June 2010

PREFACE
The Civil Service of Cambodia is the policy
implementing arm of the Royal Government of Cambodia
(RGC). In executing this important role, each civil servant is
obligated to act according to the law and is guided by public
policy pronouncements.
Since all reform efforts towards prosperity and the
wellbeing of the country and its people are very much
dependent on the implementation by the civil servants of the
Kingdom of Cambodia, the overall objective of the RGC is to
transform the civil service into an effective provider of public
services by making public service more transparent,
responsive and efficient, and by enhancing civil servants’
motivation, loyalty, professionalism and culture of service.
This will result in enhanced performance and accountability
of the civil service. In order to achieve the primary goal of
“serving people better,” one of the most important steps is
knowledge and understanding of the legal foundations of
the civil service. This is the basis for the promotion of
transparency, accountability, effectiveness, responsiveness
and the rule of law. Therefore, the purpose of this handbook
is to provide the civil servants with a reference book on their
rights and duties and thus their status as a permanent civil
servant under the Common Statute of Civil Servants, dated
October 26, 1994 – the primary legislative framework for the
Civil Service of Cambodia.
The handbook focuses on the permanent civil servant
in the civil administration, excluding judges of the juridical
order and civil servants of the legislative order. Regulations
on civil servants who are covered by separate statutes
(such as the Military Personnel of the Royal Armed Forces
and the Police) – and who are therefore not managed by the
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State Secretariat for Civil Service (SSCS) – are not included
in the handbook. Furthermore, the handbook shall only
provide an overview on the most important rules applicable
to all permanent civil servants in the administrative sector
and not on those only applicable for one specific group.
Wherever text passages are drawn directly from the legal
source, there were no alterations made to the original
wording or the provided English translation, respectively.
Policies are subject to revision as part of ongoing reform.
Naturally, regulations have to change accordingly.
Therefore, this handbook will be updated and re-published
regularly. Furthermore, all new regulations will be published
on the CAR website (www.car.gov.kh).
The handbook focuses on the legal situation of civil
servants and is meant as a daily reference and guidebook.
But this does not release the civil servants of their moral
obligations. It is important to understand that civil servants
shall not only be guided by the law, regulations and
instructions of their superior, but by common moral values
and ethics. Serving for the well-being of the country and its
people encompasses care and responsibility, fairness and
equality, honesty and transparency and therefore
government for the people – all the people. CAR hopes that
Cambodian civil servants keep that in mind when using this
handbook as a daily reference and guidebook.

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 ABBREVIATIONS

CAR Council for Administrative Reform

DSA Daily Subsidy Allowance

MEF Ministry of Economy and Finance

MoSAVY Ministry of Social Affairs, Veteran and

Youth Rehabilitation

NSSF National Social Security Fund

NSSFC National Social Security Fund of Cambodia

PMAS Performance Management and

Accountability System

RGC Royal Government of Cambodia

RSA Royal School of Administration

SSCS State Secretariat for Civil Service

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4
 TABLE OF CONTENTS
ABBREVATIONS .......................................................................... 3
INTRODUCTION ........................................................................... 7
CHAPTER 1: ORGANIZATION OF THE CIVIL SERVICE ...................... 8
1. Employment classification system ..................................... 9
2. Particular body statute..................................................... 10
3. Employment status .......................................................... 13
CHAPTER 2: ENTRY INTO THE CIVIL SERVICE.............................. 14
1. Employment requirements............................................... 14
2. Competitive examination/ appointment ............................ 17
3. Royal School of Administration (RSA) ............................. 18
4. Probationary period ......................................................... 19
CHAPTER 3: PROMOTION .......................................................... 22
CHAPTER 4: EXIT FROM THE SERVICE ........................................ 26
1. Reasons for termination .................................................. 26
2. Retirement ...................................................................... 26
a. Seniority pension ......................................................... 26
b. Pension for Professional Physical Unfitness ................ 28
3. Financial support of family members in case of death .......... 30
CHAPTER 5: ATTENDANCE, LEAVES AND ABSENCE ..................... 32
1. Working Hours ................................................................ 32
2. Leave and Holidays ......................................................... 33
a. Annual leave ............................................................... 33
b. Sick leave .................................................................... 33
c. Maternity leave ............................................................ 34
d. Special Leave .............................................................. 34
e. Leave without pay/ suspension.................................... 35
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 f. Placement outside the original body ........................... 36
CHAPTER 6: PAY AND ALLOWANCES.......................................... 38
1. Basic salary .................................................................... 39
2. Functional allowance ...................................................... 42
3. Risk allowance ................................................................ 43
4. Family allowance ............................................................ 44
5. Pedagogic allowance ...................................................... 44
6. Living Allowance ............................................................. 45
7. Daily subsidy allowances (DSA) ..................................... 46
CHAPTER 7: SOCIAL SECURITY POLICY ..................................... 47
CHAPTER 8: CONDUCT AND DISCIPLINE ..................................... 50
1. Civil Servants duties ....................................................... 50
2. Disciplinary sanctions ..................................................... 51
a. First-degree sanctions ................................................ 51
b. Second-degree sanctions ........................................... 51
3. Disciplinary proceedings ................................................. 52
a. First Degree Sanctions ............................................... 52
b. Second Degree Sanctions .......................................... 52
4. Right to appeal against the disciplinary sanction ............. 54
CHAPTER 9: PERFORMANCE MANAGEMENT ............................... 55
CHAPTER 10: JUDICIAL LITIGATIONS .......................................... 56
1. Judicial prosecutions ...................................................... 56
2. Resolution of litigation related to the civil service ............ 56
INDEX OF CITED LAWS AND REGULATIONS ................................. 58
CONTACT US ............................................................................ 66

