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Wrongful termination, also known as unfair dismissal, refers to the illegal act of firing an employee by an employer for unlawful reasons. In Cambodia, the laws concerning wrongful termination are governed primarily by the Labor Law passed in 1997. This law stipulates employers’ and employees' rights and duties, terms of the contract, working conditions, and mechanisms to resolve labor disputes. This law underpins any contractual arrangements between employers and employees, restricting employers from dismissing employees without cause.
There are several instances where an individual may need legal help in the case of wrongful termination. This includes if the firing was discriminatory, in breach of contractual terms, a retaliation act, or a way to prevent the employee from enjoying employment benefits such as long service pay or pensions. Without legal knowledge, going against employers, especially large corporations, can be a daunting task. Lawyers can help to explain your rights, guide you through the legal process, negotiate on your behalf, and represent you in court if necessary.
The Labor Law of Cambodia provides protection against wrongful termination. Employers are not allowed to dismiss employees without valid reasons and proper notice based on the law and the employee's contract terms. Termination due to discrimination based on race, sex, religion, political opinion, or social origin is strictly prohibited. Also, retaliatory discharge due to a worker lodging a complaint or participating in a strike is deemed illegal. The Labor Law also emphasizes the ‘last in, first out’ principle where, during a reduction in workforce, an employer is required to retain the workers who have seniority in the enterprise over others.
Wrongful termination in Cambodia includes termination based on discriminatory grounds, breach of contractual issues, retaliation, as well as termination to prevent an employee from enjoying statutory employment benefits.
If you believe you have been wrongfully terminated, it's advisable to seek legal assistance to understand your rights and the appropriate steps to take.
No, according to Cambodian Labor Law, your employer must provide proper notice before termination, except in cases of serious misconduct.
Yes. If an employer terminates you illegally, you can file a lawsuit for wrongful termination and seek remedies such as reinstatement and compensation.
In Cambodia, if your termination is found to be wrongful, you may be entitled to compensation that could include lost wages, benefits, legal fees and potentially punitive damages, depending on the circumstances.
In Cambodia, you must file a wrongful termination claim within one year of your termination.
The 'last in, first out' principle suggests that during a reduction in workforce, the employees who have worked the longest in the company should be the last to be dismissed.
According to Labor Law, an employer cannot terminate an employee who is on leave, except in cases of serious misconduct also provided in the law.
Yes, foreign workers who are legally employed in Cambodia are protected under Cambodian Labor Law, including protection against wrongful termination.
You can seek detailed information about your rights at local labor offices or legal advice centers, or by consulting a lawyer or legal aid association.
The Ministry of Labor and Vocational Training in Cambodia can provide valuable resources and information about wrongful termination laws. Furthermore, you may also want to reach out to labor unions, worker advocacy groups, and legal aid associations for more resources and support.
If you suspect you have been wrongfully terminated, the first step is to approach competent legal counsel to fully understand your rights. Do this as soon as possible, given the one-year statute of limitations for filing a claim. Gather and preserve any evidence relevant to your case, such as copies of employment contracts, emails or documents that point to a possible illegal reason for the dismissal, and a list of potential witnesses. If your legal advisor finds you have a viable case, they will guide you in filing a claim with the appropriate labor tribunal.
