Resignation refers to the unilateral termination of an employment contract by the worker. The term “resignation” is mostly used for termination of employment relation under an indefinite employment contract. What are the rules for resignation in Cambodia? This text briefly discusses those rules. In cases where it is not specified, the referenced article is an article of the Cambodia Labor Law.
1. Obligation to serve prior notice
Article 74, paragraph 1 of the Labor Law states that an employment contract of indefinite duration may be terminated at the will of one party. The termination of this contract must be carried out in the manner of prior written notice which the party wishing to terminate the contract must give to the other party. Therefore, worker who wishes to resign must notify the employer in advance, and this notice must be made in writing.
The duration of the prior notice must not be less than the minimum duration prescribed by the Labor Law. Article 75 stipulates that the minimum notice period must be set as follows:
- 7 days if the worker has been working in the enterprise for less than 6 months;
- 15 days if the worker has been working in the enterprise for 6 months to 2 years;
- 1 month if the worker has been working in the enterprise for more than 2 years up to 5 years;
- 2 months if the worker has been working in the enterprise for more than 5 years to 10 years;
- 3 months if the worker has been working in the enterprise for more than 10 years.
2. Obligation to continue duty until the day of resignation
Even if the worker has given notice of resignation, the worker must continue to perform his duties until the day of resignation. Article 81 of the Labor Law stipulates that during the period of prior notice, employer and worker must comply with all obligations required. Therefore, worker must continue to do his work for the employer, and in addition to this primary duty, workers have the following obligations.
Firstly, it is the duty to pay attention to work. Article 69, paragraph 1 of the Labor Law states that within the framework of the contract, worker must perform all of his professional activities for the enterprise. Worker, for example, has to do the work he is hired to do and carry out the work on his own and with care. Pursuant to the above rules, during the period of notice of resignation, the worker must continue to work for his employer to the best of his ability and carefully until the day he leaves the enterprise.
Secondly, it is the obligation not to compete with the employer. This obligation is defined in Article 69, paragraph 2 of the Labor Law which states that outside working hours, worker can engage in any professional activities that do not compete with the enterprise which he works or that are not harmful to the agreed process of performance, unless there is an agreement to the contrary. According to this rule, during the term of the employment contract, the worker cannot compete with the employer; and therefore, during the prior notice, the worker must also comply with this obligation.
Thirdly, it is the obligation to maintain professional secrecy. Article 83b, point 2 of the Labor Law stipulates that the disclosure of professional secrecy is a serious mistake. Pursuant to this rule, workers are obliged to maintain this professional confidentiality, even within the notice period. This confidentiality obligation may also continue to apply to workers after the termination of the employment contract.
3. Can a worker revoke the notice of resignation?
In the event that the worker has given prior notice of his resignation to the employer, but before the effective date of termination of the employment contract, the worker notifies the employer to withdraw his resignation. In this case, does the worker have the right to withdraw his resignation? Pursuant to Article 409, point 2 of the Civil Code, which states that the expression of intent to dissolve the contract is irrevocable, as a consequence, the worker cannot unilaterally withdraw his resignation.
Please note that this article is not legal opinion or legal advice. If you experience any issues mentioned above, please seek legal advice from a lawyer.