Remarks: The Labour Law shall not apply to: a) judges of the Judiciary; b) persons appointed to a permanent post in the public service; c) personnel of the Police, the Army, the Military Police, who are governed by a separate statute; d) personnel serving in the air and maritime transportation, who are governed by a special legislation (although these workers are entitled to apply the provisions on freedom of union under the Labour Law); e) domestics or household servants, unless otherwise expressly specified under this law. (Labour Law §1)
LEGAL DEFINITIONS
Employee/worker
Workers are persons who have signed an employment contract in return for remuneration, under the direction and management of another person, whether that person is a natural person or legal entity, public or private.
Employees or helpers are persons who are contracted to assist any person in return for remuneration, but who does not perform manual labor fully or who does so incidentially.
Laborers are those workers who are not household servants or employees, namely those who perform mostly manual labor in return for remuneration, under the direction of the employer or his representative.
Labour Law §§3, 5, 6
Employer
Employers are all natural persons or legal entities, public or private, who constitute an enterprise, in the sense of this law, provided that they employ one or more workers, even discontinuously.
Every enterprise may consist of several establishments, each employing a group of people working together in a defined place such as in factory, workshop, work site, etc., under the supervision and direction of the employer.
A given establishment shall be always under the auspices of an enterprise. The establishment may employ just one person. If this establishment is unique and independent, it is both considered as an enterprise and an establishment.
Labour Law §2
Night work(er)
Night work is work of at least 11 consecutive hours, including the time between 22:00 and 5:00.
Labour Law §144
Domestic worker
Domestics or household servants are those workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration.
Labour Law §4
Remarks: Domestics and household servants are excluded from coverage of the Labour Law except where the Labour Law expressly specifies otherwise (§1(e) Labour Law).
Young worker
Person under 18 years of age.
NORMAL HOURS LIMITS
The general limits on normal hours of work are 8 hours per day and 48 hours per week.
Daily hours limit
The general daily hours limit is 8 hours.
General limit
In all establishments of any nature, whether they provide vocational training or are of a charitable nature or liberal profession, the number of hours worked by workers of either sex cannot exceed 8 hours per day.
Labour Law §137
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Exceptions
The Ministry in Charge of Labor can issue a Prakas (ministerial order) authorizing an extension of the daily hours in order to make up for hours lost following mass interruptions in the work or a general slowdown from either accidental causes or acts of God, notably bad weather or because of holidays, local festivals, or other local events, in the following cases: a) Making up for lost hours will not be authorized for more than 30 days per year and will be implemented within fifteen days after the return to work. For agricultural enterprises this period is extended to one month. b) The extension of the daily working hours cannot exceed one hour. c) Hours of work cannot exceed ten hours per day.
The working time limits can also be suspended for war or other events that threaten national security.
Labour Law §§140, 143
Special categories
» Agricultural workers
The normal number of working hours for plantation workers is eight hours per day. For certain categories of workers, the daily number of hours can be increased to nine as long as the weekly total does not exceed forty-eight.
Labour Law §193, 194
Remarks: For the purposes of this law, the term "plantation" means all agricultural business that regularly employs paid workers and that primarily cultivates or produces the following for commercial purposes: coffee, tea, sugar cane, rubber, bananas, coconuts, peanuts, tobacco, citrus fruits, oil palm, cinchona, pineapple, pepper, cotton, jute, and other commercial crops. It does not include family enterprises or small- sized plantations who produce only for the local market and that do not regularly employ paid workers.
» Domestic work
The daily hour limit does not apply to domestic workers.
Labour Law §1
Weekly hours limit
The general weekly hours limit is 48 hours per week.
General limit
In all establishments of any nature, whether they provide vocational training or are of a charitable nature or liberal profession, the number of hours worked by workers of either sex cannot exceed 48 hours per week.
Labour Law §137
Historical data (year indicates year of data collection)
2009: 48 hours
2007: 48 hours
1995: 48 hours.
Reference period(s)
No relevant provisions identified.
Compressed workweeks
No relevant provisions identified.
