The Labour Administration is primarily responsible for preparing implementing, coordinating supervising, and evaluating national labour policy. Particularly within the realms of public administration, it is the tool for formulating and enforcing legislation in order for this policy to materialize.

The Labour Administration consistently studies the situation of employed, unemployed or under-employed persons in light of the national laws and practices regarding working conditions, employed and professional life. It pays attention to inadequacies and abuses in this area and puts forward a proposal and request a decision on method for remedy.

The Labour Administration offers its advisory service to employers and to workers, as well as to their respective organizations, in order to promote consultation and real cooperation between the authorities or public institutions and employers or workers, as well as between employer’s and workers’ organizations.

The Labour Administration respond to requests for technical assistance from employers and workers, as well as from their respective organizations.

The Labour Administration offers conciliatory service to employers and workers, as well as to their organizations, in order to help settle individual or collective disputes.

The Labour Administration must permanently maintain adequate personnel, material, means of transportation, offices and premises to meet the needs of, and be conveniently accessible to, all interested persons.

A gents of the Labour Administration must be provided with adequate training for carrying out their respective functions. Relevant measures are taken by Prakas of the Ministry in charge of Labour to ensure that permanent training is provided to these agents during their employment.

The agents of the Labour Administration must have sufficient qualifications to perform their assigned functions, have access to the necessary training in carrying out their functions and be free from all undue external influence.

All this personnel shall be granted with material means and financial resources required to efficiently perform their statutory duties.

The Ministry in charge of Labour shall issue a Prakas to determine the structure of the Labour Administration and, for each service, specify:

- the roles and tasks incumbent on the responsible agents;

- the organization, relationship and coordination with the other services within the Labour Administration;

- layout of the service in order to best serve in provinces and municipalities in the country;

- worker methods of the responsible agents.

The special statutes and conditions if service for the various categories of personnel in the Labour Administration shall be determined by an Anukret.

The tasks of the Labour Inspector are assumed by Labour Inspectors and by Labour Controllers.

Before their appointment, Labour Inspectors and Controllers must solemnly swear allegiance to fulfilling their duties and to not revealing, even after having left their post, and any manufacturing or trade secrets or operating methods that they learned of during the cost of their work.

The Labour Inspector shall have the following mission:

a) to ensure enforcement of the present Labour Law and regulatory texts that are provided for, as well as other laws and regulations that are not yet codified and that relate to the labour system;

b) to provide information and technical advice to employers and to workers on the effective ways of observing the legal provisions;

c) to bring to the attention of the competent authority any improprieties or abuses that are not specifically covered by the existing legal provisions,

d) to give advice on issues relating to the arrangement or restructuring of enterprises and organisms that have been authorized by the administrative authorities and covered by Article 1 of this law,

e) to monitor the enforcement of the legal provisions regarding the living conditions of workers and their families.

Labour Inspectors and Controllers can ask for assistance from duly qualified experts and technicians from relevant ministries or outside, who are specialized in medicine, mechanics, electricity, chemistry and environment, in order to ensure enforcement of the legal provisions regarding the health and safety of workers in carrying out their duties, and to inquire about the effectiveness of the methods applied, the materials used, and the regulations on the health and safety of workers. This technical assistance shall be exerted under the monitoring of the Labour Inspector or the Labour Controller in Cooperation with relevant ministries.

The experts and technicians, who cooperate with the Labour Inspector or the Labour Controller in enforcing the legal provisions on the labour health and safety, must take an oath. They have the same powers as granted to the Labour Inspectors as per Article 346 and 347 below.

The expenses incurred from this assistance shall be paid by the Ministry in charge of Labour.

