Ricky Shaw wrote:Bullshit. E Visa is an ordinary visa.

beaker wrote:The police were at my home yesterday doing the annual check of passport and visas not a word about a work permit

Jaap N. wrote:

beaker wrote:The police were at my home yesterday doing the annual check of passport and visas not a word about a work permit

Never, ever had police come around our place to check anything. Yet.

vladimir wrote:Finally, some decent information, one co-author is working at Sciaroni and Partners, if anybody knows, they do.

http://b2b-cambodia.com/articles/work-p ... oreigners/

FOREIGNER WORK PERMITS AND EMPLOYMENT CARDS
september 9, 2015
By Adolfo Perez-Gascon (B2B Cambodia), and Sophal Yun (Sciaroni & Associates), Head of Labor Practice Group

There has been considerable recent public speculation with regards to the enforcement of work permit requirements relating to foreigners employed in Cambodia. Acknowledging the lack of clarity and issuance/publication of official guidance on the topic, Ms. Sophal Yun, head of Sciaroni & Associates’ Labor Practice Group, highlights the key information that each foreign worker in Cambodia (current and prospective) should be aware of with respect to both work permits and the equally important yet, often overlooked, requirement of employment cards.

The Legal Framework

The Labor Law (1997), is the overarching law governing employment relationships within the territory of Cambodia. Articles 261 and 262 of the Labor Law directly address work permit and employment card requirements relating to foreigners. According to senior officials at the General Department of Immigration and the General Department of Labor, enforcement efforts by these authorities are currently focused on foreigners holding either an E visa (otherwise known as a “business visa” or “normal visa”) or a K visa (otherwise known as a “special visa”), as opposed to holders of a B visa (otherwise known as an “official visa”) and holders of a C visa (otherwise known as a “courtesy visa”).

What are Work Permits and Employment Cards?

This question is commonly asked by foreigners working in Cambodia, as many foreign employees have never laid eyes on either of these two documents. Given the recent crackdown by the labor and immigration authorities on non-compliance with the provisions of Articles 261 and 262 of the Labor Law, many foreign employees are anxious with respect to whether they and/or their employer are compliant with the Labor Law and the consequences of such non-compliance, as discussed below.

A work permit and an employment card are two separate documents, however, they are applied for in a single application submitted to the labor authorities. A work permit, similar to an ID card, provides official approval by the labor authorities that allows the foreign individual identified on the work permit to legally work in Cambodia. An employment card is a separate booklet, similar in appearance to a passport, and is used for the purpose of recording the employment history of a foreign worker. It should include information relating to the commencement and termination of any period of employment undertaken by the individual in Cambodia.

The application for a work permit and employment card may be made at any time, however, a foreign employee quota approval, as discussed below, is required as one of several supporting documents to the issuance of a work permit and employment card to a foreign employee. Work permits and employment cards must be annually renewed before the end of March each year.

Foreign Employee Quota

For any enterprise captured under the Labor Law, the total amount of foreigner workers it employs cannot exceed 10% of the overall number of local staff. An application for “foreign quota approval” from the Ministry of Labor is generally submitted between the 1st of September and the 30th of November each year, prior to the following hiring year.

We note that the Minister of Labor may approve a request to exceed the above-mentioned 10% limit, at its discretion, if the enterprise requires employees with specific skills which are currently unavailable in Cambodia.

Legal Responsibility and Sanctions

It is the responsibility of an employer to assist each of its foreign employees to request and secure a work permit and an employment card.

Under Cambodian law, both the employer and the employee are liable to be sanctioned for failing to comply with the abovementioned work permit and employment card requirements. In July 2014, a joint Prakas between the Ministry of Labor and the Ministry of Interior was issued to establish the Joint Inspection Team whose purpose it is to carry out inspections nationwide with respect to the compliance of enterprises employing foreigners. The Joint Inspection Team is comprised of officials from the General Department of Immigration and the General Department of Labor.

According to the Labor Law, an employer that hires a foreigner without an employment card may face the following sanctions for non-compliance:

an approximate fine of between USD 122 to USD 180 (noting that it is unclear whether this fine must be paid for each non-compliant individual staff member or applied as a single fine for all non-compliant staff); and
imprisonment from between one to three months for subsequent non-compliance.
We are not aware of any cases where the labor authorities have enforced the above sanctions against employers. Nonetheless, employees are not exonerated from personal responsibility. During an inspection by the Joint Inspection Team, an employee may face a fine of approximately USD 125 if the Joint Inspection Team finds that such foreign employee does not possess a valid work permit. Such fine is made in accordance with the Prakas on the Provision of Public Services of the Ministry of Interior issued in March 2015.