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 INTRODUCTION
This handbook, drafted and compiled by the General
Secretariat of the Council for Administrative Reform (CAR),
does not replace laws and regulations or set up additional
rights and duties; it does not have any purpose to interpret
laws, provisions in force or regulations concerning the civil
service.
The booklet consists of a compilation of major rights
and duties and only summarizes and explains those
regulations for a better knowledge and understanding. The
CD in the back of the booklet contains the relevant legal
documents to facilitate the reader’s research. Moreover, a
soft copy of the handbook is available on the CD with
hyperlinks to most of the legal documents referred to.
Please be aware that most of the translations of the English
versions are not certified by the Council of Jurists if not
explicitly stated. Also please notice that this booklet has
been commented by the State Secretariat for Civil Service.
In general, each chapter is composed in the following
way: First the directive that forms the basis of the relevant
topic is stated (Policy). As a second step the legal sources
are put down under Legal Basis. And finally a Summary of
Regulations provides an overview on the legal situation.

7
The hierarchy of norms in Cambodia

8
CHAPTER 1: ORGANIZATION OF THE CIVIL SERVICE
1. Employment classification system
Policy: The Cambodian civil service is a career system that
has already been in place for a long time. All civil servants
are grouped into different civil service bodies - based on
their level of education - which are ruled by their own
particular statutes.
Legal basis: Royal Decree CS-RKT-1297-273 on the
General Principles of Organization of the State Civil Service,
dated December 1, 1997.
Summary of regulations: Civil servants are grouped into civil
service bodies. The bodies are ranked in four categories (A,
B, C and D) according to the minimum education required to
join a body and to the classification of the jobs of such a
body.
Each body is subdivided into 3 grades and each grade is
subdivided into steps (salary classes). The first (highest)
grade consists of 6 steps, the second grade consists of 10
and the third grade consists of 14 steps.
The system of pay and allowances is based on the
employment classification. The steps bear an index that
provides the level of remuneration (confer the chart on page
40). The following chart demonstrates the system of
categories, grades and steps.

9
 Up to 14 Steps/ salary classes
Category Grade
14 13 12 11 10 9 8 7 6 5 4 3 2 1

A 2

B 2

C 2

D 2

2. Particular body statute

Policy: Each body was created to be under a particular
statute which manages the civil servants’ careers based on
the educational background. If their educational
background, position or type of position are the same, they
are grouped into bodies. There shall be established a
particular statute for that body (e.g. health, general
administration, technical etc.).
Legal basis:
 Sub-Decree no. 9 on Establishing a Model of a
Particular Statute of a Body, dated February 12,
1998;
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  Royal Decree CS-RKT-1297-273 on the General
Principles of Organization of the State Civil Service,
dated December 1, 1997.
Summary of regulations: All Ministries and institutions shall
establish a particular statute for each body. It shall include
the following provisions:
 attachment of the body to a ministry,
 classification of the body into a category,
 general mission of the body,
 positions that may be undertaken by the employee
of the body,
 minimum qualifications required to enter the body
and the procedures concerning the external or
internal competitive examinations,
 guidelines concerning the probationary period,
 structure of the body (division of the body into
grades and the definition of the positions it may be
undertaken at each grade),
 rules concerning step and grade promotion.
Each of the 21 particular statutes is provided on enclosed
CD.

