For the purpose of this law, the term “wage” irrespective of what the determination or the method of calculation is means the remuneration for the employment or services that is convertible in cash or set by agreement or by the national legislation, and that shall be given to a worker by an employer, by virtue of a written or verbal contract of employment or services, either for work already done or to be done or for services already rendered or to be rendered.

? overtime payments,

? bonuses and indemnities;

? profit sharing;

? gratuities,

? the valued of benefits in kind;

? family allowance in excess of the legally prescribed amount;

? holiday pay for compensatory holidays pay; and

? amount of money paid by the employer to the workers during disability and maternity leave.

Wage does not include:

? health care;

? legal family allowance;

? travel expenses; and

? benefits grated exclusively to help the worker do his or her job.

The wage must be at least equal to the guaranteed minimum wage; that is, it must ensure every worker of a decent standard of living compatible with human dignity.

Any written or verbal agreement that would remunerated the worker at a rate less than the guaranteed minimum wage shall be null and void.

For work of equal conditions, professional skill and output, the wage shall be equal for all workers subject to this law, regardless of their origin, sex or age.

1. The guaranteed minimum wage is established without distinction Among professional or jobs, its may very according to region based on Economic factors that determine the standard of living.

2. The minimum wage is set by a Prakas of the Ministry in charge of Labour, after receiving recommendations from the Labour Advisory Committee. The wage is adjusted from time to time in accordance with The evolution of economic conditions and the cost of living.

3. Elements to take into consideration for determining the minimum wage Shall include, to the extent possible:

a) the needs of workers and their families in relation to the general level of salary in the country, the cost of living, social security allowances, and the comparative standard of living of other social groups;

b) economic factors, including the requirements of economic development, productivity, and the advantages of achieving and maintaining a high level of employment.

For task-work or piecework, whether it is done in the workshop or at home the wage must be calculated in a manner that permits the worker of mediocre ability working normally to earn, for the same amount of time worked, a wage at least equal to the guaranteed minimum wage as determined for a worker.

Minimum wages established by virtue of this law must be permanently posted in the workplace and in payment and recruitment offices.

a) The terms regarding wage that apply to the workers before they are assigned to a job or at any time that these terms change.

b) The items that make up their wage for every pay period when there is a change to the items.

The payment of wages in the form of alcohol or harmful drugs shall not be allowed in any circumstances. Furthermore, the payment of wages shall not be made in a drink shop or in a retail business or in places of recreation, except for persons being employed in such establishments.

Payment shall not be made on a day-off. If payday falls on such a day-off, the payment of wages shall made a day earlier.

Employee’s wages must be paid at least once per month. Commissions due to sale agents or commercial representatives must be paid at least every three months.

For all task-work or piecework that is to be executed for longer than fifteen days, the dates of payment can be fixed by agreement, but the labour must receive partial payments every fifteen days and be paid in full in the week following the delivery of the work.

In the event of termination of a labour contract, wage and indemnity of any kind must be paid within forty-eight hours following the date of termination of work.

In case of an unjustified delay in the payment of wages, the Labour Inspector shall serve notice on the employer to pay the wage of his workers by setting the deadline by which payment must be made.

If payment is not made by the deadline, the Labour Inspector shall write up a report and bring the matter, at no cost, before the competent court that may take any measure to keep the asset in the interest of the workers, including appointing a provisional administrator as well.

The Labour Inspector can then take any actions to force the employer to fulfill his obligations toward his workers and employees.

In the event of disputes over the payment of wage, the employers has the duty to prove that the made the payment.

This proof can be derived from the signature of the worker concerned or those of two witnesses if he is illiterate, on the payroll ledger that the employer is required to keep.

It is not adverse to the worker to confirm that “all wages and remuneration are already paid” or for any other similar term of confirmation which indicate that the worker has renounced all or part of his rights in the contract, either during the execution or after the termination of the labour contract.

Even though the worker accepts payment without protest, this does not mean that he has renounced the right to payment of all or part of his wages, allowances, or other benefits grated him by legislative, regulatory, or contractual provisions.

The statute of limitation for a lawsuit for the payment of wages is three years from the date the wage was due.
Claim subject to the statue of limitation of a lawsuit include the actual wage, perquisites and all other claims of the worker resulting from the labour contract, as well as the indemnity in the event of dismissal

Amount owed to contractors of any kind cannot be garnished nor can payment be objected with prejudice to worker’s wage payments.

