Following the issuance of Prakas 442 on the Payment of Wages dated 21 September 2018 and Prakas 443 on Seniority Payments dated 21 September 2018, the ministry of Labour and Vocational Training (“MLVT”) issued official Guideliens 044/19 on the Implementation of Prakas 442 and 443 for Personnel of Foreign Missions, Agencies of the United Nations and International Organisations in Cambodia dated 5 April 2019 (“Guidelines”).
With reference to the Convention of the United Nations on Diplomatic Relations, the Guidelines exempt diplomatic missions (including foreign embassies and consulates), agencies of the United Nations and international organizations in Cambodia from the obligation to pay salary in two instalments per month under Prakas 442 and seniority payments under Prakas 443 to employees.
Interestingly, the Guidelines do not explicitly clarify what types of organization are considered international organizations. It remains unclear whether International Non-Governmental Organizations registered with the Ministry of Foreign Affairs and International Cooperation are considered international organizations in the context of the Guidelines, and thereby entitled to the exemption. To date, there has been no official guidance from the MLVT that provides additional clarification on this matter.
This article is written by DFDL Lawyers.
This article was first published on the DFDL website.
This article does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. If you require any advice or information, please speak to practicing lawyer in your jurisdiction. No individual who is a member, partner, shareholder or consultant of, in or to any constituent part of Interstellar Group Pte. Ltd. accepts or assumes responsibility, or has any liability, to any person in respect of this article.