This page reflects the Labour Law 1997 as amended up to October 2021. The 2018 amendments (Royal Krams NS/RKM/0618/010 and NS/RKM/0718/016) replaced the old indemnity for dismissal with a regular seniority payment system. The 2021 amendment (Royal Kram NS/RKM/1021/011) clarified procedures for individual labour disputes, strengthening the role of conciliation.

→ Section 1 LL provides that: This law governs relations between employers and workers resulting from employment contracts to be performed within the territory of the Kingdom of Cambodia, regardless of where the contract was made and what the nationality and residences of the contracted parties are.
▻ This law applies to 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; whether they are of professional education or charitable characteristics, as well as the liberal profession of associations or groups of any nature whatsoever.
▻ This law shall also apply to every personnel member who is not governed by the Common Statutes for Civil Servants or by the Diplomatic Statutes, as well as officials in the public service who are temporarily appointed. (...).
▷ Definitions
→ Section 2 of the LL indicates that: All natural persons or legal entities, public or private, are considered to be employers 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 a factory, workshop, work site, etc., under the supervision and direction of the employer.
A given establishment shall always be under the auspices of an enterprise. The establishment may employ just one person. If this establishment is unique and independent, it is both considered an enterprise and an establishment.
→ Section 3 LL states that "Workers", in the sense of this law, are every person of all sexes and nationalities who has 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. To clearly determine the characteristics of a worker, one shall not take into account of either the jurisdictional status of the employer nor that of the worker, as well as the amount of remuneration.

→ Section 1(a)-(e) LL provides that:
This law shall also apply to every member of personnel who is not governed by the Common Statutes for Civil Servants or the Diplomatic Statutes, as well as to officials in the public service who are temporarily appointed.
This 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 special legislation. These workers are entitled to apply the provisions on freedom of union under this law.
e) domestics or household servants, unless otherwise expressly specified under this law. These domestics or household servants are entitled to apply the provisions on freedom of union under this law.

→ Section 67 LL indicates that: A labour contract signed with consent for a specific duration must contain a precise finishing date.
The labour contract signed with consent for a specific duration cannot be for a period longer than two years. It can be renewed one or more times, as long as the renewal does not surpass the maximum duration of two years.
Any violation of this rule leads the contract to become a labour contract of undetermined duration.
Sometimes, this contract may have an unspecified date when it is drawn up for:
· replacing a worker who is temporarily absent;
· work carried out during a season;
· occasional periods of extra work or a non-customary activity of the enterprise;
This duration is then finished by:
· the return to work of the worker who was temporarily absent or the termination of his labour contract;
· the end of the season;
· the end of the occasional period of extra work or of the non-customary activity of the enterprise
▻ At the signing of the contract, the employer must inform the worker of the eventually sensitive issues and the approximate duration of the contract.
▻ Contracts without a precise date can be renewed at will as many times as possible without losing their validity.
▻ Contracts of daily or hourly workers who are hired for a short-term job and who are paid at the end of the day, the week or fortnight period, are considered to be contracts of fixed duration with an unspecified date.
▻ A contract of a fixed duration must be in writing. If not, it becomes a labour contract of undetermined duration.
▻ When a contract is signed for a fixed period of or less than two years, but the work tacitly and quietly continues after the end of the fixed period, the contract becomes a labour contract of undetermined duration.

→ Section 66 provides that: Everyone can be hired for a specific work on the basis of time, either for a fixed duration or for an undetermined duration.
▷ Note: However, a labour contract signed with consent for a specific duration must contain a precise finishing date. Violation of this rule results in the contract becoming an indefinite labour contract (§ 67).

→ Section 67 LL indicates that: The labour contract signed with consent for a specific duration cannot be for a period longer than two years. It can be renewed one or more times, as long as the renewal does not surpass the maximum duration of two years.

→ Under section 67 LL: The labour contract signed with consent for a specific duration cannot be for a period longer than two years. It can be renewed one or more times, as long as the renewal does not surpass the maximum duration of two years.
▻ When a contract is signed for a fixed period of two years or less, but the work tacitly and quietly continues after the end of the fixed period, the contract becomes a labour contract of undetermined duration (confirmed by the Arbitration Council).

