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Cambodia
 


Source and scope of regulations - 2013    

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 - 2013    

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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) - 2013    

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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 - 2013    

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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) - 2013    

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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.

    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 - 2013    

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    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 - 2013    

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    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 - 2013    

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    Links

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