1. Labour Inspectors and Controllers possessing the proper identification are
authorized.

a) to freely enter any enterprise within the jurisdiction of their inspection, without prior notification of the time, whether day or night;

b) to enter in the daytime workplaces that they could rationally assume to be subject to inspection of their Inspectorate, and

c) to conduct any examinations, inspections and investigations considered to be necessary to ensure that the provisions are effectively observed, and, in particular:

? to question, either alone or in the presence of witnesses, the employer or the staff about any matter relating to the enforcement of the law;

? to demand access to all books, ledgers, and documents that must be kept by the employer as prescribed by the legislation relating to working conditions so as to verify whether they conform to the legislation; as well as to have the right to copy or take extracts from the books or ledgers;

? to demand the posting of notices or papers that are required to be affixed by law;

? to take, for the purpose of analysis, samples of materials or substance used or mixtures provided that the employer or his representative is aware that the materials or substance were taken for this purpose.

2. During each inspection, the Labour Inspector or Controller must inform the employer or his representative of his presence, unless he thinks that doing so will prejudice the effectiveness to the inspection.

3. The Labour Inspector and Controller may need to be accompanied by one or more shop stewards during inspection.

In performing their duties, Labour Inspectors and Controllers have the power:

1) to make observations to the employer or his representative and to the workers.

2) to serve notice on the employer or his representative to observe the legislation within a certain time period;

3) to note with an official report the non-observance of certain legal provisions that must, until proved to otherwise, be credited;

4) to order that immediate measures be taken when they have every reason to believe or conclude that there is an imminent and serious danger to the health or safety of the workers.

5) to impose fine o those guilty of violating the provisions of this law and any enforcement-related text of these provisions.

Labour Inspectors, Labour Medical Inspectors and Labour Controllers cannot have any interest whatsoever in the enterprise within the jurisdiction of their inspection.

They must keep the source of any complaint, referred to them, about any default in the facility or a violation of the law strictly confidential and must not reveal to the employer or his representative that the inspection was the result of a complaint.

The Labour Medical Inspection permanently operates for the purpose of protecting the health of worker at workplace. The tasks of this inspection are assigned to Labour Medical Inspectors who place great emphasis on the organization and operation of Labour medical services.

The Labour Medical Inspectors work in conjunction with the Labour Inspectors and cooperate with them in enforcing regulations regarding the health of workers.

Within the framework of their mission, the provision relating to the power and obligations of Labour Inspectors provided for in Article 343 paragraph 2, 346 and 347 points 1,2,3,4 of this law are also extended to the Labour Medical inspectors.

A Labour Advisory Committee shall be formed under the Ministry in charge of Labour.

It consists of:

? the Minister in charge of Labour, or his representative, who is the Chairperson;

? a number of representatives of relevant ministries;

? the equal number of representatives from the workers’ union that are the most representative at the national level, and of representatives from the employers’ organizations that are the most representative at the national level.

It elects two vice-chairpersons, one from among the workers’ representative And the other from among the employers’ representatives.

The composition and functions of the Labour Advisory Committee shall be determined by an Anukret:

The Labour Advisory Committee must meet at least twice per year. However, it can be convoked at any time by the Minister in charge of Labour at his own initiative or at the request of one of the vice-chairpersons.

The chairperson sets the agenda of each session of the Labour Advisory Committee in consultation with the vice-chairpersons.

The Labour Advisory Committee shall have a permanent secretariat, which is under the responsibility of the Ministry in charge of Labour.

At the request of the Chairperson or of one of the vice-chairpersons, duly qualified officers or prominent figures who are competent primarily in the areas of economics, medicine, social or cultural matter can be invite to attend the meeting of the Labour Advisory Committee for consultations.

The position of member of the Labour Advisory Committee is unpaid.

The employer whose worker is a member of the Labour Advisory Committee
Is required to give the worker the necessary time to attend the meetings.

This meeting period is paid as normal work time and considered as such for the calculation of seniority and the right to take leave.

The workers who are members of the Labour Advisory Committee are subject to the same protection granted by this law to union stewards and union leasers.