Wage owed to workers shall be paid before payment is made to supplies of supplies used for construction.

Wage claims of the workers, including domestics or household servants, shall take priority over the movable or immovable properties of the debtor within the last six months prior to the declaration of bankrupt or the court-ordered liquidation of the employer.

Sale agents and commercial representatives have priority for commission and remittances earned for the last six months prior to the declaration of bankrupt or court-ordered liquidation.

Priority established by this article applies to the claims of workers for paid holidays and compensation for notice period and to dismissal indemnity.

Priorities claims provided for in Article 122 above, are opposable to all other general and special priority, including the priority of the National Treasury.

Amounts deducted by the National Treasury from the money order of the employer after the date when payment of debt was stopped, shall be returned to debtors (sub creditors)

Workers benefit from out classing all of creditors for a portion of their claim: the un attachable portion of wages earned by laborers during the last fifteen days, by employees during the last thirty days, and by commercial representatives during the last ninety days prior to the declaration of bankruptcy or court-ordered liquidation.

This part of their claim is paid to the workers, before other claims, just within ten days following the declaration of bankruptcy or court-order liquidation by a simple ruling of a judge, from the funds existing at the time the bankruptcy was declared or the liquidation was ordered, or from the first funds that become available.

In order to determine the amount of wage in view of enforcing the provisions of Article 124 above, not only the actual wages are taken into account but also the other items of remuneration covered in Article 103 of this law, as well as any damages due eventually for the breach of contract.

Wage deductions for the purpose of job placement that are provided directly or indirectly to an employer, to his representative, or to any intermediary such as a labour recruiter are prohibited.

None of the balance can be made, in favour of the employer, between the worker’s wage and the employer’s claim for diverse supplies of whatever kind, with the exception of:

1. Tools and equipment required for the work and that are not returned by The worker upon his departure;

2. Items and materials under the control and usage of the worker;

3. Amounts advances to acquire the said items;

4. Amounts owed to have the company store.

However the total amount deducted from the wage, in any case, cannot surpass The portion deemed necessary to provide the basic living for the worker and his family.

Any employer who makes a cash advance, other than the amount advanced for the purchase of tools, equipment, items and materials that the worker takes charge of and uses, can get reimbursed only by series of gradual deductions that do not exceed the transferable or attachable portion of the wage.

The deducted amounts are not to be confused with the attachable portion of the wage as determined by laws in effect. The employer has the priority to deduct this attachable portion before a third party to whom the worker owes.

Installments, as stipulated n Article 116 above, and partial wage payments made before the normal deadline but in payment for finished work, can be fully deducted from the following paycheck.

Collective agreements authorizing any wage deductions other than these cases are null and void.

However, the worker can authorize deduction of his wage for dues to the trade union to which he beings. This authorization must be writing and can be revoked at any time.

Wage can be garnished or assigned only as follows:

1. The portion of wage that less than or equal to the guaranteed minimum wage cannot be garnishment or assigned.

2. A maximum of twenty percent of the portion of wage greater than the guaranteed minimum wage to three times the minimum wage can be garnished assigned.

3. A maximum of thirty percent of the portion of wage greater than three times the guaranteed minimum wage to ten times the minimum wage can be garnished of assigned.

4. A maximum of fifty percent of the portion of wage greater than ten times the minimum wage can be garnished or assigned.

The wage taken into account for this calculation is the monthly wage.

The limits, stipulated in Article 130 above, do not apply to food creditors, since the purpose of the un attachable portion of the wages is to feed the worker’s family. However, food creditors can only claim the current monthly amount of his ration allowance, for overdue amounts, they must participate with the other creditors for the attachable portion.

Family allowances cannot be garnished or assigned except to pay debts for food.

The garnishment and assignment of wages are to be carried out in accordance with the procedure of law in effect.

Tips are remuneration mad by clients to personnel of certain establishments such as hotels, restaurants, cafés, bars, and hair salons, and received by the employer as mandatory percentage added to the client’s bill with a note “service charge” These tips must be collected by the employer and distributed in full to the personnel in contact with the clientele.

The employer shall clearly justify the receipt and the payment to his staff of the amount of tips covered by the preceding article.

