ច្បាប់ការងារនៃប្រទេសកម្ពុជា ជំពូក​ XVI

PENALTIES

Article 359:

Those guilty of violating the provisions of the articles in Chapter XVI of this law shall be fined or imprisoned or both.
Fines are imposed by the Labor Inspector and the Labor Controller.

Article 360:

Fines are set in multiples of the base daily wage. The base daily wage is the minimum wage set by a joint Prakas (ministerial order) of the Ministry in Charge of Labor and the Ministry of Justice.

Article 361:

Those guilty of violating the provisions of Articles 14, 20, 22, 24, 29, 30, 34, 37, 42, 43, 72, 112, 134, 187, 214, 222,253, and 255 are liable to a fine of ten to thirty days of the base daily wage.

Article 362:

Employers who eliminate or suspend the weekly time off of their workers or who provide this time off under conditions contrary to the provisions of Section 4 of Chapter VI of the present Labor Law or Prakas instructing enforcement of this law are liable to a fine of ten to thirty days of base daily wage.
These penalties also apply to employers who suspend this time off without the necessary authorization, or who do not provide their workers with compensatory time off under the conditions laid in the aforesaid provisions.

Article 363:

Those guilty of violating the provisions of Articles 21, 28, 44, 45, 49, 50, 57, 59, 106, 139, 144, 162, 163, 164, 166, 167,168, 169, 170, 179, 180 - paragraphs 1 and 2, 182 - paragraphs 2 and 3, 184, 194, 198, 200, 204, 205, 206, 210, 249, 296, and 306 are liable to a fine of thirty-one to sixty days of the base daily wage.

Article 364:

The employer who neglects or refuses to grant an employment certificate under the conditions laid in Article 93 is liable to a fine of thirty-one to sixty days of the base daily wage.

Article 365:

Without prejudice to any civil liability, those guilty of violating the provisions of Articles 113, 114, 115 and 116 are liable to a fine of thirty-one to sixty days of the base daily wage.

Article 366:

Offsetting, installments, deductions from wages by the employer in violation of the rules imposed by Articles 127, 128 and 129 are liable to a fine of thirty-one to sixty days of the base daily wage.

Article 367:

Employers who employ staff under conditions contrary to the provisions of Articles 137, 138 - paragraph 2, 140 and 141 regarding hours of work or the Prakas instructing enforcement of these articles are liable to a fine of thirty-one to sixty days of the base daily wage.

Article 368:

Employers who employ children less than eighteen years of age under conditions contrary to the provisions of Articles 173, 174, 175, 176, 177 and 178 of this law are liable to a fine of thirty-one to sixty days of the base daily wage.

Article 369:

Those guilty of violating the provisions of Articles 12, 15, 17, 18, 39, 46, 104, 126, 260, 264, 281, 292, 331, 333, 334 and 335 are liable to a fine of sixty-one to ninety days of base daily wage or to imprisonment of six days to one month.

Article 370:

The employer who violates the provisions of Article 16 of this law is liable to a fine of sixty-one to ninety days of the base daily wage.

Article 371:

The employer who dismisses staff from work for one of the reasons laid in Article 95 - paragraphs 1 and 2, without informing the Labor Inspector, or who carries out this dismissal during the suspension period of dismissal imposed by the Minister in Charge of Labor in compliance with Article 95 - last paragraph, is liable to a fine of sixty-one to ninety days of base daily wage or to imprisonment of six days to one month.

Article 372:

Any person who hires or keeps in his service a foreigner, who does not possess the employment card authorizing him to carry out a paid job in the Kingdom of Cambodia, is liable to a fine of sixty-one to ninety days of the base daily wage or to imprisonment of six days to one month. In the event of a subsequent offence, such person is liable on conviction to imprisonment of one month to three months.

Article 373:

Those guilty of violating Articles 278, 279, and 280 are liable to a fine of sixty one to ninety days of the base daily wage and to imprisonment of six days to one month, or to one of the both penalties.
Anyone guilty of violating or attempting to breach the provisions of Section 1, Chapter XI, regarding the formation of trade unions and the freedom to join or to not join a union organization, in particular, Articles 266, 267 and 273 through pressure, threat or coercion, shall be subject to the same penalties.

