Cambodia: two jobs at same time

Can an employee of a company works for another company at the same time? This text will answer to this question.

There might be the case where an employee signs an employment contract with an employer and at the same time or thereafter during the life of the first employment contract, he or she enters into another employment contract with another employer. The concerned employee might work as a full-time employee for an employer while as a part-time employee for other employer. I think that it would be difficult for an employee to work full time for two employers. With respect to this scenario, I have read the Labor Law of Cambodia and found that Article 69 is relevant and applicable to this case.

Article 69 of the Labor Law reads:

Within the framework of his contract, the worker shall perform all of his professional activities for the enterprise. Primarily, he must do the work for which he is hired, and perform it by himself with due care and attention.

However, outside working hours, the worker can engage in any professional activities that are not in competition with the enterprise for which he works or that are not harmful to the agreed process of performance, unless there is an agreement to the contrary.

I personally view that under this Article 69 an employee can work for another employer or company outside his or her working hours if his or her activities are not competing his or her employer and if there is no restriction on two employment at the same time. However, since employee has the obligation to perform his or her job or to discharge his or her duties with due care and attention, working for two employers or having two jobs at the same time might affect the level of attention and care of the employee or affect the performance of the concerned employee. Consequently, the employee might be in breach of his or her obligation to work with due care and attention as required by the Article 69, paragraph 1 above.

As mentioned above, it is also important that employee checks his or her employment contract, internal regulations of the enterprise and collective agreement to see if there is any prohibition on two employments at the same time. That means that if there is such prohibition, the employee cannot work for two employers even though such activities are performed outside the working hours or such activities are not in competition with the business or interest of his or her (first and full-time) employer.

In conclusion, if there is no prohibition on double employment in the contract, internal regulations and collective agreement, the employee can work for different employers, provided that his or her activities are not competing with the employer and that the concerned employee can discharge his or her obligation of due care and attention.

This text is not legal opinion or advice.