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​ 

August 23, 2021
Since July 13, 2021, the Thai government has issued a series of resolutions offering relief measures for persons insured under sections 33 (regular employees), 39 (former employees still paying contributions to the SSO) and 40 (freelancers) of the Social Security Act B.E. 2533 (1990) (the SSA) who have been affected by the COVID-19 prevention measures under the Emergency Decree on Public Administration in Emergency Situations B.E. 2548 (2005), including the business closures required in some provinces. The latest cabinet resolution extends relief measures to SSA-insured persons in 29 provinces designated as maximum control areas (or “dark red” provinces). The provinces are grouped into three categories based on when they received that designation (which, in turn, impacts the duration of the relief which they receive): Two types of relief measures have been announced—one for parties under section 33 of the SSA, and one for parties under sections 39 and 40.   Section 33 (Regular Employees) Monetary assistance is available for Thai nationals insured under section 33 of the SSA (and their employers) engaged in the following business activities: Administrative and support activities Arts, entertainment, and recreation Automotive repair Construction Food and accommodation Information and communication activities Professional activities in science and academia Services Transportation and storage Wholesale/retail Employers must submit an application to the Social Security Office (SSO) through the online portal (www.sso.go.th/eservices) in order for them and their employees to receive the assistance payments. Each qualifying employee receives THB 2,500 per month if they are registered with the SSO within the deadline, while registered employers receive THB 3,000 per qualifying employee, up to a maximum of 200 employees (i.e., THB 600,000), as summarized in the table below.   Section 39 (Former Employees Still Paying SSO Contributions) and Section 40 (Freelancers) THB 5,000 assistance payments are available for Thai employees insured
August 23, 2021
Ho Chi Minh City has been locked down for months in an effort to fight the challenging fourth wave of the Covid-19 pandemic. We explore the various options available to employers to cut labor costs, as well as government relief measures to support both workers and employers.
August 5, 2021
With the latest wave of COVID-19 continuing to have a serious impact on Thailand, many businesses have been looking for ways to survive. Some have temporarily reduced employees’ wages, while others have resorted to a complete or partial halt to operations. In these unprecedented circumstances, it is vital that business owners understand the legal criteria and steps for implementing a temporary cessation of operations in Thailand, as outlined in this article. Any business can apply for a temporary cessation of operations under section 75 of the Labor Protection Act (LPA) if there is a necessity and a significant cause, such as the business being unable to operate as usual, and if the necessity is not considered force majeure under Thai law. (If it is deemed force majeure, an employer may be able to withhold all wages—more on this below.) If these criteria are met, the employer can choose whether to seek temporary cessation of operations on a whole or partial basis, depending on the actual situation and necessity. The employer then has to inform a labor inspection officer and the employees at least three business days in advance of the intended cessation of operations. Once this is done, operations may be halted, but the employer must pay employees at least 75 percent of their wages, calculated based on the rate on their latest working day, and these payments must continue throughout the entire cessation period. “Necessity” and force majeure Though the LPA does not indicate what qualifies as a “necessity” allowing an employer to call for a temporary cessation, past rulings from the Supreme Court provide some guidance on this issue. For instance, reduced purchase orders from customers and financial difficulties faced by the employer can amount to a situation of “necessity.” Additionally, the situation has to be significant
July 28, 2021
Lawyers from Tilleke & Gibbins’ labor and employment team including Kien Trung Trinh, Sarah Galeski, and Nam Ngoc Trinh have written the Vietnam chapter of Practical Law’s Employment and Employee Benefits Global Guide. The 2021 edition of the handbook provides a high-level comparative overview of employment laws and regulations across 32 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. The 2021 edition also includes a special section on Covid-19 related provisions of labor law. To read the Vietnam chapter, click on the link below.