The notice period for the resignation or dismissal of an employee depends on the type and duration of the employment contract and the reasons for termination of the contract. As you may already know, there are two types of employment contracts in Cambodia, Fixed Duration Contract (FDC) and Unfixed Duration Contract (UDC). The Cambodian labour law provides different notice periods for them.
Fixed Duration Contract (FDC), is signed with the consent of the employee for a specific duration not longer than two years. If FDC is not renewed over a fixed period, it becomes an Undetermined Duration Contract (UDC).
For FDCs of more than six months, employees must be informed of the expiration of the contract or of its non-renewal ten days in advance of its expiration. This notice period is extended to 15 days for contracts that have a duration of more than one year. If there is no prior notice, the contract must be extended for a length of time equal to its initial duration.
In any case of contract termination, the employee can request the employer to provide him with an employment certificate.
An Undetermined Duration Contract (UDC) is an employment contract without specifying the end date of employment. A Fixed Duration Contract (FDC) can be transferred into UDC either at the time of contracting or anytime after the fixed duration.
For UDCs, the labour law imposes the following notice periods, which are applicable to both employers and to employees,
◾ Continuous service of fewer than six months: 7 days.
◾ Continuous service of six months to two years: 15 days.
◾ Continuous service of more than two years and up to five years: one month.
◾ Continuous service of more than five years and up to ten years: two months.
◾ Continuous service of more than ten years: three months.
For UDCs, the labour law requires the employer must have a valid reason related to the employee’s aptitude or behaviour based on the requirements of the operation, business or establishment to terminate.
Termination of a labour contract requires professionals with suitable knowledge and expertise. Our team of professionals offers guidance on a wide range of employee matters, to keep your backend HR operations running smoothly.
If you are looking to outsource some of your HR operations or thinking of having an outsourcing partner, inquire through email: [email protected] or contact: +85 570 311 125 to know how we can help your business.
