The Royal Government of Cambodia issued a Sub-decree No. 101 on Compensated Holidays for Khmer New Year for five days from 17 to 21 August 2020 dated 15 July 2020 (“Sub-decree 101”). Additionally, the Ministry of Labour and Vocational Training issued Prakas 242/20 on the same Compensated Holidays for Khmer New Year above dated 16 July 2020 (“Prakas 242”). These compensated holidays are applicable to all civil servants in the public sector and all employees of factories or enterprises under the scope of the Labour Law (private sectors).
Sub-decree 101 and Prakas 242 set out the compensated paid holidays for five days from 17 to 21 August 2020 for Khmer New Year holidays which were suspended in April 2020 by Sub-decree 50 of the Royal Government of Cambodia.
Further, Prakas 242 provides that for factories or enterprises which the nature of their operation could not be stopped and required to be operated regularly that all employees taking holidays at the same time would be detrimental to the public or jeopardize the normal operation of factories or enterprises, they shall arrange for employees to take holidays by rotation. During this rotation period, employers can recruit temporary employees to replace those employees who take holidays.
In case there is agreement between individual employee and employer, or provisions in the internal work rules of the factory or enterprise, or a collective bargaining agreement, these holidays can be taken in a different time other than the above dates.