ច្បាប់ការងារនៃប្រទេសកម្ពុជា ជំពូក VII
SPECIFIC WORKING CONDITIONS FOR AGRICULTURAL WORKS
Besides the general provisions set out in this law, the following provisions apply to agricultural workers.
An agricultural worker is a worker employed on:
- farms (the growing of crops and the raising of animals);
- forestry exploitation;
For the purposes of this law, the term "plantation" means all agricultural business that regularly employs paid workers and that primarily cultivates or produces the following for commercial purposes: coffee, tea, sugar cane, rubber, bananas, coconuts, peanuts, tobacco, citrus fruits, oil palm, cinchona, pineapple, pepper, cotton, jute, and other commercial crops.
The provisions in the present Section do not apply to family enterprises or small- sized plantations whose produce is only for the local market and that do not regularly employ paid workers.
A. Hours of Work
The normal number of working hours for plantation workers is eight hours per day, or forty-eight hours per week. For certain categories of workers, the daily number of hours can be increased to nine as long as the weekly total does not exceed forty-eight.
For regular resident workers, i.e. those accommodated by the enterprise, any time over one hour required for travelling between workplace and home is considered to be part of the workday.
For regular non-resident workers as well as casual workers, the daily working hours is determined according to the hours worked.
For certain jobs, a maximum of two hours may be added to the actual eight hours of work in order for workers to be present at the work site. These jobs shall be listed in a Prakas (ministerial order) of the Ministry in Charge of Labor.
During the two hours for which workers are required to be present at the work site, workers cannot be forced to perform any work and can use the time freely.
If hours worked are more than eight hours of work per day, the extra hours are paid at the overtime rate. Overtime hours cannot be added to the actual workday to exceed ten hours in the same day, except for a case of preventing a disaster or repairing damage caused by a disaster.
B. Partial Payment in Kind
Partial payment of wages in kind is allowed but cannot be imposed.
In case that the employer makes such payment in kind, each regular worker shall be allocated, in addition to the portion of the payment he receives in cash, an allotment of 900 grams of uncooked rice per paid workday.
The payment in rice covered in the preceding article can be replaced by a payment in cash if the parties so agree.
The cash value of the portion of the wage paid in kind, in any case, must be calculated exactly and recorded in a ledger kept for this purpose.
C. Family Benefits
All regular plantation workers are entitled to a daily allocation of rice as indicated below for their wife and dependent
minor children, legitimate or illegitimate, less than sixteen years old:
800 grams for the wife;
200 grams for a child under two years;
400 grams for a child two to six years;
600 grams for a child six to ten years;
750 grams for a child ten to sixteen years.
These benefits are due to the worker as head of the household for each day worked entitling him to wage or to any interruption of work for hospitalization or for a justified illness.
Children more than sixteen years of age and less than twenty-one years of age, who are studying in a public secondary or tertiary education institution or in an authorized private secondary or tertiary education institution, or who are working as apprentices, receive the same family benefits as minor children less than sixteen years old.
To be entitled to family benefits, the wife must meet the following requirements:
a) She must not be gainfully employed.
b) She must live with her husband, either on the plantation if he is a regular resident worker or at home or in the husband's normal place of residence outside the plantation if he is a non-resident.
To be entitled to family benefits, minor children must live with the head of the household, either at the plantation if he is a resident worker, or at his home or normal place of residence outside the plantation if he is a non-resident. However, children who study at a distant school or who attend apprenticeship and therefore cannot live with their parents are entitled to benefits if a statement attesting to this situation is issued by the public or authorized private school. If the school is a private institution, the signature of the head of the institution must be notarized by the competent ministry.
Family benefits are due to the worker as of the date of hiring on the condition that the employer was given all required supporting documents.
The worker who wants to benefit from the provisions of the present Section must present the following supporting documents:
a) an excerpt of marriage certificate;
b) an excerpt of birth certificate for each child;
c) a declaration by the head of the household claiming responsibility for his own that his wife is not gainfully employed;
d) eventually, proof of schooling or apprenticeship attendance as provided for in Article 200.
If the worker finds himself unable to procure the certificates enumerated in paragraphs a) and b) of Article 202 above, they can be replaced by either a court decision or by an attested affidavit as prescribed by the laws or regulations in effect regarding civil status.
