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Cambodia
 


Source and scope of regulations - 2017    

References
  • Labour Code [LC], dated 10 January 1997 last amended by Royal Kram No. 0707-020 of 20 July 2007
    Date: 20 Jul 2007; view website » (view in NATLEX »)
  • Trade Union Law, dated 17 May 2016
    Date: 17 May 2016
Scope
Size of enterprises excluded (≤): none
Remarks:
  • Art. 2 LC

Workers' categories excluded: civil/public servants; domestic workers; police; army; judiciary; seafarers; flying personnel
Remarks:
  • Art. 1 LC

    Apprentices are not excluded from the LL, however termination of apprenticeship contracts is regulated by specific provisions (Arts. 63-64 LC).


Reforms under process
Reform on going since 2005


Types of employment contracts - 2017    

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Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 68 LC: the probationary period cannot exceed three months for regular employees, two months for specialized workers and one month for non specialized workers.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • See Art. 66 and 67 LC.
      No limitation on the reasons for concluding a FTC. However there are some procedural requirements: a FTC must be in writing. If not, it becomes a contract of indeterminate duration.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Art. 67, 5) LC: it can be renewed one or more times, as long as the renewal does not exceed the max. duration of 2 years.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Art 67, 8) LC, confirmed by the Arbitration Council: if the initial FDC plus any extensions exceed two years, the contract automatically becomes a contract of indefinite duration.

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

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


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • 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.


Procedural requirements for individual dismissals - 2017    

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Notification to the worker to be dismissed: written

Notice period:
Remarks:
  • 1) For workers under a contract of unspecified duration:

    Art. 75 LC: The minimum period of a prior notice is set as follows:
    - 7 days, if the worker's length of continuous service is less than six months;
    - 15 days, if the worker's length of continuous service is from six months to two years;
    - 1 month, if the worker's length of continuous service is longer then two years and up to five years.
    - 2 months, if the worker's length of continuous service is longer than five years and up to ten years.
    - 3 months, if the worker's length of continuous service is longer than ten years.

    2) Specific rules apply to fixed term contracts.
    Art 73 LC: If the contract has a duration of more than six months, the worker must be informed of the expiration of the contract or of its non-renewal ten days in advance. This notice period is extended to fifteen days for contracts that have a duration of more than one year.
    • tenure ≥ 6 months
      • 15 day(s).
    • tenure ≥ 9 months
      • 15 day(s).
    • tenure ≥ 2 years
      • 15 day(s).
    • tenure ≥ 4 years
      • 1 month(s).
    • tenure ≥ 5 years
      • 1 month(s).
    • tenure ≥ 10 years
      • 2 month(s).
    • tenure ≥ 20 years
      • 3 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 77 LC.

    Notification to the public administration: Yes

    Remarks:
    • Art. 21 LC : compulsory written notification to the Ministry of Labour every time an employer hires or dismisses a worker.

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Remarks:
    • Except for worker's representatives: art. 293 LC.

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2017    

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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.

    Severance pay and redundancy payment - 2017    

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    Severance pay:
    Remarks:
    • Article 89 LC: If the worker is dismissed for a reason other than serious misconduct, the employer must pay an indemnity for dismissal. The amount of the indemnity depends upon the employee's length of continuous service:
      - for employment from 6 to 12 months: 7 days wages and benefits;
      - for employment over 1 year: 15 days wages and benefits for each year of employment, up to a maximum of six months' wages.
      This only applies to contracts of an unspecified duration.

      Note that art. 73 LC provides that: at the expiration of a fixed-term contract (the end of the term or completion of the task), the employer must pay the employee severance pay which may be fixed by collective agreement but should not in any case be less than 5 per cent of the total wages paid during the length of the contract.
    • tenure ≥ 6 months: 7 day(s)
    • tenure ≥ 9 months: 7 day(s)
    • tenure ≥ 1 year: 15 day(s)
    • tenure ≥ 2 years: 30 day(s)
    • tenure ≥ 4 years: 60 day(s)
    • tenure ≥ 5 years: 75 day(s)
    • tenure ≥ 10 years: 150 day(s)
    • tenure ≥ 20 years: 6 month(s)
    Redundancy payment:
    Remarks:
    • No specific redundancy payment: same severance pay.
      See Article 89 LC: If the worker is dismissed for a reason other than serious misconduct, the employer must pay an indemnity for dismissal. The amount of the indemnity depends upon the employee's length of continuous service:
      - for employment from 6 to 12 months: 7 days wages and benefits;
      - for employment over 1 year: 15 days wages and benefits for each year of employment, up to a maximum of six months' wages.
      This only applies to contracts of an unspecified duration.

      Note that art. 73 LC provides that: at the expiration of a fixed-term contract (the end of the term or completion of the task), the employer must pay the employee severance pay which may be fixed by collective agreement but should not in any case be less than 5 per cent of the total wages paid during the length of the contract.
    • tenure ≥ 6 months: 7 day(s)
    • tenure ≥ 9 months: 7 day(s)
    • tenure ≥ 1 year: 15 day(s)
    • tenure ≥ 2 years: 30 day(s)
    • tenure ≥ 4 years: 60 day(s)
    • tenure ≥ 5 years: 75 day(s)
    • tenure ≥ 10 years: 150 day(s)
    • tenure ≥ 20 years: 6 month(s)

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

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    Compensation for unfair dismissal - free determination by court: Yes

    Remarks:
    • 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

    Remarks:
    • Art. 385 LC

    Preliminary mandatory conciliation: No

    Remarks:
    • 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

    Remarks:
    • 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

    Remarks:
    • 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.
      http://www.arbitrationcouncil.org/eng_index.htm

    Source of additional information - 2017    

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    Links

    Former ILO Termination of Employment Digest - Cambodia (last updated in 2006) »