The method of dividing tips and determining the categories of personnel who should receive them are establishment by the customs of the occupation or, if not applicable, by a Prakas the Ministry in charge of Labour.

In all establishments of any nature, whether they provide vocational training or they are of a charitable nature or liberal profession, the number or hours worked by workers of either sex cannot exceed eight hours per day, or 48 hours per week.

The worker schedule is set by each enterprise’s for difference jobs based on the nature of their activities and organization of work.

When the work schedule consist of split shifts, the enterprise’s management can normally set up only two shifts, one in the morning and the other in the afternoon.

If workers are required to work overtime for exceptional and urgent jobs, the overtime hours shall be paid at a rate of fifty percent higher than normal hours. If the overtime hours are worked at night or during weekly time off, the rate of increase shall be one hundred percent.

The Ministry in charge of Labour can issue a Prakas authorizing an extension of the daily hours in order to make up for hours lost following mass interruptions in the work or a general slowdown from either accident cause or acts of God, notably bad weather or because of holidays, local festivals, or other local events, in the following cases:
a) Making up for lost hour will not be authorized for more than 30 days per year and will be implemented within fifteen days after the return to work. For agricultural enterprises this period is extended to one month.
b) The extension of the daily working hours cannot exceed one hour.
c) Hours of work cannot exceed ten hours per day.

Prakas issued by the Ministry in charge of Labour shall determine as follows:

1. The allocation of working hours within the forty-eight hour working week in order to allow for a break on Saturday afternoon or any other equivalent
approach, on the condition that the extra hours do not exceed one hour per day of the regular schedule.

2. The allocation of working hours within a period of time other than the week, on the condition that have average length of working time calculated by the number of weeks does not surpass forty-eight hours per week, that the daily hours do not surpass ten hours, and that the extra hours do not exceed one hour per day.

3. Permanent special waivers that can be allowed for preparatory or Supplementary work that must be performed outside of the limit set for General work of the establishment, or for certain categories of workers Whose work is essentially intermittent.

4. Temporary special waives are allowed in favor of seasonal businesses and industries and certain enterprise in the following cases:

a) For serious or imminent accidents, for acts of God, or for urgent work to be performed on machines or equipment, but only to the extent that this avoids a serious disruption to the normal operations of the enterprise.

b) To prevent the loss of perishable materials or avoid compromising the technical outcome of the work.

c) To allow special work to take place, such as establishment inventory and balance sheet, setting deadlines, liquidating and setting accounts.

e) To allow the enterprise to handle periods of extra work due to Exceptional circumstance when it is unable to wait for other measures t to be taken by the mployer.

5. The measure for monitoring work hours, rest times and the full working period, as well as the procedures for allowing and implementing special waivers.

6. The region to which the special waivers apply.

The Prakas of the Ministry in charge of Labour will set equivalent standards for the hours of presence and the actual hours worked suitable to the profession or occupation for which the work is intermittent.

The provisions of the present Section can be suspended for war or other events that threaten national security.

For the purposes of this law, the term “night” represents a period of at least eleven consecutive hours that includes the interval between 2200 and 0500 hour.

Besides continuous work that is performed by rotating terms who sometimes work during the day and sometimes at night, the work at the enterprise can always include a portion of night work. Night work is paid at the rate set in Article 139 of this law.

The provisions of the present Section shall apply to worker employed in enterprises of any kind as specified in Article 1 of this law.

However, these provisions do not apply to rail transport workers, whose time off is covered by special provisions.

It is a prohibited from using the same worker for more than six days per week.

Weekly time off shall last for a minimum of twenty-four consecutive hours All workers shall be given in principle a day off on Sunday.

When it is established that having all staff take Sunday off would be detrimental to the public or jeopardize the normal operation of the enterprise, the rest must be arranged as follows:

a) Give all staff rest on a day other than Sunday.

b) Rest from Sunday noon to Monday noon.

c) Rest by rotating all staff, Necessary authorizations must be requested from the Ministry in charge of Labour.

