Cambodia: another employment during the contract suspension?

I was asked by a friend of mine, who loves to follow and read my short legal essays posted on my Blog (, regarding another employment during the contract suspension. For example, the employer and worker entered into an employment contract for a fixed term of 2 years. However, due to economic difficulties of the enterprise, their contract was suspended for a period of 2 months. The question is whether the worker can find and work for other employer during these 2 months? The opinion expressed herein is based on the law of Cambodia, in particular the Labor Law of Cambodia which was promulgated in 1997.

In order to share my opinion on the above-said question, I would like to refer to my previous short essay regarding contract suspension (Read: Suspension of employment contract) and the other regarding two jobs at the same time (Read: Cambodia: two jobs at same time) If you read these two short essays, I believe that you will be able to find the answer to said question.

Let us assume that the contract suspension in this case was conducted with a valid reason under the inspection of the Labor Inspector as stated in Article 71 (Reason No. 11) of the Labor Law of Cambodia. Consequently, under the effect of contract suspension as stipulated in Article 72 of the Labor Law, the worker is not required to perform work for the employer and the employer is not required to pay wage to the worker. Other than these obligations (employer’s obligation to pay wage and worker’s obligation to work), the obligations of the parties to the employment contract remain the same. In addition, the period of contract suspension will be considered as the period of the contract and as seniority of the worker. In conclusion, the contract suspension does not mean a termination of employment relation.

If the employment contract remains valid and effective, can the worker work for another employer or work for two jobs at the same time? Article 69 of the Labor Law of Cambodia is relevant to the case of two jobs at the same time. This article provides that under the employment contract the worker must fulfill all of his or her professional activities for the enterprise. The worker must perform the work by himself or herself with great care or attention. However, unless there is a different agreement, outside the working hours, the worker can perform other professional activities which does not compete with the enterprise he or she is working for or which does not damage the agreed operation.

Accordingly, the employment during the period of contract suspension is allowed only if it is allowed by law, employment contract, internal regulation or collective bargaining agreement.

Note: This text is not a legal opinion or legal advice.

Categories Employment and Labor Laws

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