Week1b Chapter2_Legal_Foundations _Overview_BUS620.pptx
- 1. Chapter 2: Legal Foundations for R &S in Cambodia BUS 620
- 2. Overview Title: Legal Foundations for R&S in Cambodia (Part 1) • Focus: Cambodian Labor Law • Key Topics: Types of employment contracts Legal hiring practices Guidelines for job advertisements Anti-discrimination and equal opportunity principles
- 3. Cambodian Labor Law – Overview The Labor Law of Cambodia (1997, updated) governs employment relationships. Enforced by: Ministry of Labour and Vocational Training (MoLVT) Applicable to: All employees and employers in Cambodia Covers: Contracts, hiring, working conditions, termination, and worker protections
- 4. Types of Employment Contracts 1. Fixed Duration Contract (FDC) Limited to maximum 2 years, renewable once Automatically becomes UDC if extended beyond 2 years Must be in writing
- 5. Types of Employment Contracts 2. Unfixed Duration Contract (UDC) Open-ended with no expiry date Greater protection for employees (notice period, severance) Can begin after FDC expires or with direct hire
- 6. Contractual Obligations and Protections • Written contracts must include: Job title and responsibilities || Wage and benefits || Duration (if FDC) || Working hours • Employers must register contracts with the MoLVT for foreign employees • Workers under 18 have special protections
- 7. Legal Protections for Minors: • Minimum Working Age: Must be at least 15 to be employed. • Light Work Exception: Children aged 12 to 15 may perform light work that: Does not harm health or development Does not interfere with schooling
- 8. Legal Protections for Minors: • Prohibited Work: No employment in hazardous conditions No night shifts/overtime No work that may affect morals or safety
- 9. Legal Protections for Minors: • Documentation Required: Parental/guardian consent Health certificate required for employment registration • Monitoring: Employers required-register underage workers with the MoLVT
- 10. Legal Hiring Practices • Must comply with: Labor Law (Articles 261–270) Equal opportunity & non-discrimination clauses • Employers must not charge applicants fees • Mandatory use of standard forms for job offers and contracts
- 11. The phrase "Mandatory use of standard forms for job offers and contracts" means: Employers in Cambodia are legally required to use official, pre-approved templates or formats when issuing job offers or employment contracts, especially for certain categories like Fixed Duration Contracts (FDCs) and foreign workers.
- 12. The phrase "Mandatory use of standard forms for job offers and contracts" means: Employers in Cambodia are legally required to use official, pre-approved templates or formats when issuing job offers or employment contracts, especially for certain categories like Fixed Duration Contracts (FDCs) and foreign workers.
- 13. What it means in practice: Standardized Formats Required: • The Ministry of Labour and Vocational Training (MoLVT) provides official standard forms for employment contracts and job offers. • These forms typically include predefined sections covering job title, responsibilities, duration, wages, benefits and working hours.
- 14. What it means in practice: Legal Registration Compliance: For certain cases (e.g., hiring foreign employees or registering FDCs), using these forms is a legal prerequisite for submission and approval by MoLVT.
- 15. What it means in practice: Why required: To ensure transparency, consistency and compliance with labor laws To protect both employers and employees by clearly defining employment terms in a government-recognized format
- 16. Job Advertisements – Legal Requirements • Must clearly describe: Role, responsibilities, qualifications Company name and contact Contract type and duration (if FDC) • Prohibited content: Gender, age, marital status, religion, ethnicity unless job-specific Discriminatory phrases (“only single women” or “prefer men”)
- 17. Prohibited Discrimination in Hiring • Cambodian Labor Law prohibits discrimination based on: Race, color, sex, religion, political opinion, union affiliation • Employers may be penalized for: Biased selection practices Unequal treatment in recruitment, promotion & training • Violations can lead to legal penalties & reputational damage
- 18. Legal vs. Illegal Job Ad ❌ Illegal Ad: "Looking for young female sales assistants under 25; single preferred.“ ✅ Legal Ad: "We are hiring Sales Assistants. Applicants should have customer service experience and basic English proficiency."
- 19. Role of MoLVT in Recruitment Oversight • MoLVT requires: Reporting of foreign hires Registration of FDCs Periodic inspections for compliance • Companies must comply with prakas (ministerial orders) on R&S processes
- 20. Summary and Reflection • Contracts must be legally compliant and fair • Job ads must promote equal opportunity • Avoid all forms of discriminatory language • Stay updated with MoLVT regulations & guidance