This publication on Contemporary Cambodian Labor and Employment Law is a joint effort of Cambodian and Australian researchers who provide their respective views on topical and unexplored issues and ideas relating to provisions of Cambodian and Australian labor law, copyright law and disability law. The publication aims to promote new Cambodian academic voices on labor issues and grow Cambodia’s labor law community.
The papers do not reflect the views of the editorial team, but instead explore the authors’ views from different angles.
CHAPTER 1: Perspectives on the Application of the Cambodian Labor Law During the COVID-19 Pandemic: Suspension, Termination, and Mass Layoff. This article analyses the provisions of the Cambodian Labor Law related to suspension, termination, and mass layoffs during the COVID-19 pandemic. The analysis focuses on the interpretation of the black letters in the labor law defining COVID-19 as a force majeure and the use of it as a ground for suspension, termination, and mass layoff. It explores whether the ambiguity in the law requires an amendment in order to adapt to the new normal.
CHAPTER 2: Employment of Persons with Disabilities: Perspectives of Persons with Physical Disabilities. This paper examines the views of persons with disabilities (PWDs) on how laws relating to employment and disability are implemented in practice and the challenges that remain for Cambodian PWDs in the workplace.
CHAPTER 3: Non-permanent forms of work in Australia and Cambodia: A Comparative study. This article examines the widespread use of non-permanent employment forms of work in Australia and Cambodia. It provides an overview of the legal frameworks that establish these forms of work and summarise their benefits and drawbacks for workers. It outlines how these forms of work are used in the labour market of each country and summarise key cases and decisions that guide their application.
CHAPTER 4: Copyright Interests during Employment: Some Guidance for Decision-Making. This chapter explores the factors and legal frameworks that establish copyright ownership in Cambodia as well as in other jurisdictions. It makes recommendations on how to balance benefits between employees and employers over copyrighted works created during employment.
The editors wish to thank the authors, the Faculty of Law and Public Affairs at the Paññāsāstra University of Cambodia, the Solidarity Center Cambodia team and support provided by USAID through the Labor Rights in Cambodia (LRIC) project.
Phnom Penh, September 2021
KONG Phallack & Keelia Fitzpatrick