Regular full-time workers shall be entitled to free housing (main house and outbuildings) provided by the employer under the conditions set by a Prakas (ministerial order) of the Ministry in Charge of Labor.
Housing (main house) provided to a married worker living with his family should have a minimum inhabitable area of twenty-four square meters. A house of this size can be provided to single workers at the rate of one house per a maximum of four single persons of the same sex.
The housing must be constructed in conformance with sanitation and public health regulations issued by the competent authorities. To this end, enterprises shall submit the plans and specifications for one or more types of housing to the Bureau of Labor Inspection who will directly advise and then send them to the competent provincial or municipal authorities. If the authorities voice no reservation within thirty days from the submission, the enterprise can undertake any construction conforming to the submitted project. Special authorization can be requested for the construction of temporary housing during the installation period or the clearing of new lots as long as the temporary housing is not occupied longer than three years and that it conforms to general standards of sanitation, hygiene and health as established by the competent authorities.
Workers are prohibited from housing anyone other than their wife and legitimate or illegitimate children registered with the employer in the houses putting at their disposal, unless otherwise authorized by the employer.
Workers must always keep their house, as well as their outbuildings, courtyard, and garden, clean. They are liable for damage to the housing they are provided.
E. Housing Allowance
When the plantation cannot furnish housing to regular full-time workers, the employer is required to pay them a monthly housing allowance under the conditions determined by a Prakas from the Ministry in Charge of Labor in accordance with the recommendation of the Labor Advisory Committee.
Workers must be supplied with water for all their needs, in every season, and under the best conditions possible.
The source of water shall be found, protected and the water shall be distributed first for consumption.
In case that the water are suspected to be tainted, the employer shall take all necessary measures (sterilization by boiling or chlorinating, etc.) recommended by the public health service.
G . Provision of Supplies
Plantations or work sites that are located far from regular markets and that do not have adequate supplies of their own, the employer can set up a store that provides staples such as rice, dry salted fish, smoked fish, salt, tea, etc. The store must operate according to the conditions defined in Articles 42 and 43 of this law.
In each community of workers, the number of latrines must equal at least one-quarter of the number of houses. These latrines shall be in covered buildings placed at a sufficient distance from the living areas. They shall be enclosed and maintained permanently in a sanitary state.
Household refuse and garbage of all kinds shall be placed in a pit away from water sources and buried daily or burned.
Dead animals must be buried far from water sources, wells, cisterns, and inhabited areas.
I. Death - Interment or Cremation
Deaths shall be certified by the competent authorities and interment or cremation shall be organized as prescribed by the regulations in effect.
Upon the death of each regular worker, the employer shall furnish:
- a coffin;
- white cloth;
- transportation of the coffin to the cemetery or the crematorium;
- and shall be responsible for funeral costs up to at least one-month wage of the deceased worker.
J. Day Nursery
When a plantation employs one hundred or more regular working resident women, the Labor Inspector can, on the advice of the health service and the provincial or municipal governors, require the employer to construct, organize, and maintain a day nursery near the workers' housing.
This day nursery will be placed under the supervision of a female caretaker, who will be eventually assisted as needed by one or more helpers, depending on the number of children, and will be provided with necessary supplies such as milk and rice.
For infants more than two years old, the owner of the plantation shall distribute, in addition to rice, a variety of food. The rations shall be monitored by the health service of the enterprise.
The maximum age of admittance for children to the day nursery is six years.
A day nursery shall be opened and operated according to the conditions specified above, provided that there are at least ten children enrolled.
When there are at least twenty children aged at least six years of regular resident workers at the plantation, the employer must construct and maintain, at his own expense, a sufficient number of primary schools located close to the workers' housing.
The employer must equip these schools with furniture and teaching materials, at his own expense, in conformance with the directives of the competent administrative services.
Teacher salaries are to be paid by the plantation.
If the school is located more than 1500 meters from the village, the employer is required to provide transportation for the school children at his expense in vehicles that provide protection from sun and rain.
The children of regular non-resident workers can be admitted to the schools on the plantation, but the employer is not responsible for their transportation.
Other agricultural works
The particular working conditions in agricultural enterprises other than plantations shall be established specifically by proposal of the Minister in Charge of Labor after having consulted with the Labor Advisory Committee.