It is permitted by law to give the weekly time off, by rotating the day off, to establishments belonging to the following categories:

1. Manufactures of foodstuffs intended for immediate consumption;

2. Hotels, restaurants, and bars,

3. Natural flower shops;

4. Hospitals, hospices, asylums, homes for retired persons, metal institutions, dispensaries, health and pharmacies,

5. Bathhouses,

6. Publishers of newspapers, information and show business, museums and exhibitions,

7. Vehicle rental firms;

8. Enterprise supplying electricity, water and power for machinery;

9. Business providing land transportation other than railroads,

10. Industries using materials that rapidly deteriorate;

11. Industries where any interruption of operations could cause the product being manufactured to spoil or deteriorate, and

12. Industries performing work for safety, sanitation, or public utility.

A parkas of the Ministry in charge of Labour shall list the type of industries Containing in categories 10 and 11, as well as other categories of establishments that are entitled to benefit from rotating the weekly time off.

A Prakas of the Ministry in charge of Labour shall determine the methods of enforcing weekly time off in factories that operate a round the clock and for specialists employed in the round-the-clock manufacturing operations.

In case of urgency that the work is immediately carried out necessarily for salvageable measure or preventing imminent accidents, or to repair damages to materials, facility installations, or buildings of the establishment, the weekly time off can be suspended for staff needed to perform the urgent work.

The right to suspend this rest shall apply not only to workers of the enterprise where the urgent work is necessary, but also to another enterprise making repairs in the interests of the first enterprise. In the second typical enterprise, each worker must be given a compensatory break equal to the missed time off, in the same way as for workers in the first typical enterprise who are normally involved in maintenance and repair.
The provision of article cannot apply to children less than eighteen years of age and to women.

Guards and caretakers in industrial and commercial establishments who cannot have their time off on Sunday must have a compensatory time off on another day of the week.

In retail food stores, the weekly break can be given from Sunday afternoon to Monday afternoon or by rotating the shift for one day break per week.

In retail stores, the weekly break can be cancelled upon authorization from the Labour Inspector if it coincides with a local holiday.

Each worker deprived of the weekly break must be given compensatory time off in the week that follows.

In enterprise where bad weather results in days off, these forced days off can be deducted from weekly breaks to a maximum of two days per month.

In seasonal industries or industries that process perishable goods or foodstuff that are sensitive to bad weather, the weekly break can be suspended as an exception upon authorization from the Labour Inspector.

A Prakas of the Ministry in charge of Labour shall list the particular industries that are include in the general categories laid out in Article 155 and 156 above, as well as the provisions for providing compensatory time off.

When the weekly break is given to the workers collectively, a legible notice indicating the days and hours of the time off must be posted in a conspicuous place.

When the weekly break is not given to the workers collectively, there must be a special list including the names of the workers subject to a particular rest schedule, and indicating this break scheme.

Newly hired workers must be added to this list after a period of six days.

The list must constantly updated and must be made available to the agents in charge of labour control for visaing it during their visits.

Any business owner, director, or manager who wants to suspend the weekly break must request authorization form the labour Inspector and, except for acts of God, must do so before the work commences.

He must explain to the Labour Inspector about the circumstances that justify the suspension of the weekly break, indicate the date and duration of the suspension, specify the number of workers to which the suspension applies, and indicate the plan for providing compensatory time off. If the Labour Inspector refuse to authorize the suspension of the weekly break

Each year, the Ministry in charge of Labour issue a Prakas determining the paid holidays for workers of all enterprises.

These paid holidays do not break off the length of service required to obtain paid annual leave, nor do they reduce this type of leave.

In case that the public holiday coincides with a Sunday, workers will have the following day off. Time off for holidays cannot be the reason for reducing monthly bi-monthly, or weekly wages.

Worker paid by the hour, the day, or by the amount produced shall be entitled to an indemnity equal to the wage lost as a result of holidays as defined in Article 161. This indemnity shall be paid by the employer.

In establishments or enterprise where work cannot be interrupted because of the nature of their activities requiring the workers to occupy with working during holidays, those workers shall be entitled to an indemnity in addition to wages for the work performed. The amount of this indemnity to be paid by the employer shall be set by a Prakas of the Ministry in charge of Labour.

Hour lost because of holidays as indicated above can be made up according to the conditions laid down in laws in effect. The made-up hours shall be considered as normal work hours.

Unless there are more favourable provisions in collective agreements or individual labor contracts, all workers are entitled to paid annual leave to be given by the employer at the rate of one and a half work days of paid leave per month of continuous service.