The Labour Advisory Committee has the mission primarily to study problems related to labour, the employment of workers, wage, vocational training, the mobility of labour force in the country, migrations, the improvement of the material and moral conditions of workers and the issues of labour health and safety.

The Labour Advisory Committee has the following duties:

? formulate recommendations on the guaranteed minimum wage,

? render advice beforehand in order to extend the scope of a collective agreement or, if there is no collective agreement, give advice eventually on any regulation concerning the conditions of employment in a give profession or in a certain sector of activity.

Participation of the Kingdom of Cambodia in activities of the International Labour Organization shall be in consultations with representatives of employers and workers who are members of the Labour Advisory committee.

Those guilty of violating the provisions of the articles in Chapter XVI of this law shall be fined or imprisoned or both.

Fines are imposed by the Labour Inspector and the Labour Controller.

Fines are set in multiples of the base daily wage. The base daily wage is the minimum wage set by a joint Prakas of the Ministry in charge of Labour and the Ministry of Justice

Those guilty of violating the provisions of Articles 14, 20,22,24,29,30,34,37,42,43,72,112,134,187,214,222,253, and 255 are liable to a fine of ten to thirty days of the base daily wage.

Employers who eliminate or suspend the weekly time off of their workers or who provided this time of f under conditions contrary to the provisions of Section IV of Chapter VI of the present Labour Law or implementing Prakas of this law are liable to a fine of ten to thirty days of base daily wage.

These penalties also apply to employers who suspend this time off without the necessary authorization, or who do not provide their workers with compensatory time off under the conditions laid in the aforesaid provisions.

Those guilty of violating the provisions of Articles 28,44,4549,5057,59,106, 139,144,162,163,164,166,167,168,169,170,179,180 paragraphs 1 and 2, 182 – paragraph 2 and 3, 184,194,198,200,204,205,206,210,249,296 and 306 are liable to a fine of thirty-one to sixty days of the base daily wage.

The employer who neglects or refuses to grant an employment certificate under the conditions laid in Article 93 is liable to a fine of thirty-one to sixty days of the base daily wage.

Without prejudice to any civil liability, those guilty of violating the provisions of Articles 113,114,115 and 116 are liable to a fine of thirty-one to sixty days of the base daily wage.

Offsetting, installments, deductions from wages by the employer in violation of the rules imposed by Articles 127, 128 and 129 are liable to a fine of thirty-one to sixty days of the based daily wage.

Employers who employ staff under conditions contrary to the provisions of Article 137,138 – paragraph 2, 140 and 141 regarding hours of work or the implementing Prakas of these articles are liable to a fine of thirty-one to sixty days of the base daily wage.

Employers who employ children less than eighteen years of age under condition contrary to the provisions of Article 173,174,175,176,177 and 178 of this law are liable to a fine of thirty-one to sixty days of the base daily wage.

Those guilty of violating the provisions of Articles 12,15,17,18,39,46,104,126,260,264,281,292,331,333,334, and 335 are liable to a fine of sixty-one to ninety days of base daily wage or to imprisonment of six days to one month.

The employer who violates the provisions of Article 16 of this law is liable to a fine of sixty-one to ninety days of the base daily wage.

The employer who dismisses staff from work for one of the reasons laid in Article 95 paragraph 1and 2, without informing the Labour Inspector or who carries out this dismissal during the suspension period of dismissal imposed by the Minister in charge of Labour in compliance with Article 95 last paragraph, is liable to a fine of sixty-one to ninety days of base daily wage or to imprisonment of six days to one month.

Any person who hires or keeps in his service a foreigner, who does not possess the employment card authorizing him to carry out a paid job in the Kingdom of Cambodia, is liable to a fine of sixty-one to ninety days of the base daily wage or to imprisonment of six days to one month. In the event of a subsequent offense, such person is liable on conviction to imprisonment of one month to three months.

