Up to now, the Labor Law of Cambodia, promulgated in 1997, has been amended three times. The third amendment was made recently in last quarter of the year 2021. Based on this amendment, work on paid public holidays is now under the supervision of the Labor Inspector. The rules and procedures of this work on public holidays are provided in the Prakas of the Ministry in charge of labor. (Article 162, New of the Labor Law)
Pursuant to this Article 162 (New), the Ministry of Labor and Vocational Training issued the Prakas No. 357/21 dated 30 December 2021 on rules and procedures of work on paid public holidays. Under this Prakas, the employers must allow their workers to take days off on the paid public holidays which have been determined by the Ministry of Labor and Vocational Training every year. (Article 1) However, in the necessary cases where the factories or enterprises cannot stop their operations during the said public holidays, the owners or managers of factories or enterprises can discuss with their workers for work on public holidays. (Article 2)
The work on public holidays is on the voluntary basis of the worker and under the supervision of the labor inspector. The request for approval on the work on public holidays must be made at least 7 working days before the date commencing the work through automated system of the Ministry. (Article 3) The employer who needs to have workers work during the public holidays must fulfill the following requirements:
- Provide reason for request of work on public holidays
- Select the paid public holidays within the month requesting for work
- Provide the total number of workers requesting for work on public holidays and the number of female workers
- Upload the application or request form which has been downloaded from the system by signing and affixing the stamp of factory or enterprise
- Upload the letter confirming the consent of all official shop stewards in the factory or enterprise or consent of more than half of total workers in factory or enterprise in case where there is no shop steward. The template of such letter can be downloaded from the system and must include name, to be signed or affixed with thumbprint.
From these above-said requirements, I note that the work on public holidays needs approval from the Labor Inspector and that in order to obtain the said approval, there must be agreement from the workers to work on public holidays and consent of shop steward or consent of more than half of the total workers in factor or enterprise (if there is no shop steward.)
This article is not legal advice or opinion.