Any worker who has not worked for two continuous months is entitled, at the termination of his labour contract, to compensation for paid leave calculated in proportion to the amount of time he worked in the enterprise.

For jobs that are performed regularly throughout the year, a worker is considered to have met the condition of continuous service if he works an average of 21 days per month.

The length of paid leave as stated above is increased according to the seniority to workers at the rate of one day per three years of service.

Official paid holidays and sick leave are not counted as paid annual leave.

The right to used paid leave is acquired after one year of service.

If the contract is terminated or expires before the worker has acquired the right to use his paid-leave, an indemnity calculated on the basis of Article 166 above is granted to the worker.
Apart from this, any collective agreement providing compensation in lieu of paid leave, as well as any agreement renouncing or waiving the right to paid annual leave, shall be null and void.

Acceptance by the worker to defer all or part of his rights to paid leave until the termination of the contract is not considered as renunciation. Deferment of this leave cannot exceed three consecutive years and can only apply to leave exceeding twelve working days per year.

Before the worker depart on leave, the employer must pay him an allowance that is least equal to the average wage, bonuses, benefits, and indemnities, including the value of benefits in kind, but excluding reimbursement for expenses, that the worker earned during the twelve months preceding the date of departure on leave. This allowance shall in no case be less than the allowance that the worker would have received had he actually worked.

The length of continuous service set out in Article 166 must cover the entire period during which the worker has a labor contract with the employer, event if the work was suspended without a termination of the contract.

Include in the period for which the worker is entitled to paid leave each year is as follows:

- Weekly time off;

- Paid holiday;

- Sick leave;

- Maternity leave;

- annual leave and notice period; and

- special leave granted up to a maximum of seven days during any event directly affecting the worker’s immediate family.

On the contrary, special leave for personal reasons is not included when calculating the eligibility period for paid annual leave if the time off was not made up.

In principle, annual leave is normally given give for the Khmer New Year unless there is a difference agreement between the employer and the worker. In this case, the employer must inform the Labour Inspector of this arrangement.

In every case of the paid annual leave exceeding fifteen days, employers have the right to grant the remaining days-off at another time of the year, except for the leave for children and apprentices less than eighteen years of age.

The employer has the to grant his worker special leave during the event directly affecting the worker’s immediate family.

If the worker has not yet taken his annual leave, the employer can deduct the special leave from the worker’s annual leave.

If the worker has taken all his annual leave, the employer cannot deduct the Special leave from the worker’s annual leave for the next year.

Hours Lost during the special leave can be made up under the conditions set by a parkas of the Ministry in charge of Labour.

All employers and managers of establishments in which child laborers or apprentices less than eighteens years of ages or worker, must watch over their good behavior and maintain their decency before the public. All form of sexual violation (harassment) is strictly forbidden.

A Prakas of the Ministry in charge of Labour shall determine the different types of work that are hazardous or too strenuous and that shall be prohibited to children aged less than eighteen years.

The Prakas shall also establish the special condition under which minors can be employed in insalubrious or hazardous establishments where the staff is exposed to arrangements harmful to their health.

Minors less than eighteen years old cannot be employed in underground mines or quarries.

The Prakas of the Ministry in charge of Labour shall determine the special conditions of work and apprenticeship for minors aged from sixteen to less than eighteen years for underground work.

Children, employees, laborers, or apprentices aged less than eighteen years cannot be employed to perform night work in any enterprise covered in Article 1 of this law.

The Prakas of the Ministry in charge of Labour shall determine the conditions under which special dispensations can be allowed for teenagers over sixteen years of age:

a) for work performed in the industries listed below, which, because of their nature, must operate continuously day and night:

? iron and steel factories;

? glass factories;

? paper factories;

? sugar factories;

? gold ore refineries;

b) For an inevitable case that obstruct the normal operations of the establishment.

The night-time break for children of either sex must be a minimum of eleven consecutive hours.

1. The allowable age for wage employment is set at fifteen years.

2. The minimum allowable age for any kind of employment or work, which by its nature, could be hazardous to the health, the safety, or the morality of an adolescent, is eighteen years. The types of employment of work covered by this paragraph are determined by a Prakas of the Ministry in charges of Labour, in consultation with the Labour Advisory Committee.

