SECTION VI - PAID ANNUAL LEAVE Article 166
Unless there are more favourable provisions in collective agreements or individual labour
contracts, all workers are entitled to paid annual leave to be given by the employer at the rate of one and a half work days of paid leave per month of continuous service.
Any worker who has not worked for two continuous months is entitled, at the termination of his labour contract, to compensation for paid leave calculated in proportion to the amount of time he worked in the enterprise.
For jobs that are not performed regularly thro ughout the year, a worker is considered to have met the condition of continuous service if he works an average of 21 days per month.
The length of paid leave as stated above is increased according to the seniority of workers at the rate of one day per three years of service.
Official paid holidays and sick leave are not counted as paid annual leave.
Article 167
The right to use paid leave is acquired after one year of service.
If the contract is terminated or expires before the worker has acquired the right to use his paid-leave, an indemnity calculated on the basis of Article 166 above is granted to the worker.
Apart from this, any collective agreement providing compensation in lieu of paid leave, as well as any agreement renouncing or waiving the right to paid annual leave, shall be null and void.
Acceptance by the worker to defer all or part of his rights to paid leave until the termination of the contract is not considered as renunciation. Deferment of this leave cannot exceed three consecutive years and can only apply to leave exceeding twelve working days per year.
Article 168
Before the worker departs on leave, the employer must pay him an allowance that is at least equal to the average wage, bonuses, benefits, and indemnities, including the value of benefits in kind, but excluding reimbursement for expenses, that the worker earned during the twelve months preceding the date of departure on leave. This allowance shall in no case be less than the allowance that the worker would have received had he actually worked.
Article 169
The length of continuous service set out in Article 166 must cover the entire period during which the worker has a labour contract with the employer, even if the work was suspended without a termination of the contract.
Included in the period for which the worker is entitled to paid leave each year is as follows:
- weekly time off;
- paid holidays;
- sick leave;
- maternity leave;
- annual leave and notice period; and
- special leave granted up to a maximum of seven days during any event directly affecting the worker's immediate family.
On the contrary, special leave for personal reasons is not included when calculating the eligibility period for paid annual leave if the time off was not made up.
Article 170
In principle, annual leave is normally given for the Khmer New Year unless there is a different agreement between the employer and the worker. In this case, the employer must inform the Labour Inspector of this arrangement.
In every case of the paid annual leave exceeding fifteen days, employers have the right to grant the remaining days-off at another time of the year, except for the leave for children and apprentices less than eighteen years of age.
SECTION VI - PAID ANNUAL LEAVE Article 166
Unless there are more favourable provisions in collective agreements or individual labour
contracts, all workers are entitled to paid annual leave to be given by the employer at the rate of one and a half work days of paid leave per month of continuous service.
Any worker who has not worked for two continuous months is entitled, at the termination of his labour contract, to compensation for paid leave calculated in proportion to the amount of time he worked in the enterprise.
For jobs that are not performed regularly thro ughout the year, a worker is considered to have met the condition of continuous service if he works an average of 21 days per month.
The length of paid leave as stated above is increased according to the seniority of workers at the rate of one day per three years of service.
Official paid holidays and sick leave are not counted as paid annual leave.
Article 167
The right to use paid leave is acquired after one year of service.
If the contract is terminated or expires before the worker has acquired the right to use his paid-leave, an indemnity calculated on the basis of Article 166 above is granted to the worker.
Apart from this, any collective agreement providing compensation in lieu of paid leave, as well as any agreement renouncing or waiving the right to paid annual leave, shall be null and void.
Acceptance by the worker to defer all or part of his rights to paid leave until the termination of the contract is not considered as renunciation. Deferment of this leave cannot exceed three consecutive years and can only apply to leave exceeding twelve working days per year.
Article 168
Before the worker departs on leave, the employer must pay him an allowance that is at least equal to the average wage, bonuses, benefits, and indemnities, including the value of benefits in kind, but excluding reimbursement for expenses, that the worker earned during the twelve months preceding the date of departure on leave. This allowance shall in no case be less than the allowance that the worker would have received had he actually worked.
Article 169
The length of continuous service set out in Article 166 must cover the entire period during which the worker has a labour contract with the employer, even if the work was suspended without a termination of the contract.
Included in the period for which the worker is entitled to paid leave each year is as follows:
- weekly time off;
- paid holidays;
- sick leave;
- maternity leave;
- annual leave and notice period; and
- special leave granted up to a maximum of seven days during any event directly affecting the worker's immediate family.
On the contrary, special leave for personal reasons is not included when calculating the eligibility period for paid annual leave if the time off was not made up.
Article 170
In principle, annual leave is normally given for the Khmer New Year unless there is a different agreement between the employer and the worker. In this case, the employer must inform the Labour Inspector of this arrangement.
In every case of the paid annual leave exceeding fifteen days, employers have the right to grant the remaining days-off at another time of the year, except for the leave for children and apprentices less than eighteen years of age.
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