How can I get a valid Work Permit in Siem Reap Cambodia

How can I get a valid Work Permit in Cambodia? 

·         Under the 1997 Labor  Law (as amended) and the 1994 Immigration Law, foreigners who wish to work in Cambodia are required to have a valid E visa issued by the Cambodian embassy, consulate or immigration authorities at the port of entry.

·         The most recent laws that formally govern work permits are Prakas No. 195, 20 August 2014, “On Work Permits and Employment Cards for Foreigners”; and  Prakas No. 196, 20 August 2014, “On Employment of Foreign Labor”.

·         Employees must have a work permit and an employment card issued by the Ministry of Labor and Vocational Training. The process demands that business owners first must register their company.

·         When registering a business in Cambodia, the Company must make a “Declaration of Opening a Business” in writing and deliver it either to the Ministry of Labor  and Vocational Training for companies with more than 100 employees or to the Department of Labor  and Vocational Training for 100 employees and less.

·         Having done this, the company must register all of its staff with the DOL. Don't forget, this includes both foreign and Khmer staff.

·         If the Company wishes to use foreigners as employees, the Company must request a permit for employment of foreign labor (Quota). This is done by both a Request Form and a Request Table, for use of foreign workforce.

·         If the rate of foreign labor exceeds 10 percent of the total employees, a request letter must be sent which thoroughly and clearly explains the positions in excess of the quota and the specialty and professional skills of each of these foreign workers. A penalty payment normally applies for each worker in excess of the quota.

·         Foreigners are issued a Foreign Work Permit and Foreign Employment card.

·         Although by law the Company is required to make a declaration in writing each time an employee is hired or dismissed, in practice the Company should register new employees as they are hired and provide the work book and card to departing employees.

·         Labor Inspectors routinely update the company’s Labor records for incoming and outgoing employees when the company is audited.

·         Once the company and staff are registered, workbooks will be issued for all staff. After registration, however, the Department of Labor can request staff status updates.

·         As part of this process, the DOL ask for extensive details about employees listed for a company, including foreigner quotas, and expect this information to be updated every time the employees of a business change.

·         This may be a somewhat expensive process, especially if you employ a large number of staff at your company, and if your registration is long overdue.

·         While this was once an unenforced law, Government inspectors have now begun foreign Labor  inspection at workplaces in order to fully enforce the law, including a comprehensive review of the declaration of personnel and its updates, quota approval for foreign Labor  usage, employment contracts for foreigners, employment cards and work permits, valid passports, valid visas of the appropriate type, and foreign workers themselves.

·         Non-compliance can lead to a fine and/or imprisonment. In order to get a business visa now, one also needs to be able to show a valid work permit.