The Department of Labor and Vocational Training (DLVT) has recently issued Notification No. 5053 on the Dates of Requesting the Foreign Employee Quota and Foreign Employee Work Permit for 2016, dated 21 August 2015 (Notification).
The Notification is a reminder for all enterprises employing 100 employees or less to submit the applications to the DLVT:
- from 1 September 2015 to 30 November 2015 for the 2016 foreign employee quota; and
- from 1 January 2016 to 31 March 2016 for the 2016 foreign employee work permit.
Any enterprises employing more than 100 employees will need to submit these applications to the Ministry of Labor and Vocational Training.
Given on-going measures by the authorities to enforce laws concerning the employment of foreign nationals in Cambodia, we note that your organisation must file an application for the 2016 foreign employee quota approval, and applications for the 2016 foreign employee work permits with the relevant labor authority within the prescribed deadlines stated above. Given that it typically takes some time to receive approval from the relevant labor authority, we strongly recommend that you submit your application as soon as possible.
Failure to comply with the foreign employee quota and work permit requirements could (among other things) result in the imposition of fines of up to USD180 and retroactive penalties in the amount of USD100 for each year that a foreigner has worked in Cambodia without a valid work permit. In serious circumstances, imprisonment terms of up to three months and/or deportation of the foreign employee concerned may be imposed. In this regard, we acknowledge that the authorities recently reported that around 1,600 employees had been deported from Cambodia for labor law and immigration infringements from January to June 2015.
In light of the impending deadlines, we would be pleased to assist your organisation in filing the application for foreign employee quota approval and the renewal of all foreign employee work permits with the relevant labor authority.
Please contact labor.kh@dfdl.com for further information.
DFDL Contacts:
Chris Robinson
Head of the Corporate and Commercial Practice Group, Cambodia
chris.robinson@dfdl.com
Sor Samnangvathana
Adviser
samnangvathana.sor@dfdl.com
*The information contained in this legal update is provided 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.
