What is employment certificate? What kind of information to be included or written in this certificate? How to get this certificate? Can employer reject issuing employment certificate? This article will answer to these questions based on the Labor Law of Cambodia.
Employment certificate is a certificate confirming employment relations issued by the employer. This certificate mainly mentions the commencement date of employment, the date of termination of employment and type of job; or if applicable, the successive jobs with the period of each job. (Article 93, Labor Law) For example, the employment certificate might state that Mr. A is an employee of company B from 01 January 2018 to 31 December 2020 in the position of sale and marketing officer. Employer is prohibited from making any harmful statement or comment that could negatively affect the employment of the employee or worker.
The employee or worker can ask his or her employer to issue an employment certificate upon expiry of contract or upon termination of employment contract due to any reason. The employer who refuses to issue the certificates is liable to pay damage to the employee. Furthermore, there is a fine as determined by the law against the employer who fails to issue the certificate of employment to the worker. (Article 364, Labor Law)
In practice, there are also cases where certificate of employment is issued during the course of employment relation at the request of the worker for his or her personal purposes (such visa entry permit application, etc.) or any case where there is a requirement of submission of this certificate.
This text is not legal advice or opinion.