3. Regardless of the provisions of paragraph 2 above, the Ministry in charge of Labour can, after having consulted with the Labour Advisory Committee, authorize the generation of occupation or employment for adolescents aged fifteen years and over on the condition that their health, safety, or morality is fully guaranteed and that they can receive, in the corresponding area of activity, specific and adequate instruction or vocational training.

4. Regardless of the provision of the paragraph 1above, children from twelve to fifteen years of age can be hired to do light work provided that:

a) The work is not hazardous to their health or mental and physical development.

b) The worker will not affect their regular school attendance, their participation in guidance programs or vocational training approved by a competent authority.

5. Prakas issued by the Ministry in charge of Labour in consultation with the Labour Advisory Committee will determine the types of employment and establish the working conditions, particularly the maximum number of hours of work authorized as per paragraph 4 above.

6. After having consulted with the Labour Advisory Committee, the Ministry in charge of Labour can wholly or partially exclude certain categories of occupation or employment from having to implement this article if the implementation of this article for these types of occupation or employment create considerable difficulties.

The Labor Inspector can request a physician, who is in public service, to examine children less than eighteen years of age employed in an enterprise in order to establish that their jobs are not beyond their physical capabilities. If this is the case, the Labour Inspector is empowered to demand that their job be change or that they be let out of the establishment upon the advice or examination of the physician, if their parents so protest.

All employers must keep a register of children aged less than eighteen years old, whom they employ, indicating their date of birth, This register must be submitted to the Labour Inspector for visa, observation and warning.

In orphanages and charitable institutions in which primary education is give, occupational or vocational training for children less than fourteen years old must not exceed three hours per day. A record must be kept indicating the date of birth, manual labour conditions for children, and the daily schedule i.e the assignment of hours of study, manual labour, rest, and meals.

The record must be submitted to the Labour inspector for visa. Observation and warning at the end of each year.

No un emancipated child of either six less than eighteen years old can contract to work without the consent of his guardian.

In all enterprise covered by Article 2 of this law, women shall be entitled to a maternity leave of ninety days.

After the maternity leave and during the first two months after returning to work, they are only expected to perform light work.

The employer is prohibited from laying off women in labour during their maternity leave or at a dated when the end of the notice period would fall during the maternity leave.

During the maternity leave as stipulated in the preceding article, women are entitled to half their wage, including their perquisites, paid by the employer.

Women fully reserve their rights to other benefits in kind, if any.

Any collective agreement to the contrary shall be null and void.

However, the wage benefits specified in the first paragraph of this article shall be granted only to women having a minimum of one year of uninterrupted service in the enterprise.

For one year from the date of children delivery, mothers who breast-feed their children are entitled to one hour per day during working hours to breast-feed their children. This hour may be divided into two periods of thirty minutes each, one during the morning shift and the other during the afternoon shift. The exact time of breast-feeding is to be agreed between the mother and the employer. If there is no agreement, the periods shall be at the midpoint of each work shift.

Breaks of breast feeding are separate from and shall not be deducted from normal breaks provided for in the labour law, in internal regulation of the establishment, in collective labour agreements, or in local custom for which other workers in the same category enjoy them.

Manager of enterprise employing a minimum of one hundred women or girls shall set up, within their establishments or nearby, a nursing room and a day care center.

If the company is not able to set up a day-care center on its premises for children over eighteen months of age, female workers can place their children in any day-care center and the charges shall be paid by the employer.

A Prakas of the Ministry in charge of Labour shall determine the conditions or setting up hygienic environment and supervising these nursing rooms and day-care centers.

All worker who were recruited far from the work place and whose trip to the work place was paid for by the employer are, at the expiration of the contract or during leave period, entitled to a return trip to the place of recruitment at the expense of the employer under the same conditions ad the original trip.

The same obligation applies to the employer if there is a lay-off as a result of a work stoppage, the closing of enterprise or an individual dismissal. If the reason for the dismissal is a serious misconduct on the part on the part of the worker, the employer must reimburse traveling expenses only in proportion to the period the worker has worked in the enterprise.

ARTICLE 189
The worker whose services were terminated under the conditions specified above can demand a return expense from his former employer only within a maximum of one year from the day he stopped working for the employer.

A Parkas of the Ministry in charge of Labour shall determine the procedure for implementation of this Section.