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Working Overtime Outside of Normal Working Hours, Working on Paid Holidays, and Suspending Weekly Rest Periods, Prakas 2025

May 13, 2025
INSIGHTS

Introduction:

On May 6, 2025, the Ministry of Labor and Vocational Training (MLVT) issued Prakas No. 112/25 concerning overtime work beyond normal working hours, work on paid holidays, and the suspension of weekly rest periods. The purpose of this Prakas is to establish clear conditions and procedures for the application and calculation of overtime work. This Prakas shall take effect from the date of its issuance onward.

Key Provisions:

The conditions and procedures for applying to work overtime beyond normal hours, on paid holidays, or suspending weekly rest periods.

The owner or director of the enterprise must submit information regarding overtime beyond normal working hours, work performed on paid holidays and suspension of weekly rest, through the Joint Employment Data Management System at https://lacms.mlvt.gov.kh at least three working days before the work begins.

Work Overtime Beyond Normal Hours

The owner or director of an enterprise may request workers to perform overtime beyond normal working hours in specific situations, such as conducting inventory, balancing accounts, or addressing an unusually high workload due to unforeseen circumstances. This overtime must be voluntary, and no worker shall be coerced or disciplined for refusing to participate. Overtime shall be compensated at 150% of the regular wage for work performed during the day, and at 200% for work performed between 10:00 p.m. and 5:00 a.m. Additionally, for establishments employing night workers, the employer is required to either provide suitable sleeping arrangements or ensure safe transportation home after work.

Working on Paid Holidays

The owner or director of the enterprise shall permit workers to take paid leave in observance of public holidays, as determined annually by a Prakas of the Minister of Labor and Vocational Training. In cases where the enterprise cannot suspend operations during such holidays, the owner or director may arrange with workers to perform work on these days. However, such work must be carried out on a voluntary basis. Workers who perform work on paid holidays shall be entitled to additional compensation equal to their regular daily wage.

Suspending Weekly Rest Period 

Owners or directors of certain enterprises may reduce workers’ weekly leave by up to two (2) days in a given month to compensate for work missed due to bad weather, provided that the two days are not consecutive weekly rest days. In such cases, the compensatory leave must be arranged within thirty (30) days and granted during the month following the weather-related disruption. Furthermore, if workers are required to work on their weekly day of rest as a result of this adjustment, they must be compensated at twice (2x) their regular daily wage.

Consequences for Non-Compliance 

Any individual or company that violates the provisions of this Prakas shall be subject to fines or legal sanctions in accordance with Chapter 16 of the Labor Law. Specifically, failure to comply with Article 139 (New) concerning overtime work beyond regular hours, or Article 162 (New) regarding work performed on paid holidays, may result in a penalty equivalent to 31 to 60 days of the employee’s daily wage. However, the Cambodian Labor Law does not explicitly prescribe any penalties for non-compliance related to the suspension of the weekly rest period.

Conclusion:

Prakas No. 112/24, issued by the Ministry of Labor and Vocational Training on May 6, 2025, introduces clear conditions and procedures governing overtime work, work on paid holidays, and the suspension of weekly rest periods. It emphasizes prior approval through the Joint Employment Data Management System and mandates that all such work must be voluntary and fairly compensated. The Prakas also includes provisions to protect worker welfare, particularly in cases involving night work or rest period adjustments. Non-compliance may result in legal penalties under Chapter 16 of the Labor Law, though the law remains silent on penalties related to the suspension of weekly rest. This regulatory update reinforces the government’s commitment to balancing enterprise needs with the protection of workers’ rights.

Author

Related Practices

  • Labour Law

Location

Cambodia