You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 8, 2020

Cambodia Bolsters Tourism Sector with Tax Incentives, Emphasizes Human Resource Development Moving Forward

Bangkok Post Human Resources Watch

The landscapes, world heritage sites, and hospitality of Cambodia have drawn increasing numbers of visitors in recent years, and at the beginning of 2020 the country was primed to see the continued growth of its tourism sector well into the new decade. Early projections estimated that Cambodia would welcome greater numbers of tourists despite the worldwide economic slowdown, and projected tourism rates were in keeping with the Tourism Ministry’s lofty goal of attracting 11 million tourists annually by 2025.

But the COVID-19 pandemic—though not resulting in any deaths in the kingdom—has dealt a heavy blow to the country’s tourism industry. To overcome the dry spell of travellers this rainy season, the Ministry of Tourism has begun working with partner ministries to incentivise employers and employees in the industry to keep their businesses and trades afloat.

A focus on training Cambodia’s youthful labour force has long been at the top of the Ministry of Tourism’s list of priorities.

The kingdom’s successful “China-Ready” Initiative—which for years encouraged businesses in Cambodia’s tourism industry to hire Chinese-speaking staff, translate menus and advertisements, and facilitate payment in yuan—saw the country welcome nearly seven million foreign tourists in 2019, more than a third of whom were from China.

As the numbers dwindled and then stopped while the outbreak took hold around the world, it became clear that much more would be needed for the industry get through the extraordinary challenges and recover its bright outlook.

Beginning in March, the Ministry of Economy and Finance announced several measures to support hotels, guesthouses, restaurants, and travel agents conducting business in Bavet, Kampot, Kep, Phnom Penh, Poipet, Preah Sihanouk, and Siem Reap. Businesses operating in these specified industries and cities have been exempted from paying monthly taxes from March through July of this year, though they are obligated to continue filing tax returns to allow the government to keep track of the sector’s health.

With an eye toward keeping the sector’s trained and experienced hospitality workers, servers, chefs and tour guides economically cared for through this industry-wide slump, officials have noted that employers who receive this tax incentive can choose (but are not required) to pass on their tax savings to the employees themselves, boosting the workers’ monthly salaries.

The Cambodian government has also committed to paying approximately 20% of the minimum wage to employees affected by the suspension of their employment due to the cessation of tourism-related business operations in 2020. Employers are expected to contribute additional funds to employees’ monthly payments if they are economically able. Though the Tourism Ministry originally required that all employees receiving this payment attend a mandatory training session, this requirement has since been suspended.

Additional measures taken by the government include the deferral of tax on income payments for 2019, which can be made in instalments through November this year, and a commitment by the Department of Taxation to forego auditing many affected businesses through the end of 2020.

These initiatives are a boon to the thousands of businesses and hundreds of thousands of employees facing economic strife due to COVID-19. At the outset of the year, approximately 650,000 employees worked in the country’s hotel industry alone, according to the Cambodian Hotel Association. While this number has declined, the hope is that these employees—many of whom have undergone extensive training and spent years working in the industry—will be drawn back to the sector as soon as tourism begins to flourish again.

And even in the face of the pandemic, Cambodia is making strides to promote tourism in a post-COVID-19 world. In early June, the government reiterated its commitment to signing a memorandum of understanding with Timor-Leste that will focus on developing new tourism products and promoting additional training for employees in the industry. Though projections for tourism growth have had to be altered, the kingdom expects to preserve the tourism sector by reallocating resources and further investing in skills-based training across the industry.

Human resource development doesn’t start and end with employee training—it also entails training future leaders of the country who could themselves one day be faced with keeping businesses afloat in times of crisis. This goal was recently aided by an infusion from Japan’s Official Development Assistance Grant, which, on June 7, pledged USD 3.2 million in human resource development scholarships for young government officials keen on attending graduate school in Japan.

In late June, at a public discussion on the post-COVID-19 economy, officials and entrepreneurs emphasised sustaining job creation and further marrying the tourism industry with high-tech initiatives and training. “We must be bold in our strategic vision,” David Van, a local entrepreneur, told a local newspaper at the event, “and start planting seeds, with our vision set 10 to 20 years on the horizon.”

While it remains to be seen whether these and other actions of the Cambodian government will be enough to revitalise the country’s tourism industry after the severe blow of COVID-19, it is encouraging that human resources concerns—such as the economic survival of the workforce and the retention of well-trained, experienced employees—are not being overlooked in the crisis response.

 

This article was originally published in the Bangkok Post and is reproduced here with permission and thanks.