Finally, we note that a foreigner working in Cambodia without a valid work permit is, under Cambodian law, liable for deportation. While uncommon in practice, there have been limited cases where such action was taken by the authorities.

Retroactive Payments upon Application for a Work Permit and Employment Card

Pursuant to current practice, at the time of an application for a foreign work permit and employment card, the Ministry of Labor will impose retroactive payments (tax fees) for each past year that the foreign individual is found to have undertaken employment in Cambodia without a valid work permit and employment card. We note that the existence of multiple business visas in an individual’s passport (in the absence of the individual ever holding a work permit or employee card) may be used to evidence non-compliance and a retroactive payment (tax fees) of approximately USD 100 will be imposed for each year that the individual is found to have been working without a valid work permit and employee card.

E Visa Extensions

It has come to our attention that, as a matter of practice, if you attend the General Department of Immigration to extend your E visa and you do not have a valid work permit, the handling officer may caution you that your E visa may not be extended the following time unless you possess a valid a work permit and employment card. However, at present, we are not aware of any extensions being denied on this ground.

Preparing for Labor Inspections

If you manage or own a company employing foreign staff and you receive a visit by the Joint Inspection Team, these are the documents that you must have in order:

A declaration of personnel;
A declaration of movement of staff (history of employee hires and terminations);
Registration of employment contracts of each foreign staff;
Foreign quota approval;
Valid passports and appropriate visas for each foreign employee; and
Work permits and employment cards for each foreign employee, and entry-exit notations, if applicable.
We note that foreign employees of an enterprise may be required to present themselves during a visit by the Joint Inspection Team.

Independent Contractors, Volunteers and the Unemployed

While the Labor Law does not specifically refer to independent contractors or freelancers as requiring a work permit and employment card, in practice, it is the position of the Ministry of Labor that such individuals are required to do so for the purposes of the Labor Law. The enforcement of work permit and employment card requirements with respect to retirees and volunteers, however, remains unclear. As noted above, given that the current enforcement focus of the authorities remains on E and K visa holders, it is possible that the immigration and/or labor authorities may require retirees or volunteers holding E visas to present work permits and employment cards. In such circumstances, a volunteer or retiree holding an E visa may attempt to convince the labor and/or immigration authorities that they do not fall under the scope of the Labor Law by evidencing that they are not employed or working in Cambodia despite holding an E visa.


Potential New E Visas

We have received information from the authorities that the introduction of different types of E visas is being actively considered. For the time being, however, we are not aware as to which type of any proposed new E visa is intended to be exempt from the current work permit and employment card requirements or, furthermore, as to which types of individuals such new visas are intended to apply to.

Kampong Spooner wrote:

vladimir wrote:The difference is that this is from the best-informed barang in the country, not from some clown, and by putting their name to it, there is some credibility at stake.

I would explain further, but I'm tired of this shit. Like it or trash it, I don't care.

But...but...but....but...but...but....Lawyers.

vladimir wrote:

Kampong Spooner wrote:

vladimir wrote:The difference is that this is from the best-informed barang in the country, not from some clown, and by putting their name to it, there is some credibility at stake.

I would explain further, but I'm tired of this shit. Like it or trash it, I don't care.

But...but...but....but...but...but....Lawyers.

Kampong Gooner, your inability to remember what I post/ your selective memory is well-known.

There are good lawyers, and bad lawyers. Good wealthy people, and bad wealthy people.

Most Grade 1 students have no problem with this concept.

I suggest you repeat the Grade.

vladimir wrote:

Kampong Spooner wrote:

vladimir wrote:The difference is that this is from the best-informed barang in the country, not from some clown, and by putting their name to it, there is some credibility at stake.

I would explain further, but I'm tired of this shit. Like it or trash it, I don't care.

But...but...but....but...but...but....Lawyers.

Kampong Gooner, your inability to remember what I post/ your selective memory is well-known.

There are good lawyers, and bad lawyers. Good wealthy people, and bad wealthy people.

Most Grade 1 students have no problem with this concept.

I suggest you repeat the Grade.