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Cambodia - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Cambodia - 2017    

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Compensation for unfair dismissal - free determination by court: Yes

  • Art. 94 LC: The amount of damages is fixed by the Court, in light of the local custom, the type and importance of the services rendered, the employee's seniority and age, any deductions or payments made to a retirement plan, and other circumstances establishing the existence and the extent of the harm incurred. Instead of providing proof of damages in court, the worker can ask for a lump sum payment equal in amount to the indemnity for dismissal (Art. 91 LC).

Reinstatement available: Yes

  • Art. 385 LC

Preliminary mandatory conciliation: No

  • Preliminary conciliation is only an option for individual disputes.
    Art. 300 LC: Prior to any judicial action, an individual dispute can be referred for a preliminary conciliation, at the initiative of one of the parties, to the Labour Inspector of his province or municipality.

    However, conciliation is mandatory for collective (interest and rights) disputes : art. 305 LC.

Competent court(s) / tribunal(s): labour court

  • See Article 387 LC: Labour courts shall be created that have jurisdiction over the individual disputes occurring between workers and employers regarding the execution of the labour contract or the apprenticeship contract.

    However, labour courts have not been established yet. Pending the creation of those Courts, ordinary courts have jurisdiction over labour disputes pursuant to art. 389 LC.

Existing arbitration: Yes

  • Settlement by the Arbitration Council is compulsory when conciliation failed for collective disputes (rights and interest): art. 309 LC.
    The arbitration council has developed a body of reliable jurisprudence on termination of employment.