Fixed-term contracts- If the employer and employee agree, a fixed-term contract can be terminated before the end date. To do so, both the employee and employee must sign an agreement in front of a labor inspector. If one of the parties does not agree, the employment contract cannot be terminated unless for reasons of gross misconduct or force majeure.
Indefinite employment contracts- Written notice must be given. If the employer initiates the dismissal, then just cause must be provided. The employer must notify the Ministry of Labor
Upon termination, the employee is entitled to request a certificate of employment stating the dates of employment and information about the position held. If the employer refuses to provide this, the employer must pay the employee for damages.
The notice period in Cambodia is based on the duration of employment as well as the type of employment contract:
For indefinite employment contracts:
- Up to 6 months of employment- 7 days’ notice
- 6 months to 2 years of employment- 15 days’ notice
- 2-5 years of employment- 1 months’ notice
- 5-10 years of employment- 2 months’ notice
- 10 year of employment- 3 months’ notice
- Up to 6 months of employment- no notice is required
- 6 months to 1 year of employment- 10 days’ notice
- 1+ years of employment- 15 days’ notice
During the notice period, the employee is entitled to 2 days’ paid leave per week for the purpose of looking for employment.