New Prakas 443
- Lucky Lucan
- K440 Knight Captain
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- Posts: 22525
- Joined: Fri Mar 04, 2011 12:24 pm
- Location: The Pearl of the Orient
So basically anyone working for a few years with the same company/organization can expect to get fired by or before December 2012.
Romantic Cambodia is dead and gone. It's with McKinley in the grave.
- Miguelito
- Ordinary Schmo
- Reactions: 219
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- Joined: Tue Jan 13, 2015 11:19 pm
- Location: Penh's Hill
Yea, I posted this Monday morning...Playboy wrote: ↑Thu Mar 28, 2019 6:39 pmLatest update that I have seen:
Update on Prakas 443 - Payment of the Back Pay of Seniority Pay, provided by Auscham member, DFDL Cambodia
The Ministry of Labour and Vocational Training (“MLVT”) issued Guideline 042/19 on Payment of Back Pay of Seniority Pay prior to 2019 (“Back Pay”) for Enterprises outside of the Garment, Textile and Footwear Manufacturing Sectors on 22 March 2019 (“Guideline”).
The obligation for payment of Back Pay for enterprises outside of the garment, textile and footwear manufacturing sectors has been delayed to December 2021 and the number of days of Back Pay to be paid has been reduced from 15 days to six days per year, being three days in June and three days in December.
During the period of postponement, if an employee is terminated for any reason other than serious misconduct, retirement or death, the employer is required to provide all Back Pay. The Guideline clarifies that an employee who resigns or is terminated due to serious misconduct is not entitled to Back Pay.
While the Guideline confirms the delay in the payment of Back Pay, certain issues regarding the calculation of Back Pay remain unsettled, specifically the calculation of average daily actual wages prior to 2019, the inclusion of the probationary period in the calculation and the application of seniority payments to employees who convert from a fixed duration contract to an unfixed duration contract.
Notwithstanding the postponement of the obligation to provide Back Pay, there is no change to the regime for payment of new seniority pay from 1 January 2019. Employers outside of the garment, textile and footwear manufacturing sectors must comply with Prakas 443, meaning the 7.5 days of new seniority pay must be paid in each of June and December (being a total of 15 days per year).
So HAVE most employers cut way down on staff bonus amounts at Khmer New Year, and P'Chum Ben because they now (since 2019) have to pay a half month salary for Prakas 443 in June and again in Dec?
And, what is the new date that before 2019 seniority 'back payments will need to begin to be be paid.
2020 was a challenge. 2021..., well we are not into a roaring recovery yet!
With businesses fragile, I can see why paying senority every 6 months, rather than at retirement, is certainly best for employees. But with businesses fragile...,
'Seniority' penalizes employers for keeping currently not working and unneeded staff on the books. I'd rather share money around. to a larger number of Khmer families for a much longer time, but laying the majority off, and doing all proper payouts as required, looks, unfortunately, like the best way to ensure business survival. Well, enough thinking about that for today, no decisions required for a couple more days.
And, what is the new date that before 2019 seniority 'back payments will need to begin to be be paid.
2020 was a challenge. 2021..., well we are not into a roaring recovery yet!
With businesses fragile, I can see why paying senority every 6 months, rather than at retirement, is certainly best for employees. But with businesses fragile...,
'Seniority' penalizes employers for keeping currently not working and unneeded staff on the books. I'd rather share money around. to a larger number of Khmer families for a much longer time, but laying the majority off, and doing all proper payouts as required, looks, unfortunately, like the best way to ensure business survival. Well, enough thinking about that for today, no decisions required for a couple more days.
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