Replacement of worker on sick leave

Can an employer hire someone to replace a worker who is on sick leave? Yes, the employer can.

It is employer’s right to direct and manage his or her enterprise. If the employer finds that replacement is necessary for his or her business operation, he or she can find a replacement of the worker who is on sick leave. Under the Labor Law of Cambodia, the period of sick leave is limited to 6 months. (Read more Cambodia: Leave due to sickness)

Pursuant to Article 67, paragraph 3, of the Labor Law of Cambodia, the employer can hire someone to replace worker who is temporarily absent on sick leave and such employment relation is under the fixed duration contract with unspecified date. Accordingly, this kind of contract or employment relation is terminated by the return to work of the worker who was temporarily absent or the termination of the employment contracts of those workers.

In conclusion, employer can find replacement of a worker who is on sick leave. The employment relation between employer and the replacement is under fixed duration contract.

This article is not legal advice.

Categories Employment and Labor Laws

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