Travel Ban
To prevent the community spread of Covid-19, the Royal Government of Cambodia (“RGC”) issued Travel Ban Order 02 on 9 April 2020, effective from midnight of 9 April 2020 to midnight of 16 April 2020 (“Travel Ban Order”). This travel ban is supplemented by Decision 39 on Amendment of Travel Ban Order issued by the RGC on 10 April 2020, which amends the Travel Ban Order. The important announcements are outlined below.
Travel in Cambodia, including travel to and from Phnom Penh (but not travel within Phnom Penh or travel between Kandal province and Phnom Penh) and one province to another province is prohibited.
The following exceptions apply:
- transportation of goods on roads, waterways and railways;
- transportation of civil servants representing all state institutions, whether at a national level or below, for the purpose of fulfilling their daily work duties, provided that such persons present their work identification card to the competent authorities;
- transportation of all armed force officers for the purpose of fulfilling their duties;
- ambulances from hospitals, whether public or private;
- fire trucks;
- trucks providing rubbish and waste transportation services;
- transportation of employees/workers to factories and enterprises, in which a special permit for such transportation, as issued by the Ministry of Labour and Vocational Training (“MLVT”) or Department of Labour and Vocational Training (“DLVT”), has been issued; and
- travel by citizens to the nearest hospital or health center to obtain emergency and necessary health care services, limited to four persons per group.
Transportation Requirements during the Travel Ban
In compliance with the travel ban imposed by the RGC, the MLVT issued Notification 014/20 on the Use of Permits for the Transportation of Employees and Work Performance during the Travel Ban Period for the Prevention of the Spread of Covid-19 (“Notification 014/20”). The important announcements are as follows:
- an employee must:
- when using personal transportation to travel to and from work, carry the following documents: (i) an employee identification card; and (ii) a Cambodian Identification Card or any document identifying his/her current residential address, for presentation to the competent authorities;
- when using shared transportation to travel to and from work: (i) use transportation providers which have obtained a special permit for transporting employees, as issued by the MLVT or the DLVT; and (ii) carry an employee identification card, for presentation to the competent authorities;
- attend work as normal at his/her respective factory, enterprise or establishment, failing to which, he/she will be deemed as having committed serious misconduct, entitling an employer to terminate his/her employment without compensation;
- attend work without interrupting or obstructing the work of other employees or the production at or operations of their factory, enterprise or establishment; and
- not engage in or undertake the act of inciting, frightening or threatening other employees, otherwise they shall be liable in accordance to the Criminal Code and other applicable law.
- an employee must:
- provide a list of vehicle plate numbers to the labour inspectors;
- cooperate with the labour inspectors for the issuance of the special permit to drivers who are transporting employees to and from their workplace;
- ensure that all employees have received their employee identification card and, if lost, issue a new one immediately;
- terminate the services of any transportation service providers that do not transport employees to and from the workplace during this period;
- notify food sellers and continue offering such services as normal;
- continue business operations as normal, otherwise, employers will lose the right to obtain necessary support from the government when suspending employment or business operations, or incentives granted by the government; and
- maintain a clear list of attendance of employees for submission to the labour inspectors and the competent authorities.
- for drivers transporting the employees to and from work:
- continue transporting employees to and from their workplace as normal, otherwise, such drivers will be deemed as violating the government’s order and their employees transportation services will be terminated; and
- collect a special permit for transporting employees from the respective factory, enterprise or establishment for presentation to the competent authorities.
If you have any questions or concerns regarding this alert, please contact us at labor.kh@dfdl.com.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
Contacts
Partner, Head of Cambodia Corporate & Commercial Practice Group
Sophal Yun
Consultant, Cambodia Corporate & Commercial Practice Group
Consultant, Cambodia Corporate & Commercial Practice Group