Exceptions
The Minister of Labour may issue a decree, allowing the allocation of working hours within a period of time other than the week, on the condition that the average length of working time calculated by the number of weeks does not surpass forty-eight hours per week, that the daily hours do not surpass ten hours, and that the extra hours do not exceed one hour per day.
The working time limits can also be suspended for war or other events that threaten national security.
Labour Law §§141(2), 143
Remarks: Such an order from the Ministry of Labour could not be identified.
Special categories
» Agricultural workers
48 hours.
Labour Law §194
» Domestic work
The weekly hours limit does not apply to domestic workers.
Labour Law §1
OVERTIME WORK
The Labour Law limits the amount of overtime that may be performed and requires that a penalty rate be paid in respect thereof.
Criteria for overtime
General
Overtime is foreseen for exceptional and urgent jobs.
Labour Law §139
Worker`s influence
No relevant provisions identified.
Limits on overtime hours
General limits
10 hours per day (including overtime)
Labour Law §197
Historical data (year indicates year of data collection)
1995: Maximum 10 hours per day, including overtime. 2 hours per day.
Restrictions/exceptions
The limit does not apply in case of preventing a disaster or repairing damage caused by a disaster.
Labour Law §197
Compensation for overtime work
Overtime rate(s)
Overtime shall be paid at an increased rate of 50%, unless performed between 10pm and 5am or on weekly rest periods, in which case it shall be paid at an increased rate of 100%.
Labour Law §139 (as amended 2007)
Historical data (year indicates year of data collection)
The provisions on overtime do not apply to domestic workers.
Labour Law §1
Night work
Overtime worked during the hours of 10pm and 5am is compensated with a 100% increase.
Labour Law §139
Agricultural workers
If hours worked are more than eight hours of work per day, the extra hours are paid at the overtime rate. Overtime hours cannot be added to the actual workday to exceed ten hours in the same day, except for a case of preventing a disaster or repairing damage caused by a disaster.
Labour Law §197
SCHEDULES
The work schedule is to be set by each enterprise. The only constraint identified concerns the scheduling of split shifts.
General
The work schedule is set by each enterprise for different jobs based on the nature of their activities and organization of work.
Labour Law §138
Remarks: See also §141 which provides for the issuing of Prakas by the Ministry in Charge of Labour regarding the allocation of working hours within the 48 hour week to allow for a break on Saturday afternoon or any other equivalent approach, regarding the allocation of working hours within a period of time other than a week.
Exceptions
No relevant provisions identified.
Compressed workweek
No relevant provisions identified.
Special categories
Shift work
When the work schedule consists of split shifts, the enterprise’s management can normally set up only two shifts, one in the morning and the other in the afternoon.
Labour Law §138
REST PERIODS
The Labour Law provides for weekly rest periods only.
Rest breaks
No general statutory provisions on rest breaks identified.
Daily rest periods
No general statutory provisions on rest breaks identified. However, specific provision is made for young workers.
Special categories
» Young workers
Young workers under 18 years of age must have a minimum of 11 consecutive hours of night rest.
Labour Law §176
Weekly rest periods
A weekly rest period of at least 24 hour must be provided.
Duration
» General
Weekly time off shall last for a minimum of twenty-four consecutive hours.
Labour Law §147
Historical data (year indicates year of data collection)
2009: At least 24 consecutive hours.
1995: 24 consecutive hours
» Exceptions
The general provisions pertaining to weekly rest periods do not apply to rail transport workers, whose time off is covered by special provisions.
Labour Law §145
Day specified
» General
All workers shall be given in principle a day off on Sunday
Labour Law §147
» Exceptions
The weekly rest day may be granted on another day other than Sunday to all staff, or from Sunday noon to Monday noon, or on a rota basis to all staff, if it is established that having all staff take Sunday off would be detrimental to the public or if jeopardise the normal functioning of undertaking.
The Labour Law also specifies certain industries in which it is permitted by law to give the weekly time off by rotating the day off. These industries include manufacturers of foodstuffs intended for immediate consumption, hotels, restaurants and bars, industries using materials that rapidly deteriorate, hostpitals, hospices, health clinics, utility suppliers, industries performing work for safety, sanitation or public utility.
