CHAPTER IX
WORK-RELATED ACCIDENTS
 
 
 
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.



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.


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).


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.

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.

 

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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