Must 'Employer' pay 1 year work permit for 150 hours/year 'Volunteer'
Must 'Employer' pay 1 year work permit for 150 hours/year 'Volunteer'
Unsure. (But not expecting anyone to care or answer.)
A small school had an expat employee April to Dec 2020 and paid for her work and full year work permit. No worries.
January 2021, we had no work for her and decided not to renew her contract. However, pandemic and all, she said ANY work, 'like a volunteer', would be much appreciated. OK to pay hourly, salary not needed.
Seemed win:win, she worked almost 150 hours in total early Jan until 15 March. Almost nothing, but at least she had some very minimal income to supplement her savings. Understandably, she has decided to move to another school with more hours.
So far, so good. However, she demands we complete processing of her 2021 work permit as the deal she made with the other school in early March was that she had her permit already. In fact, the processing IS almost done, and I expect we can't avoid paying for it ($150 including health check, 'over quota fee', and contract fee) and once we have it, we will give it to her for her new job. She didn't help us greatly, but certainly she did help.
Hypothetical: IF instead, she had only worked 1.5 hours in 2021 (not nearly 150), SHOULD the organization she worked with have to pay for her 2021 work permit? Is there any minimum amount of work, or flexibility for volunteer staff?
The permits make very temporary, very part time staff overpriced. Is there any fair work around that allows a school to hire an expat for just few hours of work, or must the school always turn them down?
A small school had an expat employee April to Dec 2020 and paid for her work and full year work permit. No worries.
January 2021, we had no work for her and decided not to renew her contract. However, pandemic and all, she said ANY work, 'like a volunteer', would be much appreciated. OK to pay hourly, salary not needed.
Seemed win:win, she worked almost 150 hours in total early Jan until 15 March. Almost nothing, but at least she had some very minimal income to supplement her savings. Understandably, she has decided to move to another school with more hours.
So far, so good. However, she demands we complete processing of her 2021 work permit as the deal she made with the other school in early March was that she had her permit already. In fact, the processing IS almost done, and I expect we can't avoid paying for it ($150 including health check, 'over quota fee', and contract fee) and once we have it, we will give it to her for her new job. She didn't help us greatly, but certainly she did help.
Hypothetical: IF instead, she had only worked 1.5 hours in 2021 (not nearly 150), SHOULD the organization she worked with have to pay for her 2021 work permit? Is there any minimum amount of work, or flexibility for volunteer staff?
The permits make very temporary, very part time staff overpriced. Is there any fair work around that allows a school to hire an expat for just few hours of work, or must the school always turn them down?
This “volunteer” thing only exists in your minds. You hired an employee, she worked and you paid her a salary.
You needed to apply for the foreign worker quota, pay taxes on her salary, ensure that her immigration papers were in order and, yes, as per the labor law she must have had a work permit.
There is no exception in the labor law that says that the employee must work X hours and there is no exemption for paid “volunteers”.
If you work you need a work permit. If you do not work then you are a tourist, retired or looking for work, and your visa extension should reflect that and you are exempt from the work permit requirement. No work permit means you can’t work.
Even if you did not pay her a salary technically she must still have a work permit.
Perhaps this “volunteer” proposal was a trap all along to trick you into having to deal with her permit.
My best advice is that you reach out to the MoLVT and ask them. We can read the law all day long but in the end they are the ones who enforce it and their interpretation is flexible.
Or you can just ignore her and deal with the potential backlash when she smears your name on social media. It’s unlikely that you would be in any official trouble.
You needed to apply for the foreign worker quota, pay taxes on her salary, ensure that her immigration papers were in order and, yes, as per the labor law she must have had a work permit.
There is no exception in the labor law that says that the employee must work X hours and there is no exemption for paid “volunteers”.
If you work you need a work permit. If you do not work then you are a tourist, retired or looking for work, and your visa extension should reflect that and you are exempt from the work permit requirement. No work permit means you can’t work.
Even if you did not pay her a salary technically she must still have a work permit.
Legality aside, as a human to another human, yeah, she should probably sort out her work permit by herself.Employment of foreign labor
Article 261:
No foreigner can work unless he possesses a work permit and an employment card issued by the Ministry in Charge of Labor.
Perhaps this “volunteer” proposal was a trap all along to trick you into having to deal with her permit.
My best advice is that you reach out to the MoLVT and ask them. We can read the law all day long but in the end they are the ones who enforce it and their interpretation is flexible.
Or you can just ignore her and deal with the potential backlash when she smears your name on social media. It’s unlikely that you would be in any official trouble.
2
2
Sure, she worked, and as I said, we did all the paperwork for her. We haven't paid the last $135 only because MoLVT haven't sent us the bill yet. Once we have paid, we'll get the docs she wants and give them to her, they are of no use to us.
I'm merely moaning because the next time someone asks for just a few hours work, I'll have to say sorry. I'll have to tell them that as far as I know, only employers can apply for, and pay for your work permit, and employers, by law, are not allowed to pass that expense along to employees. (Correct?)
I'm merely moaning because the next time someone asks for just a few hours work, I'll have to say sorry. I'll have to tell them that as far as I know, only employers can apply for, and pay for your work permit, and employers, by law, are not allowed to pass that expense along to employees. (Correct?)
Anyone can apply for their own work permit via the FWCMS. Most people have it done by their employer or a travel agent but it’s certainly possible to do themselves to save a buck. https://fwcms.mlvt.gov.kh/U-Guest wrote: ↑Sat Mar 27, 2021 6:53 pmI'm merely moaning because the next time someone asks for just a few hours work, I'll have to say sorry. I'll have to tell them that as far as I know, only employers can apply for, and pay for your work permit, and employers, by law, are not allowed to pass that expense along to employees. (Correct?)
