What does the national law say about the rights of home-based workers?
The Cambodian Law does not clearly specify application for own-account workers, but it does provide a number of rights for piece-rate workers, as following:
- Minimum wage: Task-worker or piece-rate workers, whether the work is done in the employer’s premises or at workers’ home, are legally entitled to the minimum wage. The legal minimum wage (which currently applies only to the garment, textiles and shoe industry) is $66 per month. If their pay based on piece rates is less than this minimum wage, the employer must still pay the minimum wage. If their pay is based on piece rates is more than the minimum wage, the employer must pay the higher amount.
- Overtime: Piece-rate workers are entitled to the same rates of overtime compensation as regular employees. This means that piece-rate employees should receive an additional 50% payment for work they perform during normal overtime hours and an additional 100% for overtime hours at night, Sunday or a public holiday.
- Trade Union: Piece-rate workers have the freedom to form and/or join a union.
- Age Limit - Cambodian law states that the minimum age of employment (for full time work in non-hazardous sectors) is 15 years old. Below this age, children from 12-15 years of age are allowed to perform ‘light work’ that will not affect their attendance at school. However, children cannot perform any form of work that is considered “hazardous” under 18 years of age.
What is the payment for home-based worker?
Home-based workers tend to be invisible because they work in the informal sector. Official, comprehensive wage data are limited. However, estimations by CIDS using government data suggest that the income of own-account workers or self-employed workers is roughly $41 per month. This wage level includes non-home-based workers such as food carts, motor-taxi and other services.
Where can the home-based worker complain if there is under payment or any other problem?
Labor Inspector at the Ministry of Labor St. Confederation De La Russie (St.110), Sangkat ToekLaak II, Khan ToulKork, Phnom Penh
Mobile Phone: 011 873 787
Non-governmental organization that provides legal assistance (legal consultation, representation and defense) for domestic workers and rescuing.
Community Legal Education Center (CLEC) No. 237, St. 68, Group 16, 12401, Phnom Penh Tel 023 215 590. Tel & Fax 023 211 723 Mobile Phone 012 811 860 or 012 936 987 E-Mail: admin@clec.org.kh
Trade union that provides representation for workers
Cambodia Labor Confederation (CLC) No. 2-3G, St. 26BT, 12351, Phnom Penh Mobile Phone 012 998 906 and 012 709 509