ILAW CAMBODIA LAW OFFICE | View firm profile
Overview:
The Cambodian Labor Law, enacted on March 13, 1997, and amended in 2007, 2018, and 2021,requires foreign workers to obtain a work permit and employment card from the Ministry of Labour and Vocational Training (MLVT). On August 20, 2014, MLVT issued Prakas No. 196 on foreign labor employment, followed by Notification No. 022/24 ក.ប/ស.ជ.ណ.ម.ហ, on August 12, 2024, detailing the procedures for employing foreign workers. This notification reminds companies and foreign individuals to comply with labor regulations in Cambodia.
Key Provisions:
1.The Procedure for Enterprise Establishment:
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- Firstly, the enterprise shall apply for a letter permit of employment for foreigner labour from the Ministry of Labour and Vocational Training, not more than 10% of the total number of Cambodian workers.
- Secondly, registration of employment contract.
- Lastly, apply for a foreigner work permit and foreigner employment card.
2. The Procedure for Foreigners:
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- Firstly, the foreigner shall request the owner or director of the enterprise to present a letter permit of employment for foreigner labour issued by the Ministry of Labour and Vocational Training
- Secondly, the foreigner shall sign an employment contract with the owner or director of the enterprise establishment.
- Lastly, apply for a foreigner work permit and foreigner employment card.
3. Documents require
Submit the application on www.fwcms.mlvt.gov.kh with a passport, recent patent tax certificate, health checkup certificate, and a 4×6 cm photo.
4. Penalty
Failure to apply for a work permit for the year 2025 within the deadline shall result in factories and enterprises being subject to a penalty of KHR 12,600,000 (about USD3,150) per person, in accordance with the No.106 in Annex 1of PraKas of Inter-Ministerial No. 498 dated 31 July 2023 on the Monetary Fine for those who Violate the Labour Law.
Conclusion:
In conclusion, the Cambodian Labor Law mandates that foreign workers obtain a work permit and employment card from the Ministry of Labour and Vocational Training (MLVT). The law outlines clear procedures for both employers and foreign workers, including documentation requirements and penalties for non-compliance, which may reach KHR 12,600,000 (approximately USD 3,150) per worker in 2025.
Once a foreigner obtains a work permit and employment card, a foreigner can apply for a work visa either at a Cambodian embassy abroad, online via www.evisa.gov.kh, or at Cambodia’s international borders. These regulations ensure adherence to labour standards and facilitate the integration of foreign labour in Cambodia.
Authors: Vicheka Lay and Hort Lypheng