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Cambodian Legal Update: Labor Law – Foreign Worker Work Permit Inspections

Cambodian Legal Update: Labor Law – Foreign Worker Work Permit Inspections

February 23, 2018

As part of ongoing efforts to strictly enforce work permit requirements, following a notice from the Office of the Council of Ministers, the Ministry of Interior (“MOI”) and the Ministry of Labor and Vocational Training (“MLVT”) issued a joint Prakas (No. 719 Br.K) dated 19 February 2018 (“Joint Prakas 719”) on the enforcement of foreign workforce inspections.

According to Joint Prakas 719, a joint inspection team from the MOI and the MLVT may conduct inspections, with or without notice, in relation to the work permits of foreign workers. In addition, as part of the inspection, the team may issue a written instruction to employers giving them one month to obtain the proper work permits.

The original documents that are subject to inspection include, among others:

  • Declaration of employees
  • Declaration of staff movement in and out
  • Quota approval to employ foreign workers
  • Each foreigner’s employment contract in Khmer, as approved by the MLVT
  • Each foreigner’s passport (both original and copies)
  • Each foreigner’s entry visa and the latest visa extension authorizing employment
  • Each foreigner’s work permit and employment card

All employers employing foreigners without proper work permits may be subject to a fine and punishment according to the Labor Law and the Law on Immigration, which includes possible expulsion of the foreign employee from the country.

To avoid penalty risk or more serious punishment, we urge all employers to obtain work permits for all of their foreign workers.

If you have any questions, or would like us to assist with this process, please contact me ([email protected]) or Mr. Alex Larkin ([email protected]).

VDB Loi is a network of leading law and tax advisory firms with offices in Cambodia, Indonesia, Laos, Myanmar and Vietnam. We provide the highest quality solutions for transactions and taxation. Our general areas of practice are corporate, finance, licensing and disputes. Our principal specialized areas of practice are energy, infrastructure, real estate and construction, telecom, and taxation.

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Leung

Leung Seng | Senior Associate
M:  +855 10 333 530/92 864 322
W: www.vdb-loi.com
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Sangkat Tonle Bassac, Khan Chamkarmorn
Phnom Penh 120101
Cambodia

AUTHOR

Leung has over 15 years of experience advising both local enterprises and multinational corporations on banking, finance, M&A, employment, and insurance matters. He has assisted numerous clients in the financial, telecommunications and transportation industries with their M&A legal due diligence. He is particularly known for his deep knowledge of investment licensing, corporate law, commercial contracts and labor law.


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