RELATED INSIGHTS​ 

March 27, 2024
Cambodia’s Ministry of Labor and Vocational Training issued the Notification on the Compensation for Terminating an Employment Contract on March 21, 2024, clarifying the compensation due to employees upon the termination of their employment contracts. The notification outlines different requirements depending on the nature of the termination and the type of employment contract, as laid out below. Termination without Valid Reason and in Absence of Serious Misconduct If an employment contract has been terminated by an employer without a valid reason and the employee did not commit any serious misconduct as defined under the relevant article of the Labor Law, the employer must compensate the employee as follows: Fixed-Duration Contract: Wages that have not yet been paid; Unused and unpaid annual leave through the termination date; Severance payment equal to at least 5% of the wages paid to the employee during the length of the contract; and Damages for being laid off before the expiration date of the fixed-duration contract, at least equal to the wages the employee would have received had he or she completed the original contracted term of employment. Unspecified-Duration Contract: Wages that have not yet been paid; Unused and unpaid annual leave through the termination date; Compensation in lieu of notice if the employer did not give prior notice in accordance with the Labor Law; Seniority indemnity for the semester that the employee is terminated and total seniority back payments that have not been paid; and Damages for being laid off, in an amount equal to the seniority payment received during the employment contract. Termination in Cases of Serious Misconduct Employees who commit any serious misconduct as defined under the Labor Law (regardless of whether they are under a fixed-duration or unspecified-duration contract) are entitled only to the following compensation: Wages that have not yet
March 18, 2024
Lawyers from Tilleke & Gibbins’ labor and employment team have contributed a new Vietnam chapter to Thomson Reuters Practical Law’s Employment and Employee Benefits Global Guide. The guide provides a high-level comparative overview of employment laws and regulations across various jurisdictions around the world. Tilleke & Gibbins also contributed the Myanmar chapter of the guide. The Vietnam chapter covers a wide range of typical employment matters, such as limitations on working hours, paid leave requirements, minimum wage, and health and safety obligations. In addition, the guide provides insight on a number of topics of special interest to foreign investors doing business in Vietnam, including the following: Mandatory contents of a labor contract; Visas and permits required for expatriate employees; Employers’ obligations for protecting employees’ privacy and personal data; Procedural requirements for the dismissal of an employee; Employer and parent company liability. To view the latest version of Employment and Employee Benefits, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
February 28, 2024
The Myanmar Investment Commission (MIC) has announced the opening of the trial period for MIC-permitted or MIC-endorsed companies to reenter investment data for using the Myanmar Investment Online (MyInO) system. The trial period is open until June 30, 2024. The MyInO system allows for the submission and recordal of applications for investment under the Myanmar Investment Law. With the implementation of phase 2 from September 1, 2023, applications for the appointment or resignation of foreign experts and employees within MIC-permitted or MIC-endorsed companies can now be submitted manually or through the Investment Monitoring System available on MyInO. To initiate the application process in MyInO, applicants are required to create an account on the platform. Subsequently, companies holding an MIC permit or endorsement must reenter all investment-related data since the obtaining of the relevant permits/endorsements, in compliance with the announcement. Following this data update, applications can be filed through MyInO. After this trial period, the submission of applications for appointments will be available online. The benefit of using MyInO to submit a foreign expert or employee appointment or resignation application is that the application can be submitted within 30 days of the foreign expert’s arrival in Myanmar. In contrast, hard copy applications must be submitted within seven working days of arrival. According to the Myanmar Investment Law, a foreign expert is one who qualifies as a senior manager, technical or operational expert, or advisor in permitted or endorsed companies within Myanmar. For assistance with completing the investment data reentry process or filing applications for appointment or resignation of foreign experts or employees, or for further details on any aspect of the Investment Monitoring System under MyInO, please contact Tilleke & Gibbins at [email protected].
February 9, 2024
Tilleke & Gibbins employment specialists in Myanmar have contributed an updated Employment and Employee Benefits in Myanmar overview for Thomson Reuters Practical Law, an online publication that provides an overview of employment and employee benefits in jurisdictions worldwide. The Myanmar overview was written by members of Tilleke & Gibbins’ Yangon office, including Yuwadee Thean-ngarm, director; Nwe Oo, senior associate; and Kyaw Min Tun, associate. The chapter covers a wide range of key employment topics, including employment status, background checks, regulation of the employment relationship, minimum wage, working hours and holidays, illness and injury of employees, discrimination and harassment, termination of employment, resolution of employer-employee disputes, redundancy/layoffs, employee representation and consultation, business transfer and insolvency, employee relocation, health and safety obligations, taxation of employment income, intellectual property issues, and more. Practical Law, one of the many legal reference resources from Thomson Reuters, publishes a wide range of guides for hundreds of jurisdictions and practice areas. The Employment and Employee Benefits Global Guide covers 44 jurisdictions around the world, with Tilleke & Gibbins also providing the Vietnam chapter of the guide. To view the latest version of the Employment and Employee Benefits in Myanmar overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.