▷ The probationary period cannot exceed three months for regular employees, two months for specialized workers and one month for non-specialized workers.
→ Section 68 LL indicates that: A contract for a probationary period cannot be for longer than the amount of time needed for the employer to judge the professional worth of the worker and for the worker to know concretely the working conditions provided. However, the probationary period cannot last longer than three months for regular employees, two months for specialized workers and one month for non-specialized workers.

Note: Section 21 LL requires employers to notify the Ministry of Labour of hirings and dismissals, but this "administrative obligation" does not apply to casual employment of less than 30 continuous days or intermittent employment not exceeding 3 months in any 12-month period. This does not affect the substantive protections against dismissal that apply to these workers.

▷ Non-discrimination
→ Section 12 LL provides for non-discrimination on the grounds of race, colour, sex, creed, religion, political opinion, birth, social origin, membership of a workers’ union or the exercise of union activities, indicating that: Except for the provisions fully expressing under this law, or in any other legislative text or regulation protecting women and children, as well as provisions relating to the entry and stay of foreigners, no employer shall consider on account of:
• race,
• colour,
• sex,
• creed,
• religion,
• political opinion,
• birth,
• social origin,
• membership of workers' union or the exercise of union activities;
To be the invocation in order to make a decision on:
• hiring,
• defining and assigning of work,
• vocational training,
• advancement,
• promotion,
• remuneration,
• granting of social benefits,
• discipline or termination of employment contract.
▻ Distinctions, rejections, or acceptances based on qualifications required for a specific job shall not be considered as discrimination.
▷ Maternity
→ Under Section 182 LL (maternity leave), 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.
▷ Union affiliation and strike
→ Section 279 LL on union affiliation or activities indicates that: Employers are forbidden to take into consideration union affiliation or participation in union activities when making decisions concerning recruitment, management and assignment of work, promotion, remuneration and granting of benefits, disciplinary measures and dismissal.
→ Section. 333 LL (participation in a strike) states that: The employer is prohibited from imposing any sanction on a worker because of his participation in a strike. Such sanction shall be nullified and the employer shall be punishable by a fine in the amount set in section 369 of Chapter XVI.

