Asia-Pacific employment law bulletin 2025

Cambodia

While the Labour Law has remained unchanged in the past year, there are updates on key topics related to initial work permits for foreign employees, and an introduction of a new requirement regarding qualifications for administration and human resources officers.

Initial work permits for foreign nationals

On 12 August 2024, the Ministry of Labour and Vocational Training (MLVT) issued Notification No. 022/24 on the Procedure for the Legal Use of Foreign Labour in the Kingdom of Cambodia (Notification 022/24) to clarify the process for hiring foreign employees. Previously, foreign nationals were required to obtain a valid visa (including a regular visa type E) from a Cambodian Embassy abroad, through an online system, or upon arrival at an international airport before they could apply for a work permit. Notification 022/24 introduces a new process specifically for prospective foreign employees, requiring them to first obtain an initial work permit before applying for a visa to work legally in Cambodia.

Despite Notification 022/24, to date, the MLVT still requires a foreign employee to have an initial visa as one of the required supporting documents when applying for an initial work permit, and to obtain the work permit within the period of stay with the initial visa. That is, employers hiring prospective foreign employees must prepare all necessary documents and obtain a work permit before the initial visa of the foreign employees (typically valid for 30 days) expires.

In order to obtain a work permit, a prospective foreign employee is required by the MLVT to have, among other things, the following:

1. A Cambodian valid visa including regular visa type E (Visa E) or special visa type K;

2. A health certificate issued by the Labour Medical Department of the MLVT or other valid health certificate certified by the Labour Medical Department of the MLVT. It takes three to seven working days to obtain such certificate from the MLVT;

3. A fixed duration contract or an unspecified duration contract in Khmer certified by the MLVT. It takes 15 working days to obtain such certificate from the MLVT; and

4. A residential certificate or letter issued by the local authority in Cambodia, if any.

For work permit renewals, the foreign employee must possess among other things, an extended visa, such as Visa EB with at least six months’ validity.

Administration and human recourses officer qualifications

On 2 December 2024, the MLVT issued ministerial decision 259/24 on Qualifications of Administration and Human Resources Officers (Decision 259/24) aiming to improve compliance culture in employment and labour law aspects.

To qualify for the position of administration or human resources officer, an individual must hold a professional certificate in administration and human resources or a diploma in labour law issued by the National Institute of Labour (NIL) of the MLVT. Additionally, they are required to attend training organized by the NIL every three years.

Based on a Notification dated 7 November 2024 from the MLVT regarding available courses for year 2024-2025, the diploma in labour law takes two years to complete at a cost of USD 800, while the professional certificate in human resources can be completed in eight months for USD 650.

Decision 259/24 also specifies that companies in the garment, textiles, footwear, travel goods, and bags sectors must send employees holding the position of head of administration or human resources who do not meet the required qualifications to undergo training in administration, human resources, or a higher-level degree in labour law, provided by the NIL. Employers are responsible for covering the training costs and ensuring that the employee's salary, seniority, and other benefits are maintained during the training period. However, Decision 259/24 does not provide for any penalties in case of failure to meet the qualification requirements of such employees.

Contributors: Raksa Chan, Vansok Khem - DFDL