Not an easy question. But read on. I hope you will find this useful.
Sexual harassment is provided for in several laws and regulations such as the Constitution (Art. 38 and 35); the Law on Prevention of Domestic Violence and Protection of Victims 2005 (DV Law); the Labour Law (Art. 172) and several other important laws of Cambodia.
Importantly, the act of sexual harassment is a crime which is expressly set forth in Article 250 and various provisions of the Criminal Code of Cambodia. It is punishable by both imprisonment and a fine.
Generally, the Cambodian labour law generally protects employees from having their employment contracted terminated without a proper reason. However, Article 83 permits termination of an employment contract in case of serious misconduct.
Now the question is…
Is sexual harassment considered serious misconduct under the Cambodian law?
Cambodian law does not explicitly define sexual harassment as serious misconduct. However, it should be so considered if…
- the offender repeats the crime for more than once, and
- the company or organization’s rules are in place to govern the behavior.
What does it mean for companies and organizations operating in Cambodia?
I’d advise companies and organizations have in place rules governing sexual harassment in their workplace. In fact, you should have a sexual harassment policy that sets out, at least, what it is and what disciplinary actions will be imposed against the person committing it.