VINAYA LAW FIRM

Labour: Prakas on the Revision of the Prakas No. 109 dated 16 May 2008 Concerning Employment Injury Benefits.

Date of publication: 02-11-2018


Category: Legal updates


Audience: All


Labour:  

Prakas on the Revision of Articles 6, 11, and 13 of the Prakas No. 109 LV/PrK dated 16 May 2008 Concerning Employment Injury Benefits

On 18 October 2018, the Ministry of Labour and Vocational Training (MLVT) issued the directive (Prakas) on the revision of Articles 6, 11, and 13 of the Prakas dated on 16 May 2008 concerning Employment Injury Benefits.

    1. The increase of Assumed Wage amount range

    The Prakas maintains the same calculation basis for the average wage as well as the daily average wage ("DAW"). The main change focuses on the table of assumed wage provided in Annex 1 of the Prakas No. 109 LV/Prk dated on 16 May 2008. Indeed, beforehand, for a monthly wage exceeding 1,000,001 KHR Riels up (about USD 250), the assumed wage would amount to 1,000,000 KHR Riels (about USD 250). Henceforth, the new table includes the content of the former table provided in Annex 1 of the Prakas No. 109, and extend it to take into account monthly wage amounting to 1,200,001 KHR up (about USD 300). For such amount, the assumed wage would equal 1,200,000 KHR (about USD 300).

    2. Modification of Survivor's Benefit rates

    The Prakas amends former Article 11 of the Prakas No. 109 LV/Prk dated on 16 May 2008. The said Article provided the rates of survivor's benefits according to the family situation of the victim entitled to the benefit as set forth in Article 34 of Sub-Decree No. 16/SDE, dated 02 March 2007 concerning the Establishment of the National Social Security Fund ("NSFF"). In that matter, the new Prakas maintains the same rates for all cases besides the case where the beneficiary has only parents or aging persons. Indeed, the new Article 11 has increased the rate of pension for aging parents or aging persons in this case from 28% to 35% of the DAW. In addition, the Prakas creates a new rate for the case of a beneficiary having a spouse or children. In this case, the said beneficiary will receive a pension amounting to 56% of the DAW.

   3. Modification of the procedure for Benefit Claim 

   As provided by the new Article 13, a victim (or his/her representative) of an employment injury can now claim benefits through a unique form entitled "Employment Injury Benefits" regardless of the type of benefit. Indeed, the former Article 13 provided that the victim had to submit either a form "Benefit for Medical Treatment and Care, a form "Benefit of Temporary Disability", a form "Benefit for Permanent Disability", a form "Survivors' Benefit" or a form "Funeral Allowance" depending on the consequences of the employment injury (i.e. temporary disability, permanent disability). As of now, a victim of employment injury must claim benefits through the unique form "Employment Injury Benefits" regardless of the consequences of the said injury and corollary benefits. Furthermore, the new Prakas amends the frequency of the pension installments, bringing it to a monthly basis instead of the previous quarterly basis.