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The Kingdom of Cambodia doesn't have a comprehensive pension system as seen in many other countries. However, Cambodia's labour law does provide for a modest form of pension in the form of severance pay. This provision ensures that, after a fixed-term labour contract ends, the worker is entitled to compensation from the employer, depending on their duration of service. The National Social Security Fund (NSSF) also provides some benefits to elderly people who've contributed during their working lives.
Understanding the rights and responsibilities of both employers and employees in regard to pensions and severance pay can be challenging. You may need a lawyer to help navigate these complexities if you are an employer wanting to ensure you are complying with the law or an employee needing to confirm your entitlements. Situations like disputes over pension or severance pay, questions about legal obligations, and issues related to the NSSF would call for a legal expert's assistance.
The pension law in Cambodia is deeply intertwined with the country's labour laws. The Labour Law mandates that severance pay equivalent to five days of wages for every year of service should be provided to the worker when his/her fixed-term labour contract ends. Moreover, the NSSF Law of 2002 established the NSSF, which provides some welfare benefits to older citizens. It is important to note that Cambodia’s social protection system is still in its early stages of development and there are many areas where the laws are not fully defined.
All gainfully employed persons in Cambodia, both nationals and foreigners, are allowed to contribute to the NSSF.
Yes, as per the Cambodian Labour Law, every employer must pay severance pay to workers upon the termination of fixed-term labour contracts.
Severance pay is calculated based on the length of service. The worker should receive an equivalent of five days of wages for every year of service.
The NSSF provides welfare benefits including health care benefits, work injury benefits, and allowances for older age, disability, and death.
If an employer refuses to pay Severance Pay or doesn't pay the correct amount, you may need legal advice to understand your options and potentially take the matter to court.
Severance pay is only mandatory if your fixed-term labour contract is completed or terminated by the employer. If you resign, you might not be entitled to severance pay.
Yes. The NSSF provides allowances including for permanent disability.
If your employer doesn't contribute to the NSSF, they are likely breaching the law. In such a case, you may need legal advice to ascertain your rights.
Foreigners are allowed to contribute to the NSSF and can avail its benefits just like Cambodian citizens.
Unless there is a reciprocal arrangement between Cambodia and the country where you worked, previous contributions to a foreign social security scheme will not be counted towards the NSSF.
The Ministry of Labour and Vocational Training and the National Social Security Fund (NSSF) are key bodies governing pensions in Cambodia. It is recommended that you visit their official websites for more information.
If you feel that you need legal assistance regarding your pension in Cambodia, it is recommended that you consult a lawyer. They can provide you with the necessary guidance based on your specific situation and the current legal framework.
