| Article :
17 |
| |
All employers
to whom this labour law is applied, shall
make a declaration to the Ministry in charge
of Labour when opening an enterprise or establishment
This declaration, called a declaration of
the opening of the enterprise or establishment,
must be made in writing and be submitted to
the Ministry in charge of Labour before the
actual opening of the enterprise or establishment.
Employers who employ fewer than eight
workers on a permanent basis and who do
not use machinery, shall make and submit
this declaration to the Ministry in charge
of Labour within thirty days following the
actual opening of the enterprise or establishment. |
|
| Article :
18 |
| |
For the closing
of the enterprise, employers shall also make
a declaration to the ministry in charge of
Labour within thirty days following the closing
of the enterprise. |
|
| Article :
19 |
| |
A Prakas of the
Ministry in charge of Labour shall define
the formality and procedure of the declarations
to follow in each case. |
|
| Article :
20 |
| |
Every employer
shall establish and neatly keep a register
of an establishment that was numbered and
initialed by the Labour Inspector. The model
of the register shall be set by a Prakas of
the Ministry in charge of Labour. |
|
|
SECTION
II
DECLARATION ON MOVEMENT OF PERSONNEL |
| |
| Article :
21 |
| |
Every employer
must make the declaration to the Ministry
in charge of Labour each time when hiring
or dismissing a worker.
This declaration must be made in writing
within fifteen days at the latest after
the date of hiring or dismissal.
This period is extended to thirty days
for agricultural enterprise.
The declaration of hiring and dismissal
is not applied to:
- Casual employment with a duration of
less than thirty continuous days.
- Intermittent employment for which the
actual length of employment
does not exceed three months within twelve
consecutive months. |
|
|
SECTION
III
INTERNAL REGULATIONS OF THE ENTERPRISE |
| |
| Article :
22 |
| |
Every employer
of an enterprise or establishment, set out
in Article 17 above, who employs at least
eight workers shall always establish an internal
regulation of the enterprise. |
|
| Article :
23 |
| |
Internal regulations
adapt the general provisions of this law in
accordance with the type of enterprise or
establishment and the collective agreements
that are relevant to the sector of activity
of the aforementioned enterprise or establishment,
such as provisions relating to the condition
of hiring, calculation and payment of wage
and perquisites, benefits in kind, working
hours, breaks and holidays, notice periods,
health and safety measures for workers, obligations
of workers and sanctions that can be imposed
on workers. |
|
| Article :
24 |
| |
The internal
regulations must be established by the manager
of enterprise after consultation with worker’s
representatives, with three months following
the opening of the enterprise, or within three
months after the promulgation of this law
if the enterprise already exists.
Before coming into effect, the internal
regulations shall be visaed by the Labour
Inspector. This visa shall be issued within
a period of sixty days. |
|
| Article :
25 |
| |
The Articles
of internal regulations that suppress or limit
the rights of workers, set forth in laws and
regulations in effect or in conventions or
collectives agreements applicable to the establishment,
are null and void.
The Labour Inspectors shall require the
inclusion of enforceable provisions in virtue
of laws and regulations in effect. |
|
| Article :
26 |
| |
An employer can
not impose disciplinary action against a worker
for any misconduct of which the employer or
one of his representatives has been awarded
for over fifteen days.
The employer shall be considered to renounce
his right to dismiss a worker for serious
misconduct if this action is not taken within
a period of seven days from the date on
which he has learned about the serious misconduct
in question. |
|
| Article :
27 |
| |
Any disciplinary
sanction must be proportional to the seriousness
of the misconduct. The Labour Inspector is
empowered to control this proportionality. |
|
| Article :
28 |
| |
The employer
shall not impose fines or doubles sanctions
for the same misconduct. These fines means
any measure that leads to a reduction of the
remuneration being normally due for the performance
of work provided. |
|
| Article :
29 |
| |
The internal
regulations must be diffused and affixed to
a suitable place that is easily accessible,
on the premises where work is carried out
and on the door of the premises where workers
are hired.
These internal regulations shall constantly
be kept in a good state of legibility |
|
| Article :
30 |
| |
All modifications
to the internal regulations must comply with
the provisions governing the enterprise or
establishment. |
|
| Article :
31 |
| |
In enterprises
or establishments, employing less than eight
workers, where there are no internal regulations,
the employer may pronounce, according to the
seriousness of the misconduct of the workers
concerned, a warning, a reprimand a suspension
of work without pay for not more than six
days or a dismissal with or without a prior
notice. |
|
|
SECTION
IV
EMPLOYMENT CARD |
| |
| Article :
32 |
| |
Every person
of Cambodia nationality working as a worker
for any employer is required to possess an
employment card.
