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Cambodia - Maternity protection - 2011


LAST UPDATE

31 May 2011

Data quantity

NORMAL

SOURCES


Name of Act

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MATERNITY LEAVE


Scope

All women employed in every enterprise or establishment of industry, mining, commerce, crafts, agriculture, services, land or water transportation, whether public, semi-public or private, non-religious or religious, as well as women working in handicraft establishments and associations of any kind and self-employed women. Permanent civil servants and domestic or household workers are not covered.
Labour Law §1
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Qualifying conditions

No qualifying conditions identified.

Duration


Compulsory leave

No compulsory leave identified.

General total duration

Ninety days
Labour Law §182
Historical data (year indicates year of data collection)
  • 1998: Ninety days
  • 1994: Ninety days

Extension

No provisions providing for an extension of maternity leave identified.

Leave in case of illness or complications

No specific provision for leave in the case of illness or complications arising out of pregnancy or childbirth identified.

RELATED TYPES OF LEAVE


Parental leave

No specific paternity leave entitlement identified. However, the special leave entitlement in §171 may be used.
Labour Law §171

Paternity leave

No specific paternity leave entitlement identified. However, the special leave entitlement in §171 may be used.
Labour Law §171

Scope

There is no specific paternity leave in the Labour Code. However, the law entitles all workers covered by the law to a maximum of ten days special leave for family events directly related to the workers’ immediate family that may be used by new fathers.
Labour Law §171

Length

10 days (family related leave)
Labour Law §171

Adoption leave

No specific paternity leave entitlement identified. However, the special leave entitlement in §171 may be used.
Labour Law §171

RIGHT TO PART-TIME WORK


General provisions

No entitlement to part time work identified.

CASH BENEFITS


Maternity leave benefits

The Labour Law provides for cash benefits during maternity leave.

Scope

The scope of the entitlement to cash benefits mirrors the scope of the entitlement to maternity leave.
Labour Law §§1, 182, 183
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Qualifying conditions

The cash benefits for maternity leave are only payable to women with one year of continuous, uninterrupted service in the enterprise.
Labour Law §183

Duration

The cash benefit is to be paid for the duration of the maternity leave, which is ninety days.
Labour Law §§182, 183

Amount

Women are entitled to half their wage (as defined), including their perquisites (privileges connected with their position), and reserve their rights to other benefits in kind, if any.
Labour Law §183
Historical data (year indicates year of data collection)
  • 2009: Fifty percent of wage, including bonuses.
  • 2004: 50% of wage, including bonuses.
  • 1998: Fifty percent
  • 1994: One hundred percent

Financing of benefits

The cash benefits are to be paid by the employer.
Labour Law §183
Historical data (year indicates year of data collection)
  • 2009: The employer
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

No provisions relevant to pregnancy or birth-related medical requirements identified.

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

For one year after child birth, a woman is entitled to a one-hour nursing break or two 30-minute nursing breaks a day (one in the morning and one in the afternoon), in agreement with her employer. Breaks for breastfeeding are separate from and shall not be deducted from normal breaks.
Labour Law §184 and §185

Remuneration of nursing breaks

The Labour Law does not make express provision for the remuneration of nursing breaks. However, it does state that breaks for breastfeeding are separate from and shall not be deducted from normal breaks provided for in law, internal regulations of the enterprise, collective agreements or under local custom.
Labour Law §185

Nursing facilities

Managers of enterprises employing a minimum of one hundred women or girls shall set up, within their establishments or nearby, a nursing room and a day-care center. If the company is not able to set up a day-care center on its premises for children over eighteen months of age, female workers can place their children in any day-care center and the charges shall be paid by the employer.
Labour Law §186

Nursing facilities

A Prakas (ministerial order) of the Ministry in charge of Labour shall determine the conditions for setting up a hygienic environment and supervising these nursing rooms and day-care centers.
Labour Law §187

HEALTH PROTECTION


Arrangement of working time

While not specific to working time, women are only expected to perform light work after the maternity leave and during the first 2 months after returning to work.
Labour Law §182
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Dangerous or unhealthy work


General

Women workers must be assigned to lighter work for a period of two months after they return to work after maternity leave.
Labour Law §182

Risk assessment


» Adaptation of conditions of work

Women workers must be assigned to lighter work for a period of two months after they return to work after maternity leave.
Labour Law §182

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Employers are prohibited from discriminating on the basis of sex when making decisions about hiring, defining or assigning work, training, advancement, promotion, remuneration, granting of social benefits, discipline or termination of employment. However, there are no express prohibitions on discriminating on the grounds of pregnancy or maternity.
Labour Law §12

Protection from discriminatory dismissal

The employer is prohibited from laying off women in labour during their maternity leave or at a date when the end of the notice period would fall during the maternity leave.
Labour Law §182

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

The contract of employment of a woman is suspended during the period she is on maternity leave, however, she still receives half of her wages.
Employers are prohibited from laying off women who are on maternity leave.
Labour Law §71(5), 182, 183

Results generated on: 24th April 2014 at 19:14:17.
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