How does the Cambodian labour law govern overtime? This article will answer this question.
Law and regulations governing overtime in Cambodia
There are three major law and regulations governing overtime work in Cambodia: the Labour Law 1997 (LL) (Article 137-140); Prakas 80/99 on Overtime Work Besides Regular Working Hours and Notification No. 041/11 of the Ministry of Labour and Vocational Training.
Definition of overtime work
Overtime work is the work performed beyond normal working hours. For example, if your normal working hours is from 8:00am to 12:00pm and 1:30pm to 5:30pm. Work performed after 5:30pm is considered overtime work.
Legal requirements for overtime work
The following requirements must be met for overtime:
- It must be urgent and exceptional (LL, Art. 139).
- It must be voluntary (Prakas 80/99, Art. 04)
- It must not be more than 2 hours per day (AC Award 10/04).
- Meal allowance of 2,000 Riel (some US$0.5) per day or a free meal must be provided to employees working overtime (Notification No. 041/11).
- It must be approved by the Labour Inspector, at least 15 days prior to commencement of overtime work (LL, Prakas 80/99).
Extra rates in excess of the basic wage must be paid for overtime work.
- For overtime on Monday-Saturday during day shift, the rate is 150% of the basic wage or total monthly payment for piece rate.
- For overtime on Monday-Saturday for night work (10:00pm-5:00am), the rate is 200% of the basic wage or total monthly payment for piece rate.
- For overtime on Sunday, the rate is 200% of the basic wage or total monthly payment for piece rate.
- For overtime on a public holiday, the rate is also 200% of the basic wage or total monthly payment for piece rate.
Last but not least…
For overtime to proceed legally under the Cambodian law, an overtime permit must be obtained from the Labour Inspector at least 15 days prior to the commencement of overtime work. The permit is generally valid for 2 months.