No one can keep a worker in his service
who does not comply with the provision of
the above paragraph. |
|
| Article :
33 |
| |
The possession
of an employment card is optional for seasonal
farm workers. |
|
| Article :
34 |
| |
The employment
card is for the purpose of identifying the
holder, the nature of work for which he has
contracted, the duration of contract, the
agreed wages and the method of payment, as
well as the successive contracts.
It is forbidden to use a worker’s
employment card for purpose other than those
for which it is created.
When the worker quits working for the
employer, that employer shall not writ any
appreciation on the employment card. |
|
| Article :
35 |
| |
The employment
card drawn up and issued by the Labour Inspectors
at the request of the worker who presents
an identity card issued by the competent authorities
and a certificate of employment issued by
this employer. |
|
| Article :
36 |
| |
The issuance
of employment card shall be subjected to a
fee that shall be collection and given to
the national budget. The fee rate and the
method of collection shall be set by a joint
Prakas of the Ministry of Finance and the
Ministry in charge of Labour. |
|
| Article :
37 |
| |
The hiring and
dismissal of worker, his wage and wage increases
shall be recorded in his employment card.
The above record made by the employer
must be presented, within seven whole days
following the date of entry and departure
of the worker, for the visa of the labour
Inspector. |
|
| Article :
38 |
| |
The loss of employment
card must be declared to the Labour Inspectorate.
A duplicate shall be issued under the same
conditions as those laid for the issuance
of employment card. |
|
| Article :
39 |
| |
Every employer
of an enterprise or establishment covered
by Article 17 above shall constantly keep
a payroll ledger whose format shall be set
by a Prakas of the Ministry in charge of Labour.
Before being used, all the pages of the
payroll ledger must be numbered and initialed
by the labour Inspector.
The payroll ledger must be kept in the
Bureau of Cashier or Head Office of each
enterprise so that it is readily available
for inspections. The employer shall keep
the payroll ledger for three years after
it has been closed.
The labour inspector may required to see
the payroll ledger at any time. |
|
| Article :
40 |
| |
The payroll ledger
shall record:
a) information about each worker employed
by the enterprise.
b) all indications concerning the work
performed, wage and holidays. |
|
| Article :
41 |
| |
Any enterprise
that wish to make the payroll ledger in a
different way but contains the same type of
information and the same method of review,
may apply to the Labour Inspectorate. |
|
| Article :
42 |
| |
The “company
store” is defined as any establishment
where the employer directly or indirectly
sells his workers or their families foodstuffs
and merchandise of any kind, for their personal
needs.
Company stores are authorized under the
four conditions as follows:
1. The workers are not obliged to shop
just here.
2. The employer or his attendant is not
allowed to make a profit from the
Sale of the merchandise.
3. The accounting of each company store
is to be entirely distinctive of
That of the enterprise.
4. The price of items on sale is to be
displayed visibly. |
|
| Article :
43 |
| |
The opening of
company store is determined by a Prakas of
the Ministry in charge of Labour.
The Labour Inspector monitors the operation
of company store whose management is also
shared by the elected representatives of
the concerned workers. The Labour Inspector
has the authority to order a temporary shutdown
of a company store until a final decision
is made by the Ministry in charge of Labour. |
|
| Article :
44 |
| |
The employer
cannot subject the signing or the maintaining
of employment contract to a cash guarantee
or bond of any form. |
|
|
SECTION
VIII
CHARACTERISTICS OF LABOUR CONSTRUCTOR |
| |
| Article :
45 |
| |
The labour contractor
is a sub-contractor who contracts with an
entrepreneur
And who himself recruits the necessary work
force or workmen for the execution of certain
work or the provision of certain services
for an all-inclusive price.
Such a contract must be in writing. |
|
| Article :
46 |
| |
The exploitation
or underestimation of workmen by the labour
contractor or sub-contractor is forbidden. |
|
| Article :
47 |
| |
The labour contractor
is required to observe the provisions of this
law in the same manner as an ordinary employer
and assumes the same responsibilities as the
later. |
|
| Article :
48 |
| |
In case of insolvency
or default by the labour contractor, the entrepreneur
or
The manager of enterprise shall substitutes
for the contractor to fulfill his obligations
to the workers.
The harmed workers, in such case, may
file a case directly against the entrepreneur
or manager. |
|
| Article :
49 |
| |
The Labour contractor
is required to indicate his status, the name
and address of the entrepreneur, by affixing
them to place that is readily visible in each
workshop, storeroom, or work site where work
is performed. |
|
| Article :
50 |
| |
ARTICLE 50
The entrepreneur shall constantly keep available
a list of labour contractors with whom he
has contracted. This list, indicating the
name, address, and status of the labour contractor
as well as the situation of each workplace,
must be sent to the Labour Inspectorate within
seven whole days following the date of signing
the labour contract.
This period is extended to fifteen days
for agricultural enterprises or businesses.
|
|
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