Annual leave for Cambodians

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Mishmash
Expatriate
Posts: 1949
Joined: Tue Nov 14, 2017 7:34 pm
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Cambodia

Re: Annual leave for Cambodians

Post by Mishmash » Fri Oct 11, 2019 9:50 am

clutchcargo wrote:
Fri Oct 11, 2019 5:36 am
Mishmash wrote:
Thu Oct 10, 2019 10:16 pm
GMJS-CEO wrote:
Thu Oct 10, 2019 9:32 pm
clutchcargo wrote:
Thu Oct 10, 2019 7:52 pm
GMJS-CEO wrote:
Wed Oct 09, 2019 10:56 pm
If they meet the conditions and are not given leave they can go report it to the MOL.
Likely consequences of doing that with their employer in Cambodia?
I’ve seen results from things reported to the MOL previously. People showed up at the place of business and things were sorted.

No guarantees of course here in Cambodia.
No one wants the MOL on their backs - they are serious dudes.

Best to keep things sweet and follow the labor law - it's a simple document anybody can understand, both employers and employees.

The main problems are owners suddenly shutting shop and running away with the dough.
I was wondering what might be the consequences for the staff that reports it to the MOL? I gather the way is to do so anonymously and hopefully MOL will protect that. Nevertheless, seems to me the employer is gonna put two and two together and think one of the staff dobbed them in. And in the case of one or a few employees, they might just sack them as a reward.. I mean if the employer is already unscrupulous for not paying annual leave, what's stopping them do so? Take it back to MOL and complain and then they reinstate you and the boss hates you and gives you a hard time?
I can only hazard a guess because all our employees are treated more than the Labor Laws, although they do job-hop for a few bucks more elsewhere or a promotion, which we cannot offer.

Most foreign employers and business owners - on here - would stick to the Law in my opinion and I haven't seen any examples of them not following the Law or being unfair to their workers - it's just not good business sense.

The MOL have intervened in several cases as per the news reports (such as the recent Casino dispute)

The Labor Law (articles 73 to 95) covers terminations and unfair dismissals

In short, except for proven allegations of misconduct, fraud, theft etc on the part of the employee, the employer would have to pay wages & benefits accrued, severance pay (5%), allow 10 to 15 days to find new work (paid) plus 2 days per week to attend interviews.

If dismissed for no reason (except reporting to the MOL) damages become applicable with the amount specified by the courts.

it's not worth going down that path.
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