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Cambodia - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Cambodia - 2017    

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Obligation to provide reasons to the employee: Yes
  • Art. 74 LC.

Valid grounds (justified dismissal): any fair reasons
  • Art. 74 LC: no dismissal can take place without a valid reason relating to the worker's aptitude or behavior, based on the requirements of the operation of the enterprise, establishment or group.
    Art. 83 LC on serious offences entailing summary dismissal.

Prohibited grounds: maternity leave; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; participation in a lawful strike; birth
  • Art. 12 LC; art. 279 LC (trade union activities); art. 182 LC (maternity leave); art. 333 LC (participation in a strike).

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
  • Art. 293-295 LC
    The dismissal of a shop steward or a candidate for shop steward can take place only after authorization from the Labor Inspector. Protection extended to former shop steward (art. 282 LC).

    Art. 67 Trade Union Law
    All workers holding a leadership position in a trade union or candidates for such positions, during the 45 days before the election, cannot be dismissed

    Art. 182 LC: "The employer is prohibited from laying off women during their maternity leave or at a date when the end of the notice period would fall during the maternity leave". This protection only applies during maternity leave and not the entire pregnancy.