Annual leave for Cambodians

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ned kelly
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Annual leave for Cambodians

Post by ned kelly »

I have two questions about leave for full time Cambodian employees.

1) Are they entitled to annual leave.

2] If they are entltled to annual leave,is it paid leave or unpaid?

The employee in question works in a restaurant on a full time basis.

Thanks in advance.
Mishmash
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Re: Annual leave for Cambodians

Post by Mishmash »

In short - paid leave

Given after a year of service (but sometimes allowed by agreement if Khmer new year falls before the stipulated 12 months service and then deducted from the annual leave).

Early contract termination is by indemnity payments

You can download the English version of the Labor Law here - it should be available for the employees at the workplace

https://www.ilo.org/dyn/travail/docs/701/labour.

Note:- Article 166 say two months continuous service - this should read 12 months IIRC

Article 166:
Unless there are more favorable 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 labor contract,
to compensation for paid leave calculated in proportion to the amount of time he worked in the enterprise.

For jobs that are not 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 of 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.

Article 167:
The right to use 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 place 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.

Article 168:
Before the worker departs on leave, the employer must pay him an allowance that is at 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.

Article 169:
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, even if the work was suspended without a termination of the contract.
Included in the period for which the worker is entitled to paid leave each year is as follows:
! weekly time off;
! paid holidays;
! sick leave;
! maternity leave;
! annual leave and notice period;
! 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.

Article 170:
In principle, annual leave is normally given for the Khmer New Year unless there is a different agreement
between the employer and the worker. In this case, the employer must inform the Labor 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.
Last edited by Mishmash on Wed Oct 09, 2019 11:01 pm, edited 1 time in total.
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GMJS-CEO
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Re: Annual leave for Cambodians

Post by GMJS-CEO »

If they meet the conditions and are not given leave they can go report it to the MOL.
Bibi
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Re: Annual leave for Cambodians

Post by Bibi »

18 days of annual leaves, paid, in addition to public holidays
ned kelly
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Re: Annual leave for Cambodians

Post by ned kelly »

Thanks for the info above.
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clutchcargo
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Re: Annual leave for Cambodians

Post by clutchcargo »

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?
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GMJS-CEO
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Re: Annual leave for Cambodians

Post by GMJS-CEO »

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.
Element6
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Re: Annual leave for Cambodians

Post by Element6 »

Bibi wrote: Thu Oct 10, 2019 7:33 am 18 days of annual leaves, paid, in addition to public holidays

This for full time employees plus an additional day for every 5 years of service.

if a national holiday falls on a Saturday (if it is a non working day) or rest day if on rotation then a compensation day should be given
Mishmash
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Re: Annual leave for Cambodians

Post by Mishmash »

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.
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clutchcargo
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Re: Annual leave for Cambodians

Post by clutchcargo »

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?
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