Labour Law §§148, 149
Work on weekly rest day
» Criteria
In case of urgent work to prevent or repair accidents, suspension of the weekly rest day is possible. Prior authorization is required for the suspension of the weekly rest day except in cases of force majeure.
Labour Law §§151, 160
Remarks: A number of other industry-specific circumstances in which workers may be deprived of their day off are listed in §§152-156 of the Labour Law.
» Compensation (for working on a rest day)
The worker must be given a compensatory break equal to the missed time off.
Labour Law §151
» Prohibitions and limitations
It is prohibited from using the same worker for more than 6 days per week.
Labour Law §146
Special categories
» Young workers
Suspension of the weekly rest day is possible is prohibited for young workers.
Labour Law §151
» Women
Suspension of the weekly rest day is prohibited for women.
Labour Law §151
» Domestic workers
The provisions on weekly rest do not apply to domestic workers.
Labour Law §1
ANNUAL LEAVE AND PUBLIC HOLIDAYS
The Labour Law provides for an entitlement to annual leave, public holidays and special family leave.
ANNUAL LEAVE
The Labour Law provides for an entitlement to paid annual leave.
Qualifying period
The right to use paid leave is acquired after 1 year of service.
Labour Law §§167, 169
Remarks: For jobs that are not performed regularly throughout the year, a worker is considered to have met the condition of continuous service if he works an average of 21 days per month (§166).
Duration
The initial annual leave entitlement is 18 days for 12 months’ service, increasing with seniority.
» General
All workers are entitled to paid annual leave at the rate of 1.5 work days per month of continuous service. However, the length of paid leave entitlement shall be increased according to seniority, at the rate of one day per 3 years of service.
Labour Law §166
Historical data (year indicates year of data collection)
2009: 1.5 days per month
1 additional day per 3 years of service
2007: 1.5 days per month
1 additional day per 3 years of service
1995: 18 working days.
» Exceptions
No relevant provisions identified.
Payment
Annual leave is to be paid.
» Amount
The employer must pay a worker who goes on leave an allowance that is at least equal to the average wage, bonuses, benefits, and indemnities, including the value of benefits in kind, but excluding reimbursement for expenses, that the worker earned during the twelve months preceding the date of departure on leave. This allowance shall in no case be less than the allowance that the worker would have received had he actually worked.
The employer must also include commissions or gratuities and shall base the calculation of these on the average monthly commissions or gratuities received over a period not exceeding 12 months of service immediately preceding the date of leave.
Labour Law §§110, 168
» Date of payment
Payment must be made before the leave is taken.
Labour Law §168
Schedule and splitting
In principle, annual leave is normally given for the Khmer New Year unless there is different agreement between the employer and the worker. In this case, the employer must inform the Labour Inspector of this arrangement.
In every case of the paid annual leave exceeding 15 days, employers have the right to grant the remaining days off at another time of the year, except for the leave for children and apprentices less than 18 years of age.
Labour Law §170
Work during annual leave
No relevant provisions identified.
Special categories
» Young workers
Young workers and apprentices under 18 years of age are not subject to the splitting of the leave period.
Labour Law §170
» Domestic work
The provisions on annual leave do not apply to domestic workers.
Labour Law §1
PUBLIC HOLIDAYS
Public holidays shall be fixed on a yearly basis by decree. If a specified day coincides with a weekly rest day, workers are entitled to take weekly rest the following day.
Labour Law §§161, 162
Number and dates
Fixed on a yearly basis by implementing decrees (Prakas).
Labour Law §161
Payment
Monthly, bi-monthly or weekly wages are not to be reduced because of a public holiday. Workers who are paid by the hour, day or product shall be entitled to an indemnity equal to the wage lost as a result of the holiday. This indemnity shall be paid by the employer.
Labour Law §§162, 163
Work on Public Holidays
Workers may be required to work on public holidays in certain enterprises only.
» Criteria
Only in establishments or enterprises where work cannot be interrupted because the the nature of the work.
Labour Law §164
Remarks: However, §165 of the Labour Law provides that hours lost because of public holidays can be made up according to any prescribed conditions and that the made-up hours shall be considered as normal work hours.
» Compensation
Workers are entitled to compensation, which is to be determined by implementing decrees (Prakas).
