ADVISORY No. 2:
On the Requirement for Foreign Workers to Apply for a Work Permit and Foreign Employment Card
For the information of Filipinos in Cambodia, please find a copy of “The Guideline on the Procedure to Apply for and Extend Foreign Work Permit and Foreign Employment Card” issued by the Ministry of Labor and Vocational Training (MLVT) on 26 January 2015.
The Guideline implements Cambodia’s Labor Law, particularly Art. 261, which states that “No foreigner can work unless he possesses a work permit and an employment card issued by the Ministry of Labor and Vocational Training. These foreigners must also meet the following conditions:
a) Employers must beforehand have a legal permit to operate a business in the Kingdom of Cambodia;
b) These foreigners must have legally entered the Kingdom of Cambodia;
c) These foreigners must possess a valid passport;
d) These foreigners must possess a valid residence permit;
e) These foreigners must be fit for their job and have no contagious diseases.”
The Cambodian labor law or any of the subsequent prakas are silent on who will be responsible for paying the work permit and penalties. Thus, it is up to each individual foreign employee to negotiate this particular matter with his/her employer.
Foreign employees need to have obtained a work permit before the end of March. Please click to view a sample of the application form for a work permit.
http://mlvt.gov.kh/upload/docs/Applycation%20Form%20for%20New%20of%20Foreigner%20work%20permit.pdf
For the specific concerns raised by some Filipinos, please see the response of MLVT below:
For NGO workers/missionaries – they are to present the Memorandum of Understanding the NGO has entered into with a Cambodian government agency (usually the Ministry of Foreign Affairs and International Cooperation) as a basis to apply for an exemption to the requirement of getting a work permit
For part-time employees – they are required to obtain a work permit
For dependents of foreign employees - they are to ask for an exemption from MLVT
The Embassy understands that many issues remain unclear regarding this requirement for a work permit. Thus, the Embassy is scheduled to have another meeting with MLVT officials in the 2nd week of February. Filipinos with specific questions and concerns that they wish to raise with MLVT may post them on the Embassy’s FB page.
update29012015fbt
