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> GOVERNANCE - home > Employment protection legislation database - EPLex > Cambodia

Cambodia - Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment)


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Definition of collective dismissal (number of employees concerned):
The Labour Code refers to mass lay-off resulting from a reduction in an establishment's activity or an internal reorganization but does not specify the number of employee concerned.

Remarks:
  • Art. 95 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 95 LC

Notification to the public administration: Yes

Remarks:
  • See art. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
    See also art. 21 LC: notification of every dismissal (not specific to collective dismissal)

Notification to workers' representatives: Yes

Remarks:
  • Art. 95 LC

Approval by public administration or judicial bodies: No

Remarks:
  • No approval required. However, in exceptional cases, Minister in charge of Labor can suspend the lay off for 2 x 30 days (Art. 95 LC).

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 95 LC (professional qualifications, seniority within the establishment, and family burdens of the workers).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Priority rules for re-employment: Yes

Remarks:
  • Art. 95 LC: during 2 years.

+ show references

Definition of collective dismissal (number of employees concerned):
The Labour Code refers to mass lay-off resulting from a reduction in an establishment's activity or an internal reorganization but does not specify the number of employee concerned.

Remarks:
  • Art. 95 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 95 LC

Notification to the public administration: Yes

Remarks:
  • See art. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
    See also art. 21 LC: notification of every dismissal (not specific to collective dismissal)

Notification to workers' representatives: Yes

Remarks:
  • Art. 95 LC

Approval by public administration or judicial bodies: No

Remarks:
  • No approval required. However, in exceptional cases, Minister in charge of Labor can suspend the lay off for 2 x 30 days (Art. 95 LC).

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 95 LC (professional qualifications, seniority within the establishment, and family burdens of the workers).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Priority rules for re-employment: Yes

Remarks:
  • Art. 95 LC: during 2 years.

+ show references

Definition of collective dismissal (number of employees concerned):
The Labour Code refers to mass lay-off resulting from a reduction in an establishment's activity or an internal reorganization but does not specify the number of employee concerned.

Remarks:
  • Art. 95 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 95 LC

Notification to the public administration: Yes

Remarks:
  • See art. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
    See also art. 21 LC: notification of every dismissal (not specific to collective dismissal)

Notification to workers' representatives: Yes

Remarks:
  • Art. 95 LC

Approval by public administration or judicial bodies: No

Remarks:
  • No approval required. However, in exceptional cases, Minister in charge of Labor can suspend the lay off for 2 x 30 days (Art. 95 LC).

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 95 LC (professional qualifications, seniority within the establishment, and family burdens of the workers).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Priority rules for re-employment: Yes

Remarks:
  • Art. 95 LC: during 2 years.

+ show references

Definition of collective dismissal (number of employees concerned):
The Labour Code refers to mass lay-off resulting from a reduction in an establishment's activity or an internal reorganization but does not specify the number of employee concerned.

Remarks:
  • Art. 95 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 95 LC

Notification to the public administration: Yes

Remarks:
  • See art. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
    See also art. 21 LC: notification of every dismissal (not specific to collective dismissal)

Notification to workers' representatives: Yes

Remarks:
  • Art. 95 LC

Approval by public administration or judicial bodies: No

Remarks:
  • No approval required. However, in exceptional cases, Minister in charge of Labor can suspend the lay off for 2 x 30 days (Art. 95 LC).

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 95 LC (professional qualifications, seniority within the establishment, and family burdens of the workers).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Priority rules for re-employment: Yes

Remarks:
  • Art. 95 LC: during 2 years.

+ show references

Definition of collective dismissal (number of employees concerned):
The Labour Code refers to mass lay-off resulting from a reduction in an establishment's activity or an internal reorganization but does not specify the number of employee concerned.

