(Answers to these FAQs are the result of the Embassy’s consultations with the Ministry of Labor and Vocational Training and the Immigration General Department of Cambodia)
1) Who is covered by the Labor Law of Cambodia?
The Labor Law of Cambodia governs relations between employers and workers resulting from employment contracts to be performed within the territory of the Kingdom of Cambodia, regardless of where the contract was made and what the nationality and residences of the contracted parties are.
This law applies to every enterprise or establishment of industry, mining, commerce, crafts, agriculture, services, land or water transportation, whether public, semi-public or private, non-religious or religious; whether they are of professional education or charitable characteristic as well as the liberal profession, associations or groups of any nature whatsoever.
2) Who is required to obtain a work permit?
Everyone who is working in the Kingdom of Cambodia, both locals and foreigners, are required to obtain a work permit.
Foreigners working in Cambodia, specifically those with an “E” visa, are required to obtain a work permit.
3) Who is responsible for the payment of work permits – the employer or the employee?
Employers have the obligation to obtain work permits for their foreign workers/employees. Thus, employers who fail to obtain work permits for their foreign workers/employees have the responsibility to pay the penalty.
The Cambodian Labor Law or any of the subsequent prakas is silent on who will be responsible for paying the work permit. Thus, it is up to each individual foreign employee to negotiate this particular matter with his/her employer.
4) What is the procedure in getting a work permit and what are the relevant fees?
Please CLICK HERE for the Instruction on Procedures for Work Permit and Employment Card Application for Foreign Worker, and for the Flow of Procedures for Work Permit and Employment Card Application for Foreign Worker, as issued by the Ministry of Labor and Vocational Training.
5) It is my intention to work in Cambodia, but the Cambodian Embassy
in Manila does not issue long-term visas. What should I do?
If you intend to stay longer than the 21-day visa-free stay given to Filipinos, you can apply for an “E” visa upon arrival in any of the international border checkpoints in Cambodia. Unlike a “T” (tourist) visa, this “E” visa may be extended without having to exit Cambodia. This should give you enough time to secure a work permit.
6) Do NGO workers/missionaries need to get a work permit?
NGO workers/missionaries who have a Memorandum of Understanding (MOU) or Memorandum of Agreement (MOA) with the relevant government ministry are exempted from work permits. However, they must ensure that they have the proper visa type which bears the appropriate remarks. Those NGO workers/missionaries who hold “E” visas will need to obtain work permits.
7) Do freelance consultants who undertake short-term projects for different Cambodian NGOs need to get a work permit?
Again, this will depend on the visa type that was applied for by the individual. If the visa being used is a “B” visa, the short-term consultant does not need to apply for a work permit. Those who enter Cambodia on an “E” Visa must still obtain a work permit, even if they are only here for a short-term project.
8) Do part-time teachers and other part time workers need to get awork permit?
If a part-time teacher or part-time worker holds an “E” visa, he/she must still obtain a work permit.
9) How can musicians, who do musical performances in various places(sometimes, in one place for one week), comply with the requirement to get a work permit since they do not just have one employer?
Musicians can register independently at the Ministry of Labor and Vocational Training (MOLVT).
10) Do dependents of foreigner workers (elderly parents, spouse,children, siblings) need to get a work permit?
The issue of dependents, retirees, volunteers, etc. is not addressed by the current laws of Cambodia. The current practice is for the principal (i.e. the foreign employee) to declare his/her dependents when applying for a work permit. This would exempt them from having to secure a work permit.
There are ongoing efforts to amend the Labor and Immigration Laws to incorporate cases involving dependents, retirees, and volunteers.
11) If a dependent goes back to the Philippines for a vacation, will he/she be required to present a work permit upon re-entry to Cambodia?
This will be on a case-to-case basis. As a general rule, the principal would need to prove his/her capacity to support the dependents that he/she has with him/her in Cambodia by preparing a bank statement that demonstrates that he/she has more than sufficient funds to support the extended stay of his/her spouse and other dependents.
12) In the case of a foreigner who was sent by a US-based company to Cambodia as inspectors on behalf of those who placed orders in garment factories, do they need a work permit? Sometimes they are required to stay in Cambodia for longer than six months. These foreigners have letters of appointment from their parent company to do quality assurance/control.
Yes, they are also required to get work permits.
13) Are Filipinos who are married to Cambodians and working inCambodia required to get a work permit?
14) What is the policy on those who are under probation, say for 3 months? Are they also required to get a work permit? What if they fail their probation and are in the process of looking for another job?
There is no probation period for foreign workers in Cambodia. It is assumed that these foreign workers are being hired because they are qualified for the job.
15) What policy applies for domestic/household service workers, like nannies, caregivers, drivers, etc? What if the head of the householdhas diplomatic status, i.e. a foreign embassy or UN organization?
It depends on the status of their employers. If their employers have diplomatic visas, their employers must make sure that they are declared as employees of this diplomatic mission or household, and have the relevant paperwork.
***Please consult with the Ministry of Labor and Vocational Training for more details at the ff:
No 3 Russia Federation Sangkat Touek Laak
Khan Toul Kork Phnom Penh City
Phone : (855-23) 88 43 75
Fax : (855-23) 88 43 76