▷ Maternity
→ Under section 182 LL, 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.
▷ Trade Union membership and shop stewards
▶ Labour Law (LL)
▻ Shop stewards
→ Section 288 LL provides that: The shop stewards are elected from the candidates nominated by the representative union organizations within each establishment. (...).
→ Section 293 LL indicates that: The dismissal of a shop steward or a candidate for shop steward can take place only after authorization from the Labour Inspector. The same protective measures apply to former shop stewards three months following the end of their terms and to unelected candidates during the three months following the proclamation of the results of the ballot. Any reassignment or transfer that would end the shop steward's term is subject to the same procedure.
▻ The Labour Inspector, who has been referred a request to authorize the dismissal of a worker covered by the present section, shall give his decision to the employer and to the worker in question as well as to the union organization to which the worker belongs, within one month at the latest upon receipt of the case.
▻ On receipt of the decision, the employer, the worker in question, or the union organization to which the worker belongs has a period of two months to appeal to the Minister in Charge of Labour. The Minister in Charge of Labour can cancel or reverse the decision of the Labour Inspector.
▻ If there is no notification of the Labour Inspector's decision within the allotted time, or if there is no notification of the decision of the Minister in Charge of Labour within two months upon receipt of the appeal, the case and the appeal are considered to be rejected.
→ Section 294 LL provides that: When the Minister in Charge of Labour or the Administrative Chamber of the Court of Appeal revokes an administrative decision authorizing the dismissal of a shop steward, the latter is entitled to resume his previous position or an equivalent position, if he has made an appeal within two months after receipt of notification of the administrative decision. The shop steward shall be reinstated in his term if it does not expire. In the contrary case, the shop steward enjoys the rights by the procedures laid in section 293 until the next elections for shop stewards.
→ Section 295 LL states that: In the case of serious misconduct, the manager of the enterprise can render the decision to instantly suspend the party in question pending the Labour Inspector's decision. If the Labour Inspector turns down the dismissal, the suspension is annulled, and its effects are cancelled lawfully.
→ Under Section 282 LL, union stewards or former union stewards who relinquished their position for less than six months are entitled to benefits provided for in the provisions of sections 292, 293 and 294 regarding the dismissal, re-assignment or transfer of shop stewards.
▻ In the recommendation on request for an authorization to dismiss or appeal, the Labour Inspector or the Minister in Charge of Labour shall examine whether the measure is involved with the mandate of the incumbent union steward or the former one.
▶ Trade Union Law (TUL)
→ Section 67 of the TUL indicates that: All workers who are candidates standing for election for the leadership of a worker union enjoy the same protection from victimisation and dismissal as shop stewards.
▻ Such protection begins 45 (forty-five) days prior to the election and ends 45 (forty five) days after the election if he/she is not elected. In order to enjoy such special protection, the worker's union shall notify the employer of the candidacy and make a copy to the Ministry in charge of labour by any formal means. The employer shall only be required to comply with these provisions once for each election for the leadership of worker's union.
▻ From the time that the application for registration is submitted, all worker's unions which are founders or workers who voluntarily become members of this worker's union, during the application period, shall enjoy the same protection as shop stewards. This protection shall last for a period of up to 30 (thirty) days following the date on which the Ministry in charge of labour has certified the worker's union registration.
▻ Beyond the date specified in the above paragraph, this protection shall be extended to the leader, vice leader, and secretary of the worker's union. The worker's union shall notify the employer of the names of the individuals to be protected by any formal means. A copy of this notification shall be sent to the Ministry in charge of labour.

▷ Contract of unspecified duration
→ Under section 74 LL, the labour contract of unspecified duration can be terminated at will by one of the contracting parties. This termination shall be subject to the prior notice made in writing by the party that intends to terminate the contract to the other party.
→ Section 76 LL indicates that: Any article of a labour contract, of an internal regulation, or any other individual agreement that sets the prior notice period to be less than the minimum set forth in this provision shall be null and void.
→ Section 78 LL stipulates that: The prior notice is the obligation to be observed in enterprises or establishments set forth in section 1 of this law, both by the worker and by the employer when one of them decides unilaterally to terminate the labour contract. (...).
▷ Fixed-term contracts
→ Under section 73 LL, if the contract has a duration of more than six months, the worker must be informed of the expiration of the contract or of its non-renewal ten days in advance. This notice period is extended to fifteen days for contracts that have a duration of more than one year. If there is no prior notice, the contract shall be extended for a length of time equal to its initial duration, or deemed as a contract of unspecified duration if its total length exceeds the time limit specified in section 67.

▷ For workers under a contract of unspecified duration:
→ Section 75 LL: The minimum period of a prior notice is set as follows:
- 7 days, if the worker's length of continuous service is less than six months;
- 15 days, if the worker's length of continuous service is from six months to two years;
- 1 month, if the worker's length of continuous service is longer than two years and up to five years.
- 2 months, if the worker's length of continuous service is longer than five years and up to ten years.
- 3 months, if the worker's length of continuous service is longer than ten years.
▷ Specific rules apply to fixed-term contracts:
→ Under section 73 LL, A labour contract of specific duration normally terminates at the specified ending date. It can, however, be terminated before the end date if both parties agree, provided that this agreement is made in writing in the presence of a Labour Inspector and signed by both parties to the contract. If both parties do not agree, a contract of specified duration can be cancelled before its termination date only in the event of the serious misconduct or acts of God […] If the contract has a duration of more than six months, the worker must be informed of the expiration of the contract or of its non-renewal ten days in advance. This notice period is extended to fifteen days for contracts that have a duration of more than one year. If there is no prior notice, the contract shall be extended for a period equal to its initial duration, or deemed a contract of unspecified duration if its total length exceeds the time limit specified in section 67.

