VINAYA LAW FIRM

Labour: Obligation of Work Permit of Owner of Enterprise, Establishment, Casino, and Foreign Employer

Date of publication: 22-01-2018


Category: Legal updates


Audience: All


Obligation of Work Permit of Owner of Enterprise, Establishment, Casino, and Foreign Employer


The Ministry of Interior (MoI) and the Ministry of Labor and Vocational Training (MLVT) issued Joint Prakas on Obligation of Work Permit Application of Owner of Enterprise, Establishment, Casino, and Foreign Employer Who to Invest or to Perform Work in Cambodia on 22 February 2018.


1. Work Permit and Employment Card Requirement

Accepting the foreigners for employment, owners, directors of enterprises, institutions or the foreigners, who came to operate any business in Cambodia, shall properly abide by the Law on Immigration and Labor law of the Kingdom of Cambodia. No any foreigner can operate any business or work in the Kingdom of Cambodia without the work permit and employment card issued by the Ministry of Labor and Vocational Training. Work permit is an official approval by the labor authorities that allows foreign national to legally work in Cambodia.


2. The Obligation to Fulfill Work Permit Application

The Joint Notice mandatorily ordered employer(s) or directors of enterprises, establishment, casino, and foreign employer who to invest or to perform work in Cambodia who failed to comply with the work permit obligation by 2017 to fulfill to work permit application and its tax payment within 30 days from the date of this Notice (i.e. from 22 February 2018 to 23 March 2018).


 3. Inspection Documentations

The Foreign Manpower Inspection Joint Group (the "Joint Group") will conduct inspection. When Joint Group conducts an inspection, owners or directors of enterprises or institutions, which are operating business in the Kingdom of Cambodia, and the owners or directors of those entities shall cooperate with the Joint Group by show necessary documents as follow:

Required Documents

Number

1.   Statutes of company/enterprise/institution (original)

one copy

2.   Certificate of registration issued by the Ministry of Commerce or equivalent letter        

one copy

3.   Notification on employee (original)                                                                                     

one copy

4.   Notification of staff movement (original)

one copy

5.   Authorization to employ the foreign manpower (quota) (original)

one copy

6.   Foreigner's employment contract in Khmer, registered by the Ministry of Labor or Capital-Provincial Department of Labor and Vocational Training

for all foreigners

7.   Foreigner's passport (original and photocopy) and photos 4x6 (2 pieces)             

for all foreigners

8.   Entry visa and last extended-visa authorized for employment of foreigner (photocopy)

for all foreigners

9.   Foreigner's work permit and employment card      

for all foreigners

10. Books of labor law and law on immigration

one copy

 

 4. Fine and Other Punishment

The foreigners operating a small-scale business, secondary business, business having no corporate name, mobile business, night business, on-water business, various business shall hold an authorization to operate business issued by the competent authorities in order to complete the formalities for issuance of work permit and employment card.

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