ច្បាប់ការងារនៃប្រទេសកម្ពុជា ជំពូក​ XIV

LABOUR ADMINISTRATION

Section 1

General provisions

Article 338:

The Labor Administration is primarily responsible for preparing, implementing, coordinating, supervising, and evaluating national labor policy. Particularly within the realms of public administration, it is the tool for formulating and enforcing legislation in order for this policy to materialize.
The Labor Administration consistently studies the situation of employed, unemployed or under-employed persons in light of the national laws and practices regarding working conditions, employment and professional life. It pays attention to inadequacies and abuses in this area and puts forward a proposal and request a decision on method for remedy.
The Labor Administration offers its advisory service to employers and to workers, as well as to their respective organizations, in order to promote consultation and real cooperation between the authorities or public institutions and employers or workers, as well as between employers' and workers' organizations.
The Labor Administration responds to requests for technical assistance from employers and workers, as well as from their respective organizations.
The Labor Administration offers conciliatory services to employers and workers, as well as to their organizations, in order to help settle individual or collective disputes.

Article 339:

The Labor Administration must permanently maintain enough personnel, material, means of transportation, offices and premises to meet the needs of the service that is conveniently accessible to all interested persons.
Agents of the Labor Administration must be acquired with adequate training for carrying out their respective functions.
Relevant measures are taken by Prakas (ministerial order) of the Ministry in Charge of Labor to ensure that permanent training is provided to these agents during their employment.

Article 340:

The agents of the Labor Administration must have the sufficient qualifications to perform their assigned functions, have access to the necessary training in carrying out their functions and be free from all undue external influence.
All this personnel shall be granted with material means and financial resources required to effectively perform their statutory duties.

Article 341:

The Ministry in Charge of Labor shall issue a Prakas to determine the structure of the Labor Administration and, for each service, specify:

• the roles and tasks incumbent on the responsible agents;
• the organization, relationship and coordination with the other services within the Labor Administration;
• layout of the service in order to best serve in provinces and municipalities in the country;
• work methods of the responsible agents.

Article 342:

The special statutes and conditions of service for the various categories of personnel in the Labor Administration shall be determined by an Anukret (sub-decree).

Section 2

Labor inspection

Article 343:

The tasks of the Labor Inspection are assumed by Labor Inspectors and by Labor Controllers.
Before their appointment, Labor Inspectors and Controllers must solemnly swear allegiance to fulfilling their duties and to not revealing, even after having left their post, any manufacturing or trade secrets or operating methods that they learned of during the course of their work.

Article 344:

The Labor Inspection shall have the following missions:
a) to ensure enforcement of the present Labor Law and regulatory text that is provided for, as well as other laws and regulations that are not yet codified and that relate to the labor system;
b) to provide information and technical advice to employers and to workers on the effective ways of observing the legal provisions;
c) to bring to the attention of the competent authority any improprieties or abuses that are not specifically covered by the existing legal provisions;
d) to give advice on issues relating to the arrangement or restructuring of enterprises and organisms that have been authorized by the administrative authorities and covered by Article 1 of this law;
e) to monitor the enforcement of the legal provisions regarding the living conditions of workers and their families.

Article 345:

Labor Inspectors and Controllers can ask for assistance from duly qualified experts and technicians from relevant ministries or outside, who are specialized in medicine, mechanics, electricity, chemistry and environment, in order to ensure enforcement of the legal provisions regarding the health and safety of workers in carrying out their duties, and to inquire about the effectiveness of the methods applied, the materials used, and the regulations on the health and safety of workers. This technical assistance shall be exerted under the monitoring of the Labor Inspector or the Labor Controller in cooperation with relevant ministries.
The experts and technicians, who cooperate with the Labor Inspector or the Labor Controller in enforcing the legal provisions on the labor health and safety, must take an oath. They have the same powers granted the Labor Inspectors as per Articles 346 and 347 below.
The expenses incurred from this assistance shall be paid by the Ministry in Charge of Labor.

Article 346:

Labor Inspectors and Controllers possessing the proper identification are authorized:
a) to freely enter any enterprise within the jurisdiction of their inspection, without prior notification of the time, whether day or night;
b) to enter in the daytime workplaces that they could rationally assume to be subject to inspection of their Inspector's Office;
c) to conduct any examinations, inspections and investigations considered to be necessary to ensure that the provisions are effectively observed, and, in particular,
· to question, either alone or in the presence of witnesses, the employer or the staff about any matter relating to the enforcement of the law;
· to demand access to all books, ledgers, and documents that must be kept by the employer as prescribed by the legislation relating to working conditions so as to verify whether they (the papers) conform to the legislation; as well as to have the right to copy or take extracts from the books or ledgers;
· to demand the posting of notices or papers that are required to be affixed by law;
· to take, for the purposes of analysis, samples of materials or substances used or mixtures provided that the employer or his representative is aware that the materials or substances were taken for this purpose.
During each inspection, the Labor Inspector or Controller must inform the employer or his representative of his presence, unless he thinks that doing so will prejudice the effectiveness of the inspection.
The Labor Inspector and Controller may need to be accompanied by one or more shop stewards during inspection.

Article 347:

In performing their duties, Labor Inspectors and Controllers have the power:
1) to make observations to the employer or his representative and to the workers;
2) to serve notice on the employer or his representative to observe the legislation within a certain time period;
3) to note with an official report the non-observance of certain legal provisions that must, until proved otherwise, be credited;
4) to order that immediate measures be taken when they have every reason to believe or conclude that there is an imminent and serious danger to the health or safety of the workers.
5. to inflict the fine on those guilty of violating the provisions of this law and any enforcement-related text of these provisions.

Article 348:

Labor Inspectors, Labor Medical Inspectors and Labor Controllers cannot have any interest whatsoever in the enterprises within the jurisdiction of their inspection.
They must keep the source of any complaint, referred to them, about any default in the facility or a violation of the law strictly confidential and must not reveal to the employer or his representative that the inspection was the result of a complaint.

Section 3

Labor medical inspection

Article 349:

The Labor Medical Inspection permanently operates for the purpose of protecting the health of workers at the workplace.
The tasks of this inspection are assigned to Labor Medical Inspectors who place great emphasis on the organization and operation of labor medical services.
The Labor Medical Inspectors work in conjunction with the Labor Inspectors and cooperate with them in enforcing regulations regarding the health of workers.

Article 350:

Within the framework of their mission, the provisions relating to the powers and obligations of Labor Inspectors provided for in Articles 343 - paragraph 2, 346 and 347 - points 1, 2, 3, 4 of this law, are also extended to the Labor Medical Inspectors.