Cambodian Legal Update: Labor Law – Foreign Worker Work Permit Inspections

As part of ongoing efforts to strictly enforce work permit requirements, following a notice from the Office of the Council of Ministers, the Ministry of Interior (“MOI”) and the Ministry of Labor and Vocational Training (“MLVT”) issued a joint Prakas (No. 719 Br.K) dated 19 February 2018 (“Joint Prakas 719”) on the enforcement of foreign workforce inspections.

According to Joint Prakas 719, a joint inspection team from the MOI and the MLVT may conduct inspections, with or without notice, in relation to the work permits of foreign workers. In addition, as part of the inspection, the team may issue a written instruction to employers giving them one month to obtain the proper work permits.

The original documents that are subject to inspection include, among others:

• Declaration of employees
• Declaration of staff movement in and out
• Quota approval to employ foreign workers
• Each foreigner’s employment contract in Khmer, as approved by the MLVT
• Each foreigner’s passport (both original and copies)
• Each foreigner’s entry visa and the latest visa extension authorizing employment
• Each foreigner’s work permit and employment card

All employers employing foreigners without proper work permits may be subject to a fine and punishment according to the Labor Law and the Law on Immigration, which includes possible expulsion of the foreign employee from the country.

To avoid penalty risk or more serious punishment, we urge all employers to obtain work permits for all of their foreign workers.

If you have any questions, or would like us to assist with this process, please contact me ([email protected]) or Mr. Alex Larkin ([email protected]).

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