Cambodia
 

Source and scope of regulations - 2012    

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 »)

Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants; domestic workers; police; army; judiciary; seafarers; flying personnel

Reforms under process
Reform on going since 2005

Types of employment contracts - 2012    

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

Fixed term contract (FTC):

• FTC regulated: Yes
• Valid reasons for FTC use: no limitation
• Maximum number of successive FTCs: no limitation
• Maximum cumulative duration of successive FTCs: 24 month(s)

Substantive requirements for dismissals (justified and prohibited grounds) - 2012    

Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

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

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave

Procedural requirements for individual dismissals - 2012    

Notification to the worker to be dismissed: written

Notice period:

• 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

Notification to the public administration: Yes

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2012    

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.

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

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

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

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

Priority rules for re-employment: Yes

Severance pay and redundancy payment - 2012    

Severance pay:

• 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:

• 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 - 2012    

Compensation for unfair dismissal - free determination by court: Yes

Reinstatement available: Yes

Preliminary mandatory conciliation: No

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

Existing arbitration: Yes

Source of additional information - 2012    

Links

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