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Cambodia - Working time - 2011


LAST UPDATE

31 May 2011

SOURCES


Name of Act

Labour Law For Kingdom of Cambodia, dated 10 January 1997 (Kram 13 March 1997) as amended in 2007
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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
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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
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» 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
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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)
  • 2009: 50% increase.
  • 2007: 50% increase (day hours) 100% increase (night hours and weekly rest days)
  • 1995: No legal provision.

Exceptions

No exceptions identified.

Compensatory rest

No relevant provisions identified.

Compensation procedure

No relevant provisions identified.

Notice of requirement to work overtime


General provisions

No relevant provisions identified.

Special categories


Domestic work

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
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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
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» 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
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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
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» 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
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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.
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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: 31st October 2014 at 18:47:50.
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