| Article :
1 |
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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,
non religious, whether they are of professional
education or charitable characteristic as
well as the liberal profession, associations
or groups of any nature whatsoever.
This law shall also apply
to every personnel 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.
This law shall not apply
to:
a) Judges of the Judiciary
b) Person 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 a 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. |
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| Article :
2 |
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All natural persons
or legal entitles, public or private, are
considered to be employers who constitute
an enterprise, within the meaning 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 in factory, workshop, work site,
etc., under the supervision and direction
of the employer.
A given establishment shall be always
under the auspices of an enterprise.
The establishment may employ just one person.
If this establishment is unique and independent,
it is both considered as an enterprise and
an establishment. |
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| Article :
3 |
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“Worker”,
within the meaning of this law, are very person
of all sex and nationality, who has signed
an employment contract in return for remuneration,
under the director 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 neither
the jurisdictional status of the employer
nor that of the worker, as well as the amount
of remuneration. |
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| Article :
4 |
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“Domestics”
or household servants “are those workers
who are engaged to take care of the home owner
or of the owner’s property in return
for remuneration. |
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| Article :
5 |
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“Employee
or helpers” are those who are contracted
to assist any person in return for remuneration,
but who do not perform manual labor fully
or who do so incidentally. |
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| Article :
6 |
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“Laboures” are those workers who are not household servants
or employees, namely those who perform mostly
manual labour in return for remuneration,
under the direction of the employer or his
representative.
The status of labourer is dependent of
the method of remuneration, it is determined
exclusively by the nature of the work. |
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| Article :
7 |
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“Artisans” are persons, who practice a manual trade personally
on their own account, working at home or outside,
whether or not they use the motive force of
automatic machines, whether or not they have
a shop with a signboard, who primarily sell
the products of their own work, carried out
either alone or with the help of their spouse
or family members who work without pay, or
with the help of workers or apprentices, but
the entire workshop is solely under the direction
of their own.
The number of non-family workers, who regularly
works for an artisan, cannot exceed seven;
if this number is exceeded, the employer loses
the status of artisan. |
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| Article :
8 |
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“Apprentices” an those who have entered into an apprenticeship
contract with an employer or artisan who has
contracted to teach or use someone to teach
the apprentice his occupation; and in return,
the apprentice has to work for the employer
according to the conditions and terms of the
contract. |
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| Article :
9 |
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In accordance
with the stability of employment, it is distinguished:
- regular workers
- casual workers, who are engaged to perform
an unstable job.
Regular workers are those who regularly
perform a job on a permanent basis.
Casual workers are those who are contracted
to:
- perform a specific work that shall normally
be completed within a short period of time.
- perform a work temporarily, intermittently
and seasonally.
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| Article :
10 |
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Casual workers
are subject to the same rules and obligations
and enjoy the same rights as regular workers,
except for the clauses stipulated separately. |
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| Article :
11 |
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In accordance
with the method of remuneration, workers are
classified as follows:
- Workers remunerated on a time basis (monthly,
daily, hourly), who are paid daily or at intervals
not longer than fifteen days or one month.
- Workers remunerated by the amount produced
or piecework.
- Workers remunerated on commission.
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SECTION
II
NON-DISCRIMINATION |
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| Article
: 12 |
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Except
for the provision 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 worker’s 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 of work,
- advancement,
- promotion,
- remuneration,
- grating of social benefits,
- discipline or termination of employment
contract.
Distinctions, rejections, or acceptances
based on qualifications required for
a specified job shall not be considered
as discrimination. |
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| Article
: 13 |
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The
provision of this law are of the nature
of public order, excepting derogations
provided expressly. Consequently,
all rules resulted from a unilateral
decision, a contract or a convention
that do not comply with the provision
of this law or any legal text for
its enforcement, are null and void.
Except for the provisions of this
law that cannot be derogated in away,
the nature of public order of this
law is not obstructive to the granting
of benefits or the rights superior
to the benefits and the rights defined
in this law, granted to workers by
a unilateral decision of an employer
or a group of employers, by an employment
contract, by a collective convention
or agreement, or by an arbitral decision.
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| Article
: 14 |
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The
employer must keep at least one copy
of the labour law at the disposal
of his workers and, in particular,
of the workers’ representatives
in every enterprise or establishment
set forth in Article 1 of this law.
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| Article
: 15 |
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Forced
or compulsory labour is absolutely
forbidden in conformity with the International
Convention No.29 on the Forced or
Compulsory Labour Organization and
ratified by the Kingdom of Cambodia
on February 24, 1969.
This article applies to everyone,
including domestics or household servants
and all workers in agricultural enterprise
or businesses.
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| Article
: 16 |
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Hiring
of people for work to pay off debts
is forbidden.
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