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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| 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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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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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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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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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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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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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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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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