On March 4, 2025, Cambodia’s Ministry of Labor and Vocational Training (MLVT) issued Prakas No. 073/25 on Procedures for Resolving Individual Labor Disputes, replacing Prakas No. 318 on the same topic from 2001 and introducing significant changes to how individual labor disputes are filed, processed, and escalated.
In addition, Prakas No. 073 outlines the roles and responsibilities of labor inspectors, the process for filing and handling complaints, and the steps for conciliation and further legal recourse, as described below.
Filing a Complaint
Any party to an individual labor dispute can file a complaint with the Labor Dispute Department of the MLVT or the Department of Labor at the capital or provincial level. Upon receiving a complaint, a labor inspector will review the case and may initiate either conciliation or a labor inspection. Invitation letters will be issued to the disputing parties to provide relevant information and documents.
Conciliation Process
Prakas No. 073 places strong emphasis on the conciliation process, introducing strict procedural rules and deadlines with clear consequences for noncompliance:
- If the claimant fails to provide required information within the specified deadline (or within three working days thereafter without reasonable excuse), the complaint is deemed void.
- If the respondent fails to attend the conciliation meeting within the deadline (or within three working days thereafter without reasonable excuse), the conciliation is considered unsuccessful, and the respondent is deemed guilty as claimed.
Once all necessary information is gathered, a labor inspector will invite both parties to a joint conciliation meeting, which must be held within three weeks of the complaint being received.
- If the claimant fails to attend the meeting or sign the minutes without a reasonable excuse, the complaint is void.
- If the respondent fails to attend the meeting without a reasonable excuse, the conciliation is unsuccessful, and the respondent is deemed guilty as claimed.
If conciliation fails, the parties may jointly request further reconciliation by the MLVT within two working days. The MLVT may appoint or change the conciliator. If this second attempt fails, no further reconciliation may be requested, and the parties must proceed with a different dispute resolution mechanism.
Referral to Arbitration Councils
During the conciliation, either party may request referral of the matter to the Arbitration Council, an independent, national institution empowered to assist in resolving labor disputes. In such a case, the labor inspector must report this within two working days to the minister of the MLVT, who will then refer the case to the Arbitration Council within three working days (except for complaints deemed void).
Conclusion
Prakas No. 073 introduces a structured and time-bound framework for resolving individual labor disputes, emphasizing prompt conciliation, clear procedural requirements, and defined avenues for further legal action. It aims to enhance the efficiency and fairness of dispute resolution, particularly in individual labor cases.
