Termination of employment can occur in Cambodia during the probation period, at the end of the contract term (if a fixed-term contract), by the employer (with or without cause) or by the employee. Employment may be terminated without notice by the employer or employee during the probation period. The probation period in Cambodia is:
three months for regular employees,
two months for specialized employees, and
one month for unskilled employees.
An employee can terminate employment without notice for serious misconduct by the employer. Serious misconduct includes failure to pay insurance, not paying or delaying salary, or directly or indirectly threatening employee. Likewise, employers may terminate employment without notice for serious misconduct by the employee, including stealing, misappropriation, fraud, sabotage and breach of confidentiality. Fixed-term contracts terminate at the end of the contract period unless renewed. Employers may need to notify employees if they intend to renew the contract or let it expire. If the length of the contract is less than six months, no notice is required. The notice period is 10 days for contract terms that are at least six months but less than a year, and 15 days for contract periods of one to two years. If no notice is provided, the contract will renew for the same period. Absent a fixed contract or cause or outside the probation period, an employer must have a reason for terminating the contract and provide notice to the employee. This can include termination for performance, behavior or economic reasons. The notice period depends on the employee’s length of service:
seven days of notice for employees with up to six months of service,
15 days of notice for employees with six to 24 months of service,
one month of notice for employees with two to five years of service,
two months of notice for employees with five to 10 years of service, and
three months of notice for employees with more than 10 years of service.
Employers may provide pay in lieu of notice. Employees are entitled to two paid days of leave each week during the notice period to look for work. Employees are entitled to severance pay on termination of a fixed term contract.