The Ministry of Labour and Vocational Training (“MLVT”) issued Prakas 429/20 on 31 December 2020 concerning Medical Check-ups for Cambodian Employees (“Prakas 429”). Based on Prakas 429, Cambodian employees covered under Article 1 of the Labour Law must undergo physical health check-ups at the Labour Medical Department of the MLVT or any healthcare facilities that are duly recognized by the Ministry of Health (“MOH”) and collaborating partners of the Labour Medical Department of the MLVT.
Under Prakas 429, a medical check-up certificate must be issued by the Labour Medical Department of the MLVT, which is responsible for examining, collecting and managing the medical check-up records of Cambodian employees nationwide in order to determine the types, ranges and prevalence of occupational diseases. In the event that an employee undergoes a medical examination at any healthcare facility in Phnom Penh or at a provincial level, employers must request certification of such medical check-up certificate from the MLVT’s Labour Medical Department. This need to be performed via the online system by attaching the employee’s medical check-up results (valid for no more than six months). Employee medical check-up results must be kept strictly confidential.
At the time of presenting themselves to undergo the medical check-up, individuals must bring the following documents:
- a copy of the Cambodian employee’s employment certificate issued by the employer; and
- a copy of his or her Cambodian National ID card or Birth Certificate or Family Record Book.
Employees must undergo medical check-ups once every two years except for those in certain categories or professions that require special medical check-ups. The costs for such medical check-ups are to be borne by the employer.
Prakas 429 also stipulates the requirement to undergo a medical check-up when the relevant employee moves into a new role or profession in which the working conditions are different or the employee changes to a new workplace.
Of note, previously, employees were only allowed to undergo medical check-ups at the Labour Medical Department of the MLVT. This was in line with MOH/MLVT Joint-Prakas 09/94 on Medical Examinations for Cambodians and Foreigners Working in Cambodia dated 19 January 1994. However, Prakas 429 now allows Cambodian employees to undergo medical check-ups at any healthcare facility that is duly recognized by the MOH and collaborating partners of the Labour Medical Department of the MLVT, subject to certification by the Labour Medical Department.
Failing to ensure that their Cambodia employees conduct the medical check-ups may subject relevant employers to a fine of up to KHR 10.08 million (approximately USD 2,520) from the MLVT and/or up to KHR 14.4 million (approximately USD 3,600) by a competent court. The non-compliant enterprise may also be exposed to additional sanctions under the Labour Law, including imprisonment terms from one to five years.
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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.
Senior Consultant, Cambodia
Senior Consultant, Cambodia