Vax status legal grounds for termination?
Vax status legal grounds for termination?
The forum has threads on vax lying, flying, and naming it as a requirement for attending or working in certain types of establishments, but I haven't seen comment here on the legality in Cambodia of sacking someone because they a) were not vaccinated, or, more limited, b) are medically fit to be vaccinated, but refused it when available.
If staff are paid hourly, this might not be an issue, as unless stipulated in the contract, hours could simply be reduced or eliminated, however salaried staff might have legal protections. Any labor law experts?
In the 'Over 50 years banned from teaching' thread, Alexandra posts "The labor law prohibits people with transmittable diseases from working (for example HIV)." (I'm not so sure about HIV as an example, as I know many healthy HIV positive expats who have no trouble getting work permits and work even though their 'positive' status is known to MoL.) In any case, 'unvaccinated' is not equivalent to sick and infectious, yet if MoH or other relevant ministries effectively prevent them from working - if there is no online work for them to do, are employers allowed to terminate?
And, with some similarity, can schools legally sack teachers because they are too old to legally work, ie, greater than 49 years of age. (Mods, your call, maybe this last sentence should be in the 'Over 50' thread.?)
If staff are paid hourly, this might not be an issue, as unless stipulated in the contract, hours could simply be reduced or eliminated, however salaried staff might have legal protections. Any labor law experts?
In the 'Over 50 years banned from teaching' thread, Alexandra posts "The labor law prohibits people with transmittable diseases from working (for example HIV)." (I'm not so sure about HIV as an example, as I know many healthy HIV positive expats who have no trouble getting work permits and work even though their 'positive' status is known to MoL.) In any case, 'unvaccinated' is not equivalent to sick and infectious, yet if MoH or other relevant ministries effectively prevent them from working - if there is no online work for them to do, are employers allowed to terminate?
And, with some similarity, can schools legally sack teachers because they are too old to legally work, ie, greater than 49 years of age. (Mods, your call, maybe this last sentence should be in the 'Over 50' thread.?)
- ផោមក្លិនស្អុយ
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About 6 months ago the prime minister in a speech said that for many professions people will require to be vaccinated to work. Considering an estimated 99% of PP is vaccinated, unvax'd are a very small minority and I'd imagine if an employer wants to discriminate against them then they can do it.
Assume you are an expat? Don't rely on labour law bailing your ass out of anything.
Assume you are an expat? Don't rely on labour law bailing your ass out of anything.
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Even if they did sack someone what’s your recourse?
You’ve got zero chance of even going to court and if you did it’d cost shit loads of cash.
You’ve got zero chance of even going to court and if you did it’d cost shit loads of cash.
pew, pew, pew, pew!
99% of Phnom Penh population over 12 vaccinated? I truly am impressed with Cambodia's vaccination drive, but '99% of PP 'is hard to believe. 99% of adults, not buying that either. 99% of PP expats? Well K440 and CEO don't encompass/ represent the full breadth of the expat population, but there seem to be quite a number of, at least, vax hesitant expats on these forums. The unvaccinated are certainly much higher than your comment.
However, I agree MoL are unlikely to defend the unvaccinated, as that goes against the boss.
(P.S. YTP, Zero chance, agreed, yet what I've experienced as an employer, is that MoL 1st encourages disputing parties to talk, and may provide a "neutral" place to do so. Actually going to court is probably very rare.)
However, I agree MoL are unlikely to defend the unvaccinated, as that goes against the boss.
(P.S. YTP, Zero chance, agreed, yet what I've experienced as an employer, is that MoL 1st encourages disputing parties to talk, and may provide a "neutral" place to do so. Actually going to court is probably very rare.)
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I believe the 99% is adult population only. I wouldn't imagine that it is totally correct, for a variety of reasons, but I don't think it is too far away. I'd certainly believe 90% plus are vax'd
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In this case I'd say you'd have zero chance. However I know a few people who have gone to the Ministry of Labor and Vocational Training over unfair dismissals and have ended up getting considerable payouts ( $10k-$15K).
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Romantic Cambodia is dead and gone. It's with McKinley in the grave.
Do you know any who haven’t got a payout, after going to the MoLVT?Lucky Lucan wrote: ↑Fri Sep 03, 2021 11:38 amIn this case I'd say you'd have zero chance. However I know a few people who have gone to the Ministry of Labor and Vocational Training over unfair dismissals and have ended up getting considerable payouts ( $10k-$15K).
pew, pew, pew, pew!
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I've heard stories like this, but TBH had discounted them as urban legend or bar-room bullshitting. I assumed the employer backed down or compromised when MOLVT action was threatened.Lucky Lucan wrote: ↑Fri Sep 03, 2021 11:38 amIn this case I'd say you'd have zero chance. However I know a few people who have gone to the Ministry of Labor and Vocational Training over unfair dismissals and have ended up getting considerable payouts ( $10k-$15K).
You reckon normal, Joe public, types have had success after engaging MOLVT? And how much of the settlement did they receive?
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Yes, they were normal people. I can't remember whether they went to court or settled outside of it. They got $10k-$15K.ផោមក្លិនស្អុយ wrote: ↑Fri Sep 03, 2021 1:06 pmI've heard stories like this, but TBH had discounted them as urban legend or bar-room bullshitting. I assumed the employer backed down or compromised when MOLVT action was threatened.Lucky Lucan wrote: ↑Fri Sep 03, 2021 11:38 amIn this case I'd say you'd have zero chance. However I know a few people who have gone to the Ministry of Labor and Vocational Training over unfair dismissals and have ended up getting considerable payouts ( $10k-$15K).
You reckon normal, Joe public, types have had success after engaging MOLVT? And how much of the settlement did they receive?
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Romantic Cambodia is dead and gone. It's with McKinley in the grave.
No, but the probability of them getting sic is statistically higher.Guest9999 wrote: ↑Fri Sep 03, 2021 4:51 amIn any case, 'unvaccinated' is not equivalent to sick and infectious,
I doubt the state cares if one barang gets COVID, they're protecting the kids.
Any teacher who gambles with students' lives shouldn't be teaching.
Would you let a teacher with TB teach your kids?
I know of one school where it happened, and quite rightly, the school responded very quickly. Involved a young barang student and an infected Khmer teacher.
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Just get vaccinated or fuck off home you parasitic twat.
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