Job Protection
No Harmful Work
There is no provision in the law which prohibits employers from giving such work to pregnant workers which is harmful to their health.
However, during the first two months of resumption of work (and after giving birth), new mothers should be given only light work.
Sources: §182 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2021)
Protection from Dismissals
According to the Constitution of Cambodia, a pregnant woman may not lose her job because of pregnancy and may avail herself of maternity leave without loss of seniority.
Labour law states that a woman worker can't be dismissed during the period of her pregnancy and maternity leave or at such time that the contract termination notice would expire during such absence. Employment contract of a female worker is suspended during pregnancy, delivery and for any post-natal illness.
Instruction 015/25 expressly prohibits the termination of employment contracts of pregnant employees or female employees within one year post-delivery, except in cases of serious misconduct. Even then, the employer must obtain the Labour Inspector's prior approval. In addition, employers are encouraged to automatically renew fixed-term contracts for pregnant women or for those where childbirth occurred less than 12 months ago. The instructions further prohibit suspending the employment contracts of pregnant employees or female employees within 9 months after maternity leave, except when the contracts are suspended for the entire department/section of the enterprise/establishment or for all employees.
Sources: §46 of the Constitution of the Kingdom of Cambodia, of 21 September 1993 (as amended 1999); §71 & 182 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2021); MLVT Instruction No. 015/25
Right to Return to Same Position
According to the Cambodian Constitution, a pregnant worker has the right to take maternity leave without losing her seniority.
There is no specific provision in the labour law regarding a worker's right to return to the same position after availing herself of maternity leave. However, it is mentioned that a worker can't be dismissed during the term of her maternity leave, which means that the right to return to work is implicitly guaranteed under the law.
Sources: §46 of the Constitution of the Kingdom of Cambodia, of 21 September 1993 (as amended 1999); §182 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2021)
