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How are employers supposed to treat unused annual leave in Cambodia?

Say an employee works for ten years, never taking a day off, and claims they’re now entitled to months and months of paid leave? Possible? No.

It comes down to Article 167 of the Labor Law:

Deferment of this leave cannot exceed three consecutive years and can only apply to leave exceeding twelve working days per year.”

This rule sounds simple, but calculating how much leave is owed is actually a bit tricky. To recall, employees get 18 days of leave per year, plus an extra day for each three years of employment.

Let’s say you have a workalohic who never takes a day off. The first year they get 18 days off, 6 (= 18 – 12) are rolled over to the second year. So at the end of year two, they’ll have 18 + 6 = 24. In year three, they have the 18 new days from that year, plus 6 from year 1 and 6 from year 2, giving 30 at the end of year 3. With me? Because now we add a twist.

In their fourth year, they now get 19 days off (one extra for the three years of seniority). At the end of the fourth year, they’ll have 19 + 6 from year 1 + 6 from year 2 + 6 from year 3 = 37. Now that they have 19 days off, there are 7 that roll over instead of 6 (19 – 12 = 7). At the end of the fifth year, 19 + 6 from year 2 + 6 from year 3 + 7 from year 4 = 37.

Enough with the math already, here’s the short version:

Years of seniority

New leave

Days rolled-over

Maximum allowable leave

0

18

6

18

1

18

6

24

2

18

6

30

3

19

7

37

4

19

7

38

5

19

7

39

6

20

8

41

7

20

8

42

8

20

8

43

9

21

9

45

10

21

9

46

11

21

9

47

12

22

10

49

13

22

10

50

14

22

10

51

15

23

11

53

16

23

11

54

17

23

11

55

18

24

12

57

19

24

12

58

20

24

12

59

 

For more on annual leave and other labor rules, please refer to our full report.

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The work of a handful of attorneys at BNG Legal, this blog's mission is to keep the world up-to-date on legal issues in the Kingdom of Cambodia.

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