| Article :
248 |
| |
An accidents
it considered to be work related, regardless
of the cause, if it happens to a worker
working or during the working hours, whether
or not the worker was at fault; it is accidents
inflicted on the body of the worker or on
an apprentice with or without wage, who
is working in whatever capacity or whatever
place for an employer or a manager of an
enterprise.
Equally, accidents happening to the worker
during the direct commute from his residence
to the work place and home also considered
to be work-related accidents as long as
the trip was not interrupted nor a detour
made for a personal or non-work-related
reason.
All occupational illness, as defined by
law, shall be considered a work-related
accident and shall be remedied in the same
manner.
|
|
| Article :
249 |
| |
Manager of
enterprise are liable for all work-related
accidents stipulated in the Article above
regardless of the personal status of each
worker.
The same liability applies to:
- directors of private hospitals, but
solely for the personnel they
employ;
- professional, solely for their employees;
- craft shops, only for workers other
than the wife and the children of the
craftsman;
- property owners, only for their domestic
worker;
- agricultural enterprise, for their workers.
Apart from the categories expressly mentioned
in the preceding paragraph, any person who
engages the services of a worker for a specific,
occasional works is required to make reparation
for accidents that victimized the worker
during the work.
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|
| Article :
250 |
| |
Every manager
of enterprise shall manage to have someone
take all appropriate measure to prevent
work-related accidents.
|
|
| Article :
251 |
| |
Labourers
who normally work alone are not subject
to the provisions of the present Chapter
or to applicable regulation if they take
one or more fellow laborers to occasionally
work them.
|
|
| Article :
252 |
| |
The victim
or his beneficiaries are entitled to compensation
from the manager of enterprise or the employer
in the event of work-related accidents inflicting
on him and resulting in temporary incapacitation.
However, this compensation can be paid on
condition that the accidents cause incapacitation
for longer than four days. If the work related
accidents lead to a temporary incapacitation
of four days or less, the victims is entitled
to his regular wage.
The victim who intentionally causes an
accident shall receive no compensation.
The competent tribunal can:
- reduce the compensation if it is proved
that the accident was the result
of an inexcusable mistake of the victim;
- increase the compensation if it is proved
that the accident was the
result of an inexcusable mistake of the
employer or persons acting for
him in the management of work.
|
|
| Article :
253 |
| |
Compensation
for fatal accidents or for accidents causing
permanent disability is paid to the victim
or his beneficiaries as an annuity.
Supplementary compensation is granted
to a victim who requires constant care from
another person.
In the event of incapacitation, compensation
shall be paid no later than the fifth days
after the accidents.
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|
| Article :
254 |
| |
Victims of
work-related accidents shall be entitled
to medical assistance (benefits in kind,
medical treatment and medicine as well as
hospitalization) and to all surgical assistance
and prostheses deemed necessary after the
accident.
|
|
| Article :
255 |
| |
Notwithstanding
the preceding provision, victims of work-related
accidents can benefit from more favorable
conditions if there is such an agreement
between the parties.
|
|
| Article :
256 |
| |
A general
insurance system obligatory for work-related
accidents shall be set up. This system shall
be managed under the insurance of the National
Social Security Fund (Caisse Nationale de
la Sécuité Sociale, CNSS).
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|
| Article :
257 |
| |
Current regulation
continue to be in effect until the promulgating
of regulatory text or regulations on social
insurance for occupational risks.
Nevertheless, during the transitional
period, the Ministry in charge of Labour
can issue a Prakas to determine how to enforce
the present Chapter, notably:
1. The method for declaring and investigating
accidents.
2. Guarantees and other necessary provisions.
3. The level of disability and the amount
of compensation.
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CHAPTER
X
PLACMENT AND RECRUITMENT OF WORKERS
SECTION I
PLACEMENT
|
| |
| Article :
258 |
| |
Any person
looking for employment can request to be
registered with the Placement Office of
the Ministry in charge of Labour or with
the employment office of his province or
municipality.
All employer are required to notify the
placement Office of the Ministry in charge
of Labour or the provincial or municipal
Employment Office of any vacancies in his
enterprise or any new need for personnel.
An employer can directly recruit workers
for his enterprise, but he must meet the
requirements mentioned in Article 21 of
this law.
|
|
| Article :
259 |
| |
No employer
is required to accept a worker who has been
referred to him by the Placement Office.
The priority for accepting certain categories
of workers will be determined by special
provisions and regulations.
|
|
| Article :
260 |
| |
Personnel
of a Placement Office are prohibited from
demanding or accepting any payment whatsoever
for the placement of a worker.
|
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| |
SECTION
II
EMPLOYMENT OF FOREIGN LABOUR |
| |
| Article :
261 |
| |
No foreigner
can work unless he possesses a work permit
and an employment card issued by the Ministry
in charge of Labour. These foreigners must
also meet the following conditions:
a) Employers must beforehand have a legal
work permit to work in the
Kingdom of Cambodia.
b) These foreigners must have legally
entered the Kingdom of Cambodia;
c) These foreigners must possess a valid
residency permit;
d) These foreigners must possess a valid
residency permit;
e) These foreigners must be fit for their
job and have no contagious
diseases. These conditions must be determined
by a Prakas from the
Ministry of Health with the approval of
the Ministry in charge of
Labour.
The worker permit is valid for one year
may be extended as long as the validity
of extension doest not exceed the fixed
period in the residency permit of the person
in question.
|
|
| Article :
262 |
| |
The Ministry
in charge of Labour can work permit in the
following cases:
a) When the holder doest not fulfill one
of the conditions laid in
paragraph 2 point a), b), c), d), and e)
of Article 161 above.
b) When the job be extended by the holder
in the Kingdom of Cambodia
is competing with Cambodia job seekers in
the country. This
revocation is carried out upon the expiration
of the work permit that
may be re-issued or extended in favor of
the foreigner.
c) When the holder is unemployed for more
than one month or is hired by
another employer.
The Ministry in charge of Labour shall
issue a Prakas for the issuance of work
permits and employment cards to foreign
workers.
A joint Prakas of the Ministry in charge
of Labour and the ministry of Economy and
Finance shall set the rate of fee for issuing
such work permits and employment card.
|
|
| Article :
263 |
| |
Enterprises
of any kind and professionals such as lawyers,
bailiffs, and notaries who need to recruit
staff to work in their profession must appeal
to Cambodia as a first priority.
|
|
| Article :
264 |
| |
Notwithstanding
the provisions of Article 261 above, the
maximum percentage of foreigners who can
be allowed to employ in each of the enterprise
covered by Article 263 shall be determined
by a Prakas of the Minister in charge of
Labour based on each of the categories of
personnel as follows:
1. Office personnel.
2. Specialsed personnel.
3. Non-specialised personnel
Each enterprise is required to justify,
during the entirety of its existence, that
each of the three categories of personnel
specified above include at least the minimum
percentage of worker of Cambodian nationals
as already provided.
|
|
| Article :
265 |
| |
In exceptional
cases, in order to allow the employment
of specialists indispensable to the operation
of the enterprise, the percentage of foreigners
can be exceeded the above limit with the
authorization of the Minister in charge
of Labour at the suggestion or proposal
of the Labour Inspector.
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