Labour Law of 13 March 1997, English [‎pdf - International Labour ...

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Kram March 13, 1997 Labor Code Article 258: PLACEMENT AND RECRUITMENT OF WORKERS Section 1 Placement Any person looking for employment can request to be registered with the Placement Office of the Ministry in Charge of Labor or with the Employment Office of his province or municipality. All employers are required to notify the Placement Office of the Ministry in Charge of Labor or the provincial or municipal Employment Office of any vacancies in his enterprise or any new need for personnel. An employer can directly recruit workers for his enterprise, but he must meet the requirement mentioned in Article 21 of this law. Article 259: No employer is required to accept a worker who has been referred to him by the Placement Office. The priority for accepting certain categories of workers will be determined by special provisions and regulations. Article 260: Personnel of a Placement Office are prohibited from demanding or accepting any payment whatsoever for the placement of a worker. Article 261: Section 2 Employment of foreign labor No foreigner can work unless he possesses a work permit and an employment card issued by the Ministry in Charge of Labor. These foreigners must also meet the following conditions : Employers must beforehand have a legal work permit to work in the Kingdom of Cambodia; These foreigners must have legally entered the Kingdom of Cambodia; These foreigners must possess a valid passport; These foreigners must possess a valid residency permit; These foreigners must be fit for their job and have no contagious diseases. These conditions must be determined by a Prakas (ministerial order) from the Ministry of Health with the approval of the Ministry in Charge of Labor. The work permit is valid for one year and may be extended as long as the validity of extension does not exceed the fixed period in the residency permit of the person in question. Article 262: The Ministry in Charge of Labor can revoke a work permit in the following cases : Page 46 of 68 When the holder does not fulfil one of the conditions laid in paragraph 2 – point a), b), c), d), and e) of Article 161 above. When the job to be extended by the holder in the Kingdom of Cambodia is competing with Cambodian job seekers in the country. This revocation is carried out upon the expiration of the work permit that may be re-issued or extended in favor http://www.bigpond.com.kh/Council_of_Jurists/Travail/trv001g.htm 28/01/2011
Kram March 13, 1997 Labor Code When the holder is unemployed for more than one month or is hired by another employer. The Ministry in Charge of Labor shall issue a Prakas for the issuance of work permits and employment cards to foreign workers. A joint Prakas of the Ministry in Charge of Labor and the Ministry of Economic and Finance shall set the rate of fee for issuing such work permits and employment cards. Article 263: Enterprises of any kind and professionals such as lawyers, bailiffs, and notaries who need to recruit staff to work in their profession must appeal to Cambodian as a first priority. Article 264: Notwithstanding the provisions of Article 261 above, the maximum percentage of foreigners who can be allowed to employ in each of the enterprises covered by Article 263 above shall be determined by a Prakas (ministerial order) of the Ministry in Charge of Labor based on each of the categories of personnel as follows : Office personnel. Specialized personnel. Non-specialized personnel. Each enterprise is required to justify, during the entirety of its existence, that each of the three categories of personnel specified above include at least the minimum percentage of workers of Cambodian nationals as already provided. Article 265: In exceptional cases, in order to allow the employment of specialist indispensable to the operation of the enterprise, the percentage of foreigners can be exceeded the above limit with the authorization of the Minister in Charge of Labor at the suggestion or proposal of the Labor Inspector. Article 266: CHAPTER XI TRADE UNION FREEDOM AND WORKER REPRESENTATION IN THE ENTERPRISE Section 1 The right to form a trade union Workers and employers have, without distinction whatsoever and prior authorization, the right to form professional organizations of their own choice for the exclusive purpose of studying, promoting the interests, and protecting the rights, as well as the moral and material interests, both collectively and individually, of the persons covered by the organization's statutes. Professional organizations of workers are called "workers' unions". Professional organizations of employers are called "employers' associations". For the purposes of this law, trade unions or associations that include both employers and workers are forbidden. http://www.bigpond.com.kh/Council_of_Jurists/Travail/trv001g.htm Page 47 of 68 28/01/2011
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