Is it legal to establish a system or platform or whatsoever that records the employment history and share these records among employers? The records can be used as considerations for the employment of individual workers. These records will influence the employability of applicants to vacancies at an enterprise. Although it is not intended to be a legal opinion, this text is intended to provide legal insight for consideration.
Before detailing the issue, it is necessary to define some terms to ease readers in understanding the text. The workers in this case refer to laborers who are hired to perform manual labor and employees or helpers who perform non-manual work or perform the said work intermittently. Employment Book is a record of employment of a worker from the beginning and following employments. The Cambodia Labor Law of 1997 define the issue of employment book from articles 32 to 35.
From the conceptual standpoint in the Labor Law, the above scenario in which worker’s employment history is recorded and shared among employers serves similar functions and purposes. However, it is required by Article 34, paragraph 3, of the Labor Law, that employers must not make any comment on the employment book at the termination of employment contract. Accordingly, employers cannot make either good or bad comment on the performance of the workers. The purpose aligns with the Constitution of Cambodia of 1993 (Article 36) and United Nations Universal Declaration of Human Rights of 1948 (Article 23). The right to work which include a number of important rights including the right to access to the employment, the right to choose occupation, the right to decent working conditions, the right to protection from unfair dismissal, etc.
In conclusion, the use of employment records other than the employment book under the Labor Law might face a significant challenge in their legality due to the concern on the violation of the worker’s right to work.
This article is not intended as a legal opinion or advice.
Nop Legal 