My employer refuses to honor our signed employment contract.
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- 440 newbie - handle with care
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My employer refuses to honor our signed employment contract.
Anyone able to refer me to a good lawyer in Phnom Penh who can file a lawsuit against my employer for dishonoring our employment contract, signed just last month? Or do you know the best way to take my complaint to the Court of Arbitration?
This ain't Kansas, Dorothy. Is the contract in Khmer, has it been thumbprinted and witnessed? If no to any of those you're out of luck with or without a lawyer.
How did your employer breach the contract?
Bless
How did your employer breach the contract?
Bless
In the probation period (which you are presumably still on) they can fire you for anything or nothing without notice or compensation (other than paying you for your time up until that point). What is it they haven't honored? The situation with regards to enforcing labor contracts here is nothing like what Alexandra is making out, but it's hard to see what the problem could be at such an early stage in your employment given that they can just fire you on the spot at will, legally. If your probation period (maximum of 3 months) had already expired it would be very different.
Have you met many foreigners that settled employment disputes in Cambodian courts?Bubble T wrote:The situation with regards to enforcing labor contracts here is nothing like what Alexandra is making out
Bless
I've been at companies where labor disputes have taken place, and nearly all have ended with the employer paying out some money and the employee ending up up giving a cut of it to the people at the Ministry of Labor who helped them get it. It's perfectly normal and it's how the low level staff at the Ministry of Labor make their money. We aren't talking about sweatshops here. If you are working for a legit tax paying office in Phnom Penh and they are registered with the Ministry of Labor, the Ministry will be more than happy to step in if there is a dispute. It isn't a one sided process.Alexandra wrote:Have you met many foreigners that settled employment disputes in Cambodian courts?Bubble T wrote:The situation with regards to enforcing labor contracts here is nothing like what Alexandra is making out
Bless
That being said, it's probably irrelevant to the OP because in the probation period there is nothing to dispute. If they don't want him they can just tell him to bugger off.
Edit: Just to answer your specific question; None, it doesn't get that far. The Ministry of Labor come and chat with everyone involved and I've never heard of it going past that point without everyone deciding to settle things one way or another.
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- I have some social problems
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Whilst Alexandra is probably correct there is no harm contacting the arbitration council who deal with these matters http://www.arbitrationcouncil.org/en/ab ... quirements
as for lawyers, a very useful list here on this thread
http://www.khmer440.com/chat_forum/view ... hp?t=47036
* and you can brush up on the law here http://www.khmerlex.com/Site/images/lib ... %20Law.pdf
as for lawyers, a very useful list here on this thread
http://www.khmer440.com/chat_forum/view ... hp?t=47036
* and you can brush up on the law here http://www.khmerlex.com/Site/images/lib ... %20Law.pdf
- Miguelito
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Is there a legally set probation period, or does it need to specified in the contract?
As for the arbitration council, both parties need to agree to use it and therefor abide by their decision (same as any arbitration in the world). I doubt that his employment contract specified the use of arbitration if a dispute arises (although I could be mistaken). As it is, the arbitration council just settled its first case, I believe.
As for the arbitration council, both parties need to agree to use it and therefor abide by their decision (same as any arbitration in the world). I doubt that his employment contract specified the use of arbitration if a dispute arises (although I could be mistaken). As it is, the arbitration council just settled its first case, I believe.
I used BNG Legal ( thomas ) when a Khmer company tried to fuck me over after just one month in the job.
Got 4 months pay.
Got 4 months pay.
Rated R for Ricecakes
Maybe, you should put yourself in front of a huge mirror to find out why this happened. Employers aren't idiots and have good intentions when they do hire new people. Hiring with bad (long term) intentions and/or bad attitude towards new people does not work and only costs an employer a lot of money due to attention towards non-business items.AnxietyPlus wrote:Anyone able to refer me to a good lawyer in Phnom Penh who can file a lawsuit against my employer for dishonoring our employment contract, signed just last month? Or do you know the best way to take my complaint to the Court of Arbitration?
You maybe have over boosted your capabilities and/or have a big mouth when confronted with the reality of work and/or show little respect to your employer or other employees ? You would not be the first to one to do so.
And, yep, I am an employer, Western, myself, so know what I do talk about. Khmer employers tend to be little different in their intentions from Western ones.
Given your k440 handle, you already seem to have recognized some behaviour issues with yourself.
Good luck to recover from your own problems.
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You really should give more info about the nature of the dispute, what contract terms were breached, and how much money is at stake.
The advice will be different if it's a $1,000 dispute or a $100,000 dispute, if the employer is a foreign multi-national company or a Khmer dude, etc.
Tell us what happened.
The advice will be different if it's a $1,000 dispute or a $100,000 dispute, if the employer is a foreign multi-national company or a Khmer dude, etc.
Tell us what happened.
Follow my lame Twitter feed: @gavin_mac
Cool your jets Guys asked a pretty simple ?v12 wrote:
You maybe have over boosted your capabilities and/or have a big mouth when confronted with the reality of work and/or show little respect to your employer or other employees ? .....
Given your k440 handle, you already seem to have recognized some behaviour issues with yourself.
Give yourself a pat on the back won't you.And, yep, I am an employer, Western, myself, so know what I do talk about.
Rated R for Ricecakes
Please tell me this is a TEFLer suing Home of English, ELT, etc...
"Those who can, do. Those who can't, teach. Those who can't teach, teach English."
Credit Jacked Camry & LTO
Credit Jacked Camry & LTO
v12 wrote:Maybe, you should put yourself in front of a huge mirror to find out why this happened. Employers aren't idiots and have good intentions when they do hire new people. Hiring with bad (long term) intentions and/or bad attitude towards new people does not work and only costs an employer a lot of money due to attention towards non-business items.AnxietyPlus wrote:Anyone able to refer me to a good lawyer in Phnom Penh who can file a lawsuit against my employer for dishonoring our employment contract, signed just last month? Or do you know the best way to take my complaint to the Court of Arbitration?
You maybe have over boosted your capabilities and/or have a big mouth when confronted with the reality of work and/or show little respect to your employer or other employees ? You would not be the first to one to do so.
And, yep, I am an employer, Western, myself, so know what I do talk about. Khmer employers tend to be little different in their intentions from Western ones.
Given your k440 handle, you already seem to have recognized some behaviour issues with yourself.
Good luck to recover from your own problems.
no wonder this place has a bad rep....
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