Cambodia Extends Deadline for Foreign Employee Quota Application
Cambodia has extended the deadline for the foreign employee quota application to January 31, 2022, two months after the original deadline.
Businesses in Cambodia employing or intending to employ foreign employees must apply for a foreign employee quota to the Ministry of Labor and Vocational Training (MLVT). The MLVT imposes a maximum 10 percent quota of an employer’s total workforce for the use of foreign employees. This comprises office employees (three percent), skilled labor (six percent), and unskilled labor (one percent).
Once a company has received its quota, it can then apply for work permits through the Foreign Workforce Centralized Management System (FWCMS).
Can businesses exceed the quota?
If a business wants to exceed the 10 percent quota, it will have to adhere to the regulations under Prakas 277/20 (Prakas 277/20) concerning Special Conditions on the Employment of Foreign Nationals, which was issued in August 2020.
Under Prakas 277/20, if a business wishes to hire foreign nationals in excess of the foreign employee quota, they will need prior MLVT approval.
Businesses that are unable to find qualified Cambodian nationals or sufficient numbers of qualified Cambodian nationals can request an increase in the employment cap.
Directors or owners will need to adhere to the following procedures:
- Submit a request to the MLVT to employ foreign employees with their employment contracts attached;
- Apply for work permits through the FWCMS website;
- Pay the official fees for the issuance of the work permits; and
- Submit visa or residence permits to the MLVT.
How do you obtain a work permit?
Foreign workers looking to work in Cambodia will need a valid business visa (E-class visa). The E-class visa is initially valid for a period of 30 days. The visa can be extended for a period of one month, three months, six months, or a maximum of one year at a time, by filing an application at the immigration department of the Ministry of Interior (MoI).
The six- and 12-months visas allow applicants multiple entries into Cambodia, while the one-month and three-month visas permit single entry.
E-visas can be obtained at the employee’s nearest Cambodian embassy as well as upon arrival at Phnom Penh international airport.
In addition to an E-visa, a foreign worker must also obtain a work permit and employment card. This is the responsibility of the employer who will apply through the MVLT.
The company will need to provide the following information to the MVLT:
- Certificate of incorporation with company stamp;
- Registered business address;
- Tax patent with company stamp;
- Foreign employee quota approval;
- An approval from the Ministry of Commerce; and
- An article of incorporation of the company.
The documents required at the employee level:
- Three sets of the application form as issued by the MOI;
- Copy of passport with a valid visa;
- Three photographs (4×6);
- Health certificate; and
- Written work contract from the employer.
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