In the Civil Code of Cambodia, there are 3 types of contracts through which one of the parties provides labor or service to the other party. They are employment contract, mandate, and work contract. Employment contract is different from others due to the ground that worker performs its obligations under the supervision and direction of the employer. This article briefly discusses on the employer’s right to supervise and direct the worker.
The employer’s right to supervise and direct worker is stipulated in Article 2 and Article 3 of the Labor Law. For example, Article 2 (second paragraph) reads “Every enterprise may consist of several establishments, each employing a group of people working together in a defined place such as in factory, workshop, work site, etc., under the supervision and direction of the employer.” Article 3 reads “ “Workers”, in the sense of this law, are every person of all sex and nationality, who has signed an employment contract in return for remuneration, under the direction and management of another person, whether that person is a natural person or legal entity, public or private…”
Accordingly, in order to judge whether a contract is employment contract, it is important to prove the subordination of a party to the other party. How can we determine such relationship? This judgment totally depends on the examination of the concrete case or relationship between the the parties. The Arbitration Council when resolving dispute over the employment contract uses the following elements to determine the employer’s right to supervise and direct the worker (case 154/09):
2. Wage determination;
3. Determination of working hours;
4. Determination of day-off;
5. Determination of mistake and disciplinary actions; and
6. Determination of contract termination.
If a party has the right to decide the above matters for the other party, it is said that such party (known as employer) has right to supervise and direct the other party (known as worker). Hence, such relationship falls under the employment contract.