Those guilty of violating Article 278,279,and 280 are liable to a fine of sixty one or ninety days of the base daily wage and to imprisonment of six days to one month, or to one of the both penalties. Any one guilty violating or attempting to breach the provisions of Section I, Chapter XI, regarding the formation of trade unions and the freedom to joint or to not join a union organization, in particular, Article 266, 267 and 273 through pressure, threat or coercion, shall be subject to the same penalties.

Those guilty of violating the rules concerning the minimum age are liable ti a fine of thirty to one hundred twenty days of the base daily wage.

Company heads, directors, managers, or officers-in-charge who personally violated the provisions of Article 229, 230 and 231 or their implementing Prakas are liable to a fine of thirty to one hundred twenty days of the base daily wage.

Any person who commits the offenses defined in the preceding article that are harmful to the health or safety of others, is liable to a fine of thirty to one hundred twenty days of the base daily wage. The penalties laid in Article 375 and 376 are independent of the provisions related to the compensation for work-related accidents and occupational illnesses that are the subject of Chapter IX of this law.

Those guilty of violating the provisions of articles 240,241,242,243,244,24, 246 and 247 or violating their implementing Prakas of Labour health are liable to fine of one hundred twenty days to three hundred sixty days of the base daily wage and to Imprisonment of one to five years, or to only one of the both penalties.

The leaders or administrators of a professional organization or a union of professional organization who induce these organizations to engage in activities extraneous to its exclusive objective, as defined in Article 266 of this law, are liable to a fine of sixty-one to ninety days of the base daily wage.

The dissolution of the professional organization or the union professional organizations must be pronounced by the Labour Court in the event of those organization committing the wrongdoing as stated in the preceding paragraph or in case of serious, repeated violation of the law and regulations, particularly in the area of industrial relations.

Those guilty of violating Articles 268, 269 and 270 are liable to a fine of sixty-one to one hundred twenty days of the base daily wage.

Any who undermines or attempts to undermines the free designation of a union steward or the independent or regular performance in his mandate, or who violates the provisions of Article 282 regarding the dismissal from work, reassignment, transfer of union stewards or former union stewards, shall be liable to a fine of sixty one to ninety days of the base daily wage and to imprisonment of six days to one month, or to only one of the both penalties.

Any one who does not observe the provisions of Articles 283,286,287 and 291 and who undermines or attempts to undermines the free election of a shop steward or the regular performance of this functions, shall be liable to a fine of sixty one to ninety days of the base daily wage and to imprisonment of six days to one month, or to only one of the both penalties.

Any one who prevents or attempts to prevent the Labour Inspectors or Controller as well as the Labour Medical Inspectors from carrying out their functions or from exercising their powers, is liable to a fine of one hundred twenty to three hundred sixty days of base daily wage or to imprisonment of one month to one year.

When there are several infractions, which are liable to the same penalty by virtue of this law, fines must be proportional to the number of infractions. However, the total amount fined cannot exceed five times the maximum rate of fines.

This rule applies particularly when several workers are employed under conditions contrary to this law.

Fines imposed in the event of subsequent offenses are tripled.

Manager of enterprises shall be civilly liable for sentences rendered against their authorized representative or officers-in-charge.

Any Labour dispute covered by Chapter XII of this law that could not be settled through conciliation can be brought before the Labour Court.

For the purpose of this dispute, the Labour Court can take a number of the necessary measures as follows:

1. Order the reinstatement of a dismissed worker, by retaining his former
Position and paying him a retroactive wage.

2. Nullify the results of a union election or the election of a shop steward.

3. Order an employer to negotiate with a union or to cooperate with a
union steward or a shop steward.

4. Decide the payment for damages in favor of the party who won the
case in the labour conflict.

Without the prejudice to the disciplinary penalties laid in the Statutes of Administrative Agents, Labour Inspectors and Controllers as well as Labour Medical Inspectors who reveal the secret and production processes shall be punished by imprisonment for six days to one month, event thought the revelation of the secrets took place after they have left their job.