The Ministry of Labour and Vocational Training (MLVT), Cambodia, has made it easier to jail foreign managers, supervisors and interpreters for improper conduct on the worksite. The measures are in response to complaints of verbal abuse and inappropriate treatment of Cambodian workers.
The enforcement hints that top-level foreign employees were not immune from regulatory ramifications because of their top-down duties. Companies with foreign workers are thus under increasing pressure to behave and comply as employers.
MLVT Investigations Lead to Disciplinary Action
The ministry investigated complaints of factories in Kandal and Kampong Speu, such as Justin Allen Garment and Ming Yang Industry. When ratings are based on alleged misconduct, inspectors considered CCTV footage, audio recordings, witness statements and admissions made by the perpetrators.
Foreign managers participating in the cases were forced to make on-camera apologies to workers, and to submit written pledges to respect Cambodian workers’ dignity. The actions reflect ministry commitment to accountability and corrective actions.
Repeat Misconduct Could Mean Deportation
The MLVT has issued a very clear warning that if it is done again and again then big consequences will happen. If managers who are foreigners are found engaging in repeated abuse or inappropriate behaviour, they could be sent away or their work permit revoked under the Immigration Law of the Kingdom of Cambodia.
Under the enforcement paradigm, workplace behavior becomes right smack dab in the middle of expatriate immigration and employment compliance. Employers should thus view managerial conduct as not just a HR matter but a regulatory matter as well.
Interpreters Also Face Accountability
The ministry has begun to expand the base of their enquiry to workplace interpreters in instances where adverse or obstructive communication, mistranslation or poor interpretation plays a role in an ensuing conflict. Local and expatriate interpreters can be subject to administrative penalties.
With concepts being adopted and utilized by international management teams in an increasing number of jobs, it is more important than ever that people are able to communicate accurately and professionally at work. It is important for companies to make sure that interpreters are familiar with the company policy and dispute-resolution processes.
Training and Reporting Mechanisms
The National Labour Institute is providing training on workplace ethics, Cambodian cultural etiquette and dispute resolution on foreign management teams.
Meanwhile, the MLVT has translated the Cambodian Labour Law into English, Chinese, Korean and Japanese and published on localised QR platforms. There is also a 1286 hotline and digital reporting at the ministry for workers to report verbal insults, intimidation and unsafe working conditions.
What Employers Should Do?
Companies may conduct an audit of how they communicate in the office; set guidelines for staff conduct; and ensure office policies are in both Khmer and foreign language relevant to staff.
Additionally, employers need to create internal grievance procedures that will allow for the resolution of grievances in a timely fashion. Having more robust internal controls in place can assist businesses in detecting issues early rather than when they are the subjects of an MLVT inspection or immigration enforcement action.
FAQs
Are work permits revoked in case of an unethical foreign manager?
Yes. Upon a repeated incident of workplace abuse or serious misconduct, the foreign worker’s foreign work permit will be cancelled and the foreign worker deported under the applicable rules.
What will be the consequences if it’s your first offence?
In cases mentioned above foreign management had to make public apologies to workers and make written commitments to respect worker dignity.
Do interpreters fall under the enforcement measures?
Yes. When the interpreter’s lack of appropriate communication techniques, leads to the workplace dispute, the interpreter may incur administrative sanctions.
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