Article 374:

Those guilty of violating the rules concerning the minimum age are liable to a fine of thirty to one hundred twenty days of the base daily wage.

Article 375:

Company heads, directors, managers, or officers-in-charge who personally violated the provisions of Articles 229, 230 and 231 or the Prakas for enforcing these articles are liable to a fine of thirty to one hundred twenty days of the base daily wage.

Article 376:

Any person who commits the offences defined in the preceding article that are harmful to the health or safety of others, is liable to a fine of thirty to one hundred twenty days of the base daily wage.
The penalties laid in Articles 375 and 376 are independent of the provisions related to the compensation for work-related accidents and occupational illnesses that are the subject of Chapter IX of this law.

Article 377:

Those guilty of violating the provisions of articles 240, 241, 242, 243, 244, 245, 246 and 247 or violating the Prakas instructing application of labor health are liable to a fine of one hundred twenty days to three hundred sixty days of the base daily wage and to imprisonment of one to five years, or to only one of the both penalties.

Article 378:

The leaders or administrators of a professional organization or a union of professional organizations who induce these organizations to engage in activities extraneous to its exclusive objective, as defined in Article 266 of this law, are liable to a fine of sixty-one to ninety days of the base daily wage.
The dissolution of the professional organization or the union of professional organizations must be pronounced by the Labor Court in the event of those organizations committing the wrongdoing as stated in the preceding paragraph or in case of serious, repeated violation of the laws and regulations, particularly in the area of industrial relations.

Article 379:

Those guilty of violating Articles 268, 269 and 270 are liable to a fine of sixty-one to one hundred twenty days of the base daily wage.

Article 380:

Anyone who undermines or attempts to undermine the free designation of a union steward or the independent or regular performance in his mandate, or who violates the provisions of Article 282 regarding the dismissal from work, reassignment, transfer of union stewards or former union stewards, shall be liable to a fine of sixty one to ninety days of the base daily wage and to imprisonment of six days to one month, or to only one of the both penalties.

Article 381:

Anyone who does not observe the provisions of Articles 283, 286, 287 and 291 and who undermines or  attempts to undermine the free election of a shop steward or the regular performance of his functions, shall be liable to a fine of sixty one to ninety days of the base daily wage and to imprisonment of six days to one month, or to only one of the both penalties.

Article 382:

Anyone who prevents or attempts to prevent the Labor Inspectors or Controller as well as the Labor Medical Inspectors from carrying out their functions or from exercising their powers, is liable to a fine of one hundred twenty to three hundred sixty days of base daily wage or to imprisonment of one month to one year.

Article 383:

When there are several infractions, which are liable to the same penalty by virtue of this law, fines must be proportional to the number of infractions. However, the total amount fined cannot exceed five times the maximum rate of fines.
This rule applies particularly when several workers are employed under conditions contrary to this law.
Fines imposed in the event of subsequent offences are tripled.

Article 384:

Managers of enterprises shall be civilly liable for sentences rendered against their authorized representatives or officers-in-charge.

Article 385:

Any labor dispute covered by Chapter XII of this law that could not be settled through conciliation can be brought before  the Labor Court.
Within its mission to settlement of this dispute, the Labor Court can take a number of the necessary measures as follows:
1 . Order the reinstatement of a dismissed worker, by retaining his former position and paying him a retroactive wage.
2. Nullify the results of a union election or the election of a shop steward.
3. Order an employer to negotiate with a union or to cooperate with a union steward or a shop steward.
4. Decide the payment for damages in favor of the party who won the case in the labor conflict.

Article 386:

Without prejudice to the disciplinary penalties laid in the Statute of Administrative Agents, Labor Inspectors and Controllers as well as Labor Medical Inspectors who reveal the secrets and production processes shall be punished by imprisonment for six days to one month, even though the revelation of the secrets took place after they have left their job.