Anukret October 19, 1995 Leave without Pay

ANUKRET DATED OCTOBER 19, 1995

ON THE LEGAL FRAMEWORK OF LEAVE WITHOUT PAY

Translation certified by the Council of Jurists

116-ANK-TT

The Royal Government,

having seen the 1993 Constitution of the Kingdom of Cambodia,

having seen Kret dated November 1, 1993 on the appointment of the Royal Government of Cambodia,

having seen Kret NS-RKT-1094-083 dated October 24, 1994 on the modification of the composition of the Royal Government of Cambodia,

having seen Kret NS-RKT-1094-090 dated October 31, 1994 on the modification of the composition of the Royal Government of Cambodia,

having seen Kram NS-RKM-0794-002 dated July 20, 1994 on the organization and functioning of the Council of Ministers,

having seen Kram NS-RKM-1094-006 dated October 30, 1994 on the Common Statute of Civil Servants of the Kingdom of Cambodia,

upon the proposal of the Secretary of State of the Civil Service,

the Council of Ministers having heard,

decides:

CHAPTER I

GENERAL PROVISIONS

Article 1:

Leave without pay shall be the position in which a civil servant shall be placed when he/she ceases to benefit from his/her rights to wages, promotion and seniority for retirement.

Article 2:

Leave without pay shall be granted, either automatically or by request of an interested person, by the authority vested through the power of appointment. The decision to place someone on leave without pay shall be issued through a kret, anukret or prakas.

CHAPTER II

PLACEMENT ON LEAVE WITHOUT PAY

Article 3:

Placement on leave without pay shall be granted automatically in the following cases:

cessation of service or abnormal absence continuing for a period of more than 15 days, except in the case of a special need. During such 15-day absence period, the relevant Minister shall notify the interested person at least twice,
summoning of a civil servant before a criminal tribunal for a crime or misdemeanor, until a final decision is reached.

Article 4:

The duration of automatic placement on leave without pay in the case provided by the second paragraph of Article 3 above cannot exceed 3 months. At the end of such 3-month period, the civil servant who has not returned to his/her position after the issuance of 2 summons shall be removed from the civil service and, if appropriate, shall be entitled to present a claim for his/her pension or to a refund of deductions withheld from his/her wages in accordance with the provisions of Article 55 of the Common Statute of Civil Servants.

CHAPTER III

PLACEMENT ON LEAVE WITHOUT PAY UPON REQUEST OF AN INTERESTED PERSON

Article 5:

Placement on leave without pay may be granted upon the request of the interested person, subject to the requirements of service. Such leave can be granted for a minimum duration of 6 months and up to a maximum duration of 2 years. It can be renewed for up to a total of 4 years.

Such placement on leave without pay shall apply in the following cases:

to undertake an activity in the private or quasi-public sector,
to undertake, within the Kingdom of Cambodia or overseas, studies or research of general interest,
for personal convenience.

Article 6:

The placement on leave without pay shall be accorded by right to the civil servant that applies for such leave for a period of at least 3 months and up to a maximum of 2 years. Such a grant of leave without pay may be renewed for an aggregate period not exceeding 4 years in the following cases:

in case of serious sickness of a spouse or child,
when the civil servant has not been able to benefit from an assignment allowing him/her to join his/her civil servant spouse.

CHAPTER IV

EFFECTIVE DATE OF THE LEAVE WITHOUT PAY

STATUS AND PROCEDURES OF REINSTATEMENT

Article 7:

The grant of leave without pay upon the request of the civil servant shall be effective on the first day of the month following the approval of such leave by the Minister concerned.

Article 8:

The civil servant that is placed on leave without pay at his/her request shall have to ask for an extension of his/her leave or his/her reinstatement in the two months preceding the end of his/her period of leave without pay. The civil servant failing to request the extension of his/her leave without pay or his/her reinstatement as of the last day of his/her period of leave shall be considered to have resigned and shall be removed from the civil service as of such last day.

Article 9:

The civil servant on leave without pay who has made, before the expiry of the period of leave without pay, a request for reinstatement shall be left on leave without pay until a position is proposed to him/her.

Article 10:

Reinstatement shall be a right. The civil servant to be reinstated shall be given priority for a proposed vacancy corresponding to his/her rank. The civil servant that successively refuses 3 vacancies may be dismissed.

Article 11:

The reinstatement or dismissal decision of a civil servant on leave without pay shall be issued through a kret, anukret or prakas.

CHAPTER V

FINAL DISPOSITIONS

Article 12:

A copy of the kret, anukret or prakas of the grant of leave without pay shall be mandatorily forwarded to the Secretary of State of the Civil Service.

Article 13:

All provisions contrary to this anukret are hereby repealed.

Article 14:

The Co-Ministers of the Office of the Council of Ministers, all Ministers and Secretaries of State shall be in charge of the implementation of this Anukret with effect from the date of its signature.

Made in Phnom Penh, October 19, 1995

The First Prime Minister

Norodom Ranariddh

The Second Prime Minister

Hun Sen