Labour Law §164
EMERGENCY FAMILY LEAVE
The employer may grant special family related leave. Employer may deduct family-related leave from annual leave if the worker still has days of annual leave to his/her credit. If the worker does not have any annual leave left, the employer may not deduct family-related leave days from the following year’s credit.
Labour Law §171
PART-TIME WORK
No relevant provisions identified.
NIGHT WORK
The Labour Law establishes a penalty rate for night work.
Criteria for night work
Besides continuous work that is performed by groups of workers with rotating shifts who sometimes work during the day and sometimes at night, the work of the enterprise may have one portion which is performed always at night.
Labour Law §144 (as amended 2007)
Compensation
Night workers shall be paid at a rate of 130% of the day time wage.
Any overtime performed at night shall be paid 200% of the worker’s normal hours’ wage.
Labour Law §§139, 144 (as amended 2007)
Special categories
Young workers
Workers under 18 years of age cannot be employed to perform night work in any enterprise covered by §1 of the Labour Law. However, the Ministry in Charge of Labour shall determine conditions under which special dispensation may be made for teenagers over the age of 16 years: (i) for work in industries which must operate continuously (iron and steel factories, glass factories, paper factories, sugar factories and gold ore refineries); or (ii) for an inevitable case that obstructs the normal operations of the establishment.
Labour Law §175
SHIFT WORK
Split shifts must generally be limited to 2 per day. No other relevant provisions identified.
Schedule
When the work schedule consists of split shifts, the enterprise’ management can normally set up only two shifts, one in the morning and the other in the afternoon.
Labour Law §138
ON-CALL WORK
No relevant provisions identified.
FLEXITIME
No relevant provisions identified.
CASUAL WORK
Casual workers have the same rights with regards to working time and leave as regular workers.
General provisions
Casual workers are subject to the same rules and obligations and enjoy the same rights as regular workers, except where otherwise stipulated by the Labour Law.
Casual workers are those who are contracted to: (i) perform a specific work that shall normally be completed within a short period of time, (ii) perform a work temporarily, intermittently and seasonally.
Labour Law §§9, 10
Normal hours limit
The daily and weekly hours limits (i.e. 8 hours per day and 48 hours per week) apply to casual workers.
Labour Law §§10, 137
Remarks: Specific provision for the calculation of hours worked applies to casual plantation workers: see §195.
Overtime work
Overtime work by casual workers is subject to the same restrictions and penalty rates as regular workers.
Labour Law §§10, 139
Schedules
No provisions specific to casual worker identified.
Remarks: Specific provision for the calculation of hours worked applies to casual plantation workers: see §195.
Rest periods
Casual workers have the same entitlement to a weekly rest period as regular workers.
Labour Law §10 and Section 4
Annual leave
Casual workers have the same entitlements to annual leave as regular workers.
Labour Law §10 and Section 6
SHORT-TIME WORK/WORK-SHARING
No provisions relating to short-time work or work sharing identified.
General provisions
No provisions relating to short-time work or work sharing identified. However, employment contracts may be suspended for up to 2 months in the event that the employer faces a serious economic or material difficulty or any particularly unusual difficulty.
Labour Law §71
RIGHT TO CHANGE WORKING HOURS
No relevant provisions identified.
INFORMATION & CONSULTATION
The working time arrangements of an enterprise are to be established in its internal rules. These must be provided to the Labour Inspectorate and displayed in a legible format at the enterprise and concluded after consultation with the workers’ representatives.
Information
The internal regulations must be provided to the Labour Inspectorate before taking effect and must be diffused and affixed to a suitable place that is easily accessible, on the premises where work is carried out and on the door of the premises where workers are hired. These internal regulations shall constantly be kept in a good state of legibility.
Labour Law §§24, 29
Consultation
Every employer of an enterprise or establishment who employs at least 8 workers shall establish an internal regulation of the enterprise, adapting the general provisions of the law to the particular circumstances of the enterprise and any applicable collective agreements. The internal regulations should deal with matters such as working hours and must be established after consultation with workers’ representatives.
Labour Law §§22, 23, 24
Results generated on: 23rd April 2024 at 22:00:35.
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