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KINGDOM OF CAMBODIA
Nation - Religion - King |
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Ministry of Social Affairs,
Labor
Vocational Training and
Youth Rehabilitation
No: 243 |
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| Phnom Penh, 10 September
2002 |
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PRAKAS
ON
NOTIFICATION FOR OCCUPATIONAL ACCIDENTS, FORMULA
FOR COMPENSATION AND RATIO OF LOSS OF WORKING CAPACITY |
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| The Minister of
Social Affairs, Labor And Vocational Training and
Youth Rehabilitation |
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Seen the Constitution
of the Kingdom of Cambodia |
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Seen the Royal Decree No.
1198/72, dated 30 November 1998 on the appointment
of the |
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Royal Government. |
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Seen the Law on the Organization
and Functioning of the Cabinet promulgated
by the Royal |
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Kram No. 02/ 94, dated 20
July 1994 |
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Seen the Labor Law promulgated
by the Royal Kram No.0397/01, dated 13 March
1997 |
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Seen the Royal Decree No.
0699/06, dated 17 June 1999 on the establishment
of the Ministry |
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of Social Affairs, Labor
And Vocational Training and Youth Rehabilitation. |
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Seen Sub-Decree No. 87,
Dated 04 October 1999 on the Organization
and Functioning of the |
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Ministry of Social Affairs,
Labor And Vocational Training and Youth Rehabilitation. |
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| Article :
1 |
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Owners or directors
of enterprises and establishments of industry,
mining, commerce, crafts, agriculture, services,
land or water, transportation, be they public,
semi-public or private, non-religious or religious,
of professional education or charitable characteristics
as well as the liberal profession of associations
or groups of any kind shall notify in writing
any work-related accident (occupational accident)
to the Department of Social Security, Ministry
of Social Affairs, Labor And Vocational Training
and Youth Rehabilitation if the enterprise
concerned is located in Phnom Penh. If the
enterprise is located outside Phnom Penh,
it shall report in writing to the Provincial
or Municipal Inspectorate of Social Affairs,
Labor And Vocational Training and Youth Rehabilitation,
where the enterprise is located. |
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| Article :
2 |
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The notice of occupational accidents shall
be sent either by registered mail or by personal
delivery with acknowledged receipt "Received" within 48 hours the latest excluding days-off
or holidays.
The model format of notice of occupational
accidents is provided in ANNEX 1 of this Prakas.
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| Article :
3 |
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Workers who
incur occupational accidents shall also have
the obligation to notify their employer or
his/her legitimate representative within 24
hours after the occurrence of the accident.
This obligation, however, may be exempted
in case of God Act or complete inability to
notify or other appropriate grounds.
The written notification sent by the workers'
representative, team leader, and workers to
the employer shall be copied for the Department
of Social Security or Provincial Offices or
Municipal Offices of Social Affairs, Labor
And Vocational Training and Youth Rehabilitation.
The notification may be done by registered
mail in case of inability to notify directly
on the spot such as in accidents during journey,
which is specified by law as occupational
accidents, and accidents during local or overseas
mission undertaking |
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| Article :
4 |
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Accidents occurring
to workers or paid or non-paid apprentices
in whatever capacity at whatever location
by whatever causes while performing their
duty, whether or not they are the result of
the workers' fault, shall be regarded as work-related
accidents.
In addition, accidents, which occur to workers
during their journey from home to work, or
from work to receive their wages and their
return, without detour to other places for
personal interests or to places not required
by the work, shall also be regarded as occupational
accidents.
Vocational illnesses as specified in the law
shall be regarded as occupational accidents. |
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| Article :
5 |
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In the event
of accident occurrence, employer or owner
of enterprise, the Department of Social
Security, Provincial and Municipal Inspectorate
of Social Work, Labor, Vocational Training
and Youth Rehabilitation shall have the
following immediate responsibilities:
A. Employer or Owner of Enterprise
- Immediately provide first aid to victims
by all means;
- Notify the competent Ministries;
- Keep the place intact "for serious
accidents or fatal accidents";
- Write a report for record provided there
is a need to change the original place
- Provide sufficient relevant documents
to investigation committee;
- Provide facilitation for the accident
witness so that the witness can report to
the investigation committee;
- Be responsible for all investigation costs
on technical analysis;
- Properly exercise the measures recorded
in the report;
B. Social Security Department
- Immediately notify the Department of Labor
Medicine and the Department of Labor Inspection
to request for their respective competent
officials to take part in accident investigation;
- Conduct investigation on the spot as soon
as possible;
- Request for technical assistance in case
the accident has much technical complication;
C. Provincial and Municipal Inspectorates
- Conduct investigation on the spot as soon
as possible;
- Request for technical assistance in case
the accident has much technical complication;
- Upon receiving notification about serious
or fatal accidents, immediately notify the
Department of Social Security within 72
hours at the latest.
When conducting every investigation, the
officials shall write a report, determining
whether or not it is a occupational accident,
the cause of accident and the strategies
to prevent the accident from happening again.
A model of report format is provided in
Annex 2 of this Prakas. Models of semester
and annual report on occupational accidents
are provided in Annex 3 and 4 of this Prakas.
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| Article :
6 |
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While the National Funds for Social Security
is yet to be established, owners or directors
of establishments specified in Article 1
of this Prakas shall have the obligations
to provide occupational accident allowances
in addition to the first aid expenses. The
allowances include:
- medical care and hospitalization coverage
- daily allowances
- annuity
- costs for funerals and annuity for the
victim's dependents
For traffic accidents characterized as
work-related accidents, the indemnity covered
by the third party, i.e. the party that
caused accidents shall also be considered
as occupational accident allowances. The
employer has the right to sue the third
party for these allowances provided he/she
has already paid the allowances to the victim.
Despite this provision, the employer shall
be responsible for these allowances, i.e.
he/she shall first provide allowances to
the victim before dealing with the third
party.
The victim has the privilege to demand
for his/her allowances in case the court
declares the enterprise bankrupt.
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| Article :
7 |
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Hospitalization
coverage and medical care for the victim
both during hospitalization or during his/her
relapse period and other after-recovery
allowances are the responsibility of the
employer towards the victim of occupational
accident which, after official certification
by a physician and approved by MOSALVY,
caused him/her, partially or wholly, temporary
or permanent disability. The healthcare
allowances are specified below:
- Allowances for medical, surgical, and
dental care, X ray or echography analysis,
laboratory analysis and other analysis required
by physicians;
- Allowances for expenses on medication
and treatment-related secondary utilization;
- Allowances for a caretaker at a clinic
or anywhere considered as a health care
clinic;
- Supplies, repair of artificial limb and
prosthetic facilities such as walking stick,
handicap cart;
- Costs for transporting the victim to hospital
or to his/her residence;
- Costs for the victim's rehabilitation
Despite the above specifications, the victim
shall have the right to receive better benefits.
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