Remarks:
  • Art. 95 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 95 LC

Notification to the public administration: Yes

Remarks:
  • See art. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
    See also art. 21 LC: notification of every dismissal (not specific to collective dismissal)

Notification to workers' representatives: Yes

Remarks:
  • Art. 95 LC

Approval by public administration or judicial bodies: No

Remarks:
  • No approval required. However, in exceptional cases, Minister in charge of Labor can suspend the lay off for 2 x 30 days (Art. 95 LC).

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 95 LC (professional qualifications, seniority within the establishment, and family burdens of the workers).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Priority rules for re-employment: Yes

Remarks:
  • Art. 95 LC: during 2 years.

+ show references

Definition of collective dismissal (number of employees concerned):
The Labour Code refers to mass lay-off resulting from a reduction in an establishment's activity or an internal reorganization but does not specify the number of employee concerned.

Remarks:
  • Art. 95 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 95 LC

Notification to the public administration: Yes

Remarks:
  • See art. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
    See also art. 21 LC: notification of every dismissal (not specific to collective dismissal)

Notification to workers' representatives: Yes

Remarks:
  • Art. 95 LC

Approval by public administration or judicial bodies: No

Remarks:
  • No approval required. However, in exceptional cases, Minister in charge of Labor can suspend the lay off for 2 x 30 days (Art. 95 LC).

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 95 LC (professional qualifications, seniority within the establishment, and family burdens of the workers).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Priority rules for re-employment: Yes

Remarks:
  • Art. 95 LC: during 2 years.

+ show references

Definition of collective dismissal (number of employees concerned):
The Labour Code refers to mass lay-off resulting from a reduction in an establishment's activity or an internal reorganization but does not specify the number of employee concerned.

Remarks:
  • Art. 95 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 95 LC

Notification to the public administration: Yes

Remarks:
  • See art. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
    See also art. 21 LC: notification of every dismissal (not specific to collective dismissal)

Notification to workers' representatives: Yes

Remarks:
  • Art. 95 LC

Approval by public administration or judicial bodies: No

Remarks:
  • No approval required. However, in exceptional cases, Minister in charge of Labor can suspend the lay off for 2 x 30 days (Art. 95 LC).

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 95 LC (professional qualifications, seniority within the establishment, and family burdens of the workers).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Priority rules for re-employment: Yes

Remarks:
  • Art. 95 LC: during 2 years.

+ show references

Definition of collective dismissal (number of employees concerned):
The Labour Code refers to mass lay-off resulting from a reduction in an establishment's activity or an internal reorganization but does not specify the number of employee concerned.

Remarks:
  • Art. 95 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 95 LC

Notification to the public administration: Yes

Remarks:
  • See art. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
    See also art. 21 LC: notification of every dismissal (not specific to collective dismissal)

Notification to workers' representatives: Yes

Remarks:
  • Art. 95 LC

Approval by public administration or judicial bodies: No

Remarks:
  • No approval required. However, in exceptional cases, Minister in charge of Labor can suspend the lay off for 2 x 30 days (Art. 95 LC).

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 95 LC (professional qualifications, seniority within the establishment, and family burdens of the workers).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Priority rules for re-employment: Yes

Remarks:
  • Art. 95 LC: during 2 years.

+ show references

Definition of collective dismissal (number of employees concerned):
The Labour Code refers to mass lay-off resulting from a reduction in an establishment's activity or an internal reorganization but does not specify the number of employee concerned.

Remarks:
  • Art. 95 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Art. 95 LC

Notification to the public administration: Yes

Remarks:
  • See art. 95 LC: notification to the Labour Inspector in the event of mass lay-off.
    See also art. 21 LC: notification of every dismissal (not specific to collective dismissal)

Notification to workers' representatives: Yes

Remarks:
  • Art. 95 LC

Approval by public administration or judicial bodies: No

Remarks:
  • No approval required. However, in exceptional cases, Minister in charge of Labor can suspend the lay off for 2 x 30 days (Art. 95 LC).

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Art. 95 LC (professional qualifications, seniority within the establishment, and family burdens of the workers).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Art. 95 LC: The employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

Priority rules for re-employment: Yes

Remarks:
  • Art. 95 LC