Annual Labour Compliance Obligations
Enterprises are subject to various labour obligations and filing requirements pursuant to the Labour Law and its implementing regulations.
To assist with your annual labour compliance, we have prepared a detailed compliance calendar that provides information on each requirement, associated penalties and the deadlines for each filing. You can access our compliance calendar by clicking on the link below button.
Self-Declared Labour Inspection
The Ministry of Labour and Vocational Training (“MLVT”) issued Prakas 358/21 on Launching of Self-declared Labour Inspection and Labour Inspections through Automatic System on 30 December 2021, introducing a new online self-declared labour inspection system. The implementation of this self-declaration is designed to enhance the compliance culture within each enterprise. It allows an enterprise to assess its level of compliance with the Labour Law and rectify any non-compliance areas prior to any physical inspection by a labour inspector.
From January 2022, enterprises have been required to complete self-declared labour inspections via the MLVT online system. Under this self-declared labour inspection, enterprises are required to conduct self-assessments, including providing supporting documents with respect to its compliance with the Labour Law and implementing regulations prior to the physical inspection conducted by the labour inspector.
The self-declared labour inspection must be undertaken twice per year prior to June and December, respectively. The enterprises are also obliged to update information in the self-declared labour inspection prior to the date that the labour inspector conducts an ordinary inspection of the enterprises.
In accordance with Notification 022/22 on the Implementation of the Self-declared Labour Inspection through the Automatic System dated 27 May 2022, there are 31 prioritized compliance matters. The 31 prioritized compliance points are covered under the following five main categories:
- internal work rules and its compliance;
- general working conditions including, but not limited to, minimum wages, payment of seniority pay, termination payment, overtime, discrimination, child labour, sexual harassment, pregnant women, foreign employee quota, work book and work permit;
- occupational health and safety;
- social security; and
- industrial relations.
Non-compliance with any of these points may result in the imposition of administrative fines by the labour inspector.
Please note that the labour inspector will only conduct an ordinary inspection of each enterprise once per year except in the case of a special inspection to follow up on a corrective order, a special inspection in response to a complaint filed with the MLVT or based on information received with regards to non-compliance by an enterprise.
We hope you find this publication useful and informative. If you have any questions or need any assistance with your annual labor compliance, please do not hesitate to contact us. Should you need any further information or any support, please reach out to us at: labor.kh@dfdl.com.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