By law the expenses should be covered by the employer but often it’s not and I don’t think anybody has been in trouble for it.
It’s possible that you can solve that with a paragraph in the contract. I’m not sure. PSD_Kiwi?
1
1
No, not correct. Employers are not obligated to apply for or pay for employees WP's unless it is stipulated in the employees contract. Employers are only obligated to ensure that they apply for and have their Foreign Employee Quota, and only employ people who have the legal right to work in Cambodia.U-Guest wrote: ↑Sat Mar 27, 2021 6:53 pmonly employers can apply for, and pay for your work permit, and employers, by law, are not allowed to pass that expense along to employees. (Correct?)
Disclaimer: I'm not a lawyer or expert on Cambodian labour law though.
1
1
I'm not a negative person, I encourage people all the time...it's usually to f**k off! But, whatever.
It's simple, just create an account and apply on the WP application website fwcms.mlvt.gov.kh
Doesn't help you with obtaining an EB EOS though.
I'm not a negative person, I encourage people all the time...it's usually to f**k off! But, whatever.
- horace
- I can not turn my computer off ...
- Reactions: 308
- Posts: 5484
- Joined: Thu Jul 14, 2011 12:27 pm
- Location: different planet
I already have the visa it was issued a few days ago. So no need to pretend I am retired, I could qualify for the retirement extension but then that means I cannot work and at some point I would like to work just to keep me off the piss. If I register as self -employed does that stop me from working for someone else?
k440, something to do when you're pissed.
What you have is the 1 month visa which you may use to enter the country one time anytime within 3 months.horace wrote: ↑Sat Mar 27, 2021 9:46 pmI already have the visa it was issued a few days ago. So no need to pretend I am retired, I could qualify for the retirement extension but then that means I cannot work and at some point I would like to work just to keep me off the piss. If I register as self -employed does that stop me from working for someone else?
PSD_Kiwi is talking about the EB visa extension that you can only get in Cambodia by extending your visa.
In order to get a EB visa extension you must not only have a work permit. You must also have a job.
There are fraudulent ways to get around the job requirement. Some travel agents will fake employment letters on your behalf. I don’t think that’s a good idea but it’s something that people often do.
Registering as self employed does not prevent you from working for someone else. It’s one way to get a work permit but it’s not a way to get an EB visa extension.
Having a work permit does not mean you qualify to get an EB visa extension.
1
1
- horace
- I can not turn my computer off ...
- Reactions: 308
- Posts: 5484
- Joined: Thu Jul 14, 2011 12:27 pm
- Location: different planet
I thought the extension thing had not changed i.e. one could get the first six months as standard being the time it took to find employment.
So one can get a work permit but not an extension! Things have changed!
So one can get a work permit but not an extension! Things have changed!
k440, something to do when you're pissed.
You can normally get 6 months without hassle but that’s an EG extension, not EB which is what PSD_Kiwi was talking about.
EG is only issued for 1 month at a time due to pandemic restrictions.
Later you can change from EG to EB when you find work.
Or you can pay someone to write a fake employment letter and get an EB that way.
EG is only issued for 1 month at a time due to pandemic restrictions.
Later you can change from EG to EB when you find work.
Or you can pay someone to write a fake employment letter and get an EB that way.
1
1
- horace
- I can not turn my computer off ...
- Reactions: 308
- Posts: 5484
- Joined: Thu Jul 14, 2011 12:27 pm
- Location: different planet
So, let me get this clear.
I can get an EG extension no problem, I then have six months to either extend as a retiree or as an employed person, but I don't need a work permit , which I can get as a self-employed person, to get a EB extension which I can get if I have a fake letter. Things haven't changed so much really, have they?
I can get an EG extension no problem, I then have six months to either extend as a retiree or as an employed person, but I don't need a work permit , which I can get as a self-employed person, to get a EB extension which I can get if I have a fake letter. Things haven't changed so much really, have they?
k440, something to do when you're pissed.
Spot on Alexandra, thanks, saved me from typing
horace yep, that's pretty much the gist of it...but without the necessary supporting documentation (official letter of employment & employers tax patent) an EB EOS will cost you more than it used to, expect to pay about $350.
horace yep, that's pretty much the gist of it...but without the necessary supporting documentation (official letter of employment & employers tax patent) an EB EOS will cost you more than it used to, expect to pay about $350.
1
1
I'm not a negative person, I encourage people all the time...it's usually to f**k off! But, whatever.
-
- Similar Topics
- Replies
- Views
- Last post
-
- 31 Replies
- 6493 Views
-
Last post by YaTingPom
Tue Jun 14, 2022 10:40 am
-
-
Moving from EB Extension to EB with work permit
by Guest9999 » Tue Oct 19, 2021 11:39 am » in Questions and Answers - 4 Replies
- 1844 Views
-
Last post by Guest9999
Thu Oct 21, 2021 2:00 am
-
-
-
Thai work permit for Cambodian national
by kommentariat » Sat Dec 14, 2019 9:23 am » in Questions and Answers - 1 Replies
- 1309 Views
-
Last post by over the rainbow
Sat Dec 14, 2019 11:00 am
-
-
- 10 Replies
- 1274 Views
-
Last post by Bong Burgundy
Fri Mar 31, 2023 5:56 pm
-
- 6 Replies
- 450 Views
-
Last post by steven919
Fri May 10, 2024 5:10 pm