Female workers are entitled to maternity leave of 90 days. (Article 182, Labor Law) This period of 90 days for maternity leave refers to the calendar days that include Sunday and public holidays. (Arbitration Council Cases No. 23/08 and 25/08). Moreover, during the said maternity leave,the workers are entitled to half of their wage, including their perquisites,paid by the employer. Workers fully reserve their rights to other benefits in kind, if any. Any collective agreement to the contrary is void. However, the wage and benefits are granted only workers having minimum of one year of uninterrupted service in the enterprise. (Article 183, Labor Law)
Articles182 and 183 of the Labor Law do not regulate when employers have to provide these wage and other benefits to the workers. There are several cases that dispute over the time of payment this money. Article 115, paragraph 3 of the Labor Law provides that payment must not be made on a day-off and if pay day falls on such a day-off, the payment of wages shall be made a day earlier. Under Article 103 of the Labor Law, amount of money paid by the employer to the workers during maternity leave is also part of wage. Based on Article 115 and Article 103 of the Labor Law, the arbitration council rules that female workers are entitled to receive amount of money for maternity leave at least one day before they start having the maternity leave. (Arbitration Council Cases No. 139/08; 27/12; 91/15; 203/16; and 26/17).
The employer must pay female workers taking maternity leave an amount at least equal to half of their wage, including half the seniority and attendance bonus. (Arbitration Council Case No. 68/04). Calculation of payment during maternity leave is done by the worker’s total remuneration (including wages, bonuses and all other benefits) during the 12 months preceding maternity leave, divided by 12, in order to find the monthly average which will be then be divided by 2. (Arbitration Council Cases No. 66/06 and 96/06)
2 thoughts on “Wage during Maternity Leave in Cambodia”
I have a question about when does the date of maternity leave start. My employer said it starts exactly the day the baby is born, meaning I cannot take leave 1 or 2 weeks before delivery date. Furthermore, my due date is the same day that we start a 16 day paid leave for everyone in the whole company. So I will lose that benefit because the 16 days are counted in my maternity leave, and I will only get half salary. Is this legal? Can I meet with lawyer to dispute my case?
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