This page contains laws and regulations with regards to foreign investments as well as employment of labour in Cambodia.
Overview of Cambodian labour regulations
https://prake.org/home/labour-law
This webpage can serve as an overview of Cambodian labour regulations. General information with regards to leave, compensation, social security, and labour rights are provided on the site.
Laws and regulations related to investments and management of businesses and factories
The law describes measures and incentives given by the Cambodian government to encourage foreign investments. It also restricts land ownership and employment with regards to investments by non-nationals.
Law on Amendment to the Law on Investment (2003)
This is an amendment to the law on Investment in 1994. The law defines procedures of establishing a qualified investment project and the duties of relevant government departments. Investors’ rights and duties are also covered in the law.
Law on Commercial Enterprises (2005)
The law is a well-rounded law regulating commercial enterprises. It explains the registration of commercial enterprises and the procedures to be complied with. The law also describes steps to be followed and be aware of when establishing and dismissing a partnership with another party. The rights and obligations of limited and public limited company are explained in the law, and some parts of the code are dedicated to the specific regulations applied to foreign businesses as well.
The law explains the procedures, course, and possibility of insolvency proceeding. It also explains the handling of companies’ assets during and after the proceeding.
Law on Organization and Management of Territory, Urbanization and Constructions (1994)
The law regulates the planning and constructions of lands and buildings, aiming to ensure sustainability while encouraging development. Application for construction is also governed under the statute.
Law on the Management of Quality and Safety of Products and Services (2000)
The law indicates the standards and requirements that products and services should comply with. It also describes handling of falsified and defective products, as well as the process of governmental inspections.
Law on Administration of Factory and Handicraft (2006)
The law regulates the management of factory and indicates the responsibilities of factory and handicraft owner. Articles concerning industrial safety and factory inspection are also included in the code.
The
guideline explains the procedures and documents needed for the application and
extension of foreign permit. Fees incurred are also listed in the guideline.
Sub-decree on Solid Waste Management (1999)
The Sub-decree defines the responsibilities of various government institutions and regulates the dumping of household and hazardous waste. The sub-decree also touches upon the monitoring and inspection procedures of hazardous waste management that relevant ministries should be in charge of.
Sub-decree on Environmental Impact Assessment Process (1999)
Laws and regulations related to the treatment of labour
Labour Law (1997)The law in general describes how workers’ legitimate rights shall be protected during normal times and special circumstances. The law explains welfare and rights that workers are entitled to. It also includes regulations with regards to working conditions and safety of workers.
Law on the Social Security Schemes for Persons Defined by the Provisions of the Labour Law (2002)
The law defines the eligibility of and areas covered by the National Social Security Fund (NSSF). Workers can apply for pension and employment injury allowances if they are enrolled in the NSSF, and the detailed eligibility and processes are explained in the rule.
The law regulates the management, administration, admission, rights and duties of worker unions and employer associations.
Law on the Protection and the Promotion of Rights of Persons with Disabilities (2009)
The law defines the responsibilities and work of different government ministries on the issue, while suggesting rehabilitation, healthcare, prevention, and accessibility measures to be taken for the disabled. Education issues, both the handling of disabled children and education on disability, are also brought up in the law. In addition, topics on employment and training and full suffrage of the physically handicapped are touched upon.
The notification declares female workers are entitled to 90 days of maternity leave and female who have worked for her company for at least a year are entitled to half of their wage during their leave. Women who are members of the National Social Security Fund (NSSF) on Health Care Scheme are also entitled to daily allowances.
The Prakas (ministerial order) explains the procedures of obtaining a Certificate of Registration and
Registration Certificate Letter for registered trade unions or employer associations. It also describes the appeal mechanism if they fail to register to the government.
The Prakas
(ministerial order) sets employers’ contribution rates for occupational risk scheme and on health
care scheme under the National Social Security Fund. Payment methods, consequences
of payment failure, submission of relevant documents are all regulated by the
Prakas.
Instruction on the Enforcement of Prakas 004 សកបយ dated on 05 January 2000 on Apprenticeship (2015)
The
instruction acts as a supplementary document to the Prakas on Apprenticeship
dated 2000. The instruction determines the eligibility, registration with
government, and content of apprenticeship.
Prakas on Training of Apprentices (2000)
The Prakas (ministerial order) determines the number of apprentices in an enterprise and regulates trainings of apprentices, exit examination, and inspections on trainings.
Notification on Registration of Workers/Employees with the National Social Security Fund (2016)
The
notification aims to regulate the re-registration of employees with the
National Social Security Fund, as faulty information of workers had led to loss
of benefits in the past. The notification instructs employers to tighten
identity checkup during re-registration to prevent occurrence of problems and lists
out the appropriate procedures.
Inter-ministerial Prakas on Determination of Criteria for Types and Levels of Disability (2011)
This Prakas (ministerial order) defines the criteria for types and levels of physical, mental, and emotional disability, as well as the formation of councils evaluating type and level of disability on the municipal/provincial level.
The Parkas (ministerial order) defines the types of chronic diseases that are covered by the National Social Security Fund.
Prakas on Health Care Benefits (2016)
This Prakas (ministerial order) determines the health care benefits that individuals are entitled to if they are registered with the National Social Security Fund. The requirements of getting the benefits are also stated in the Prakas.
The Prakas (ministerial order) regulates the employment of young workers in enterprises and the respective
obligations of employers in relation to employment and working environment.
Sub-Decree on Determination of Quota and Formality for Recruitment of Disabled Persons (2010)
The Sub-Decree determines the minimum number or proportion of disabled employees in civil servants and enterprises. The procedures and reporting with regards to the employment are also referred to in the sub-decree. Penalties and rewards for violating or fulfilling the sub-decree are also included in the sub-decree as well.