→ Under section 95 LL, mass layoff is referred to as "any layoff resulting from a reduction in an establishment's activity or an internal reorganization that is foreseen by the employer" (...).

→ Under section 95 LL, the employer must inform the workers' representatives in writing in order to solicit their suggestions, primarily, on the measures for a prior announcement of the reduction in staff and the measures taken to minimize the effects of the reduction on the affected workers. (...).

→ Under section 95 LL, the Labour Inspector is kept informed of the procedure covered in this section. At the request of the workers' representatives, the Labour Inspector can call the concerned parties together one or more times to examine the impact of the proposed layoffs and measures to be taken to minimize their effects.
▻ In exceptional cases, the Minister in Charge of Labour can issue a Prakas (ministerial order) to suspend the layoff for a period not exceeding thirty days in order to help the concerned parties find a solution. This suspension may be repeated only one time by a Prakas of the Ministry.
→ Under section 21 LL: Every employer must make a declaration to the Ministry in Charge of Labour each time they hire or dismiss a worker.
▻ This declaration must be made in writing within fifteen days at the latest after the date of hiring or dismissal (not specific to collective dismissal).

→ Under section 95 LL, the employer must inform the workers' representatives in writing in order to solicit their suggestions, primarily, on the measures for a prior announcement of the reduction in staff and the measures taken to minimize the effects of the reduction on the affected workers.

No approval required. However, in exceptional cases, the Minister in charge of Labour can issue a ministerial order (Prakas) to suspend the layoff for a period not exceeding thirty days. The suspension may be repeated only one time by a Prakas of the Ministry (§ 95 LL).

No statutory provisions were found in the examined legislation in this respect.

→ Under section 95 LL, the first workers to be laid off will be those with the least professional ability, then the workers with the least seniority. The seniority has to be increased by one year for a married worker and by an additional year for each dependent child.

→ Under section 95 LL, the dismissed workers have, for two years, priority to be re-hired for the same position in the enterprise.
▻ Workers who have priority for re-hire are required to inform their employer of any change in address occurring after the layoff.
▻ If there is a vacancy, the employer must inform the concerned workers by sending a recorded delivery or registered letter to their last address. The worker must appear at the establishment within one week after receiving the letter.

→ Under section 95 LL, the employer must solicit the worker's representatives for suggestions, primarily, on measures taken to minimize the effects of the reduction on the affected workers.

▶ New: Royal Kram NS/RKM/0618/010 (2018 amendment)
▷ General rule
→ Under the new amendment modifying section 89 of the Labour Law, Employers shall provide employees (workers) who are still working a seniority payment equal to 15 days per year of a sum of wages and other payments. Every six months, the employer shall pay the employee half of the seniority bonus.
If the Unfixed Duration Contract (UDC) is terminated by the employer in accordance with the labour law, the employer is required to grant the employee/worker whose remaining seniority period is 1 to 6 months a seniority payment equal to 7 days of the sum of wages and other payments. In the case of a labour contract that is terminated due to the serious misconduct of the worker/employee, the seniority payment is not granted.
The employer must also pay the seniority payment to the worker/employee if the worker is terminated due to illness.
The scope and form of the implementation of the seniority payment shall be determined by the Prakas of the Minister in charge of Labour.
▶ Labour Law (LL)
▷ Fixed-term contracts
Note: Under section 73 LL, upon expiration of the contract, the employer shall provide the worker with severance pay proportional to both wages and the length of the contract. The exact amount of the severance pay is set by a collective agreement. If nothing is set in such an agreement, the severance pay is at least equal to five per cent of the wages paid during the length of the contract.

▷ Note: No specific redundancy payment: same severance pay.

▷ New
Note: The 2018 amendments to the Labour Law (Royal Kram NS/RKM/0618/010 and Royal Kram NS/RKM/0718/016) replaced the former “indemnity for dismissal” with a seniority payment of 15 days’ wages per year of service for Undetermined Duration Contracts (UDC).