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 The particular statutes
21 statutes in 6 sectors for the each category (A, B, C, D)

21 Statutes in 6 sectors
The 4
General
categories MoI Diplomats Education Health Technical
Administration
High High High
A General High Ranking
Ranking University Ranking Ranking
Bachelor Administration Administration
Diplomat Teacher Health Technical
Degree Official Official
Official Official Official
Kramkar Medium Medium
B Basic
Kramkar Kramkar Official for Ranking Ranking
Associate Level
Official Official Foreign Health Technical
Degree Teacher
Affairs Official Official
C Administrative
Primary Primary Primary
High Administrative Secretary
School Health Technical
School Secretary Prison
Teacher Official Official
Diploma Inspector
Administrative Administrative Technical
D
Agent Agent Agent
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3. Employment status
Policy: All employees governed by the Common Statute of
Civil Servants of the Kingdom of Cambodia shall be defined
as civil servants of the public administration, which is a
career system. In the public administration, a civil servant is
not recruited to hold any particular position but he is
recruited under the public function of his particular body; his
position is flexible, it moves forward in accordance with the
upgrading of the civil servant within that body. It is different
from the employment/contract system which is ruled by
labor law.
Legal basis: Kram NS-RKM-1094-006 on the Common
Statute of Civil Servants, dated October 30, 1994.
Summary of regulation: Any employee from outside the civil
service shall mandatory become a permanent employee at
the third grade of a body and conduct a probationary period
for 12 months; hence the Civil Service System of Cambodia
is career-based. And positions in the civil service shall in
principle be reserved for career civil servants.
Nevertheless, in exceptional cases or if necessary, the
Royal Government may appoint to a given position a
dignitary or a person with a degree that does not belong to
any of the bodies of the civil service (confer art. 61 of the
Common Statute). In this case, the person concerned shall
receive a salary from the civil service but shall not be
entitled to a retirement pension.

13
CHAPTER 2: ENTRY INTO THE CIVIL SERVICE
In 2010, the Royal Government of Cambodia has
temporarily postponed the recruitment to bodies of all
ministries except of the Ministry of Education, Youth and
Sports and the Ministry of Health. However, the general
employment rules are as follows.
1. Employment requirements
Policy: The recruitment and selection for a civil service body
shall serve the purpose of filling vacancies with candidates
meeting the skill requirements of the workplace. The
applicant must satisfy general employment requirements
and the minimum requirements for each category.
Legal basis:
 Art. 11-15 of Kram NS-RKM-1094-006 on the
Common Statute of Civil Servants, dated
October 30, 1994;
 Royal Decree CS-RKT-1297-273 on the General
Principles of Organization of the State Civil Service,
dated December 1, 1997.
Summary of regulations:
Each applicant must fulfill the following requirements:
1. Must be a Cambodian citizen;
2. Must be at least 18 years but not more than
25 years old, however, exceptions shall be made
for:
 candidates with a diploma of higher education,
in which case the age limit shall be extended to
30 years,

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  candidates having studied a year or more of
higher education without having obtained a final
diploma, in which case the age limit of 25 years
shall be pushed back to a length of time equal
to their studies without exceeding the age limit
of 30 years,
 candidates having effectively accomplished their
service, in which case the age limit shall be
pushed back to a length of time equal to their
service in the army,
 the ability of the Royal Government to lift, in
case of necessity, by sub-decree, all restrictions
regarding a candidate’s age in order to satisfy
the needs found to be priorities and in the
national interest;
3. Must not be deprived of his/ her civil rights, civic
and political;
4. Must not have been condemned for a crime or
attempted offence of good moral conduct, honor or
integrity;
5. Must satisfy the conditions of physical aptitude for
the exercise of the function as required by
guidelines and applicable regulations;
6. Must satisfy the aptitude conditions required by the
particular statute governing his/her body.
Furthermore, the applicant must satisfy the minimum job
requirements for each category. The entry in a particular
category is defined by level of education (confer art. 3-6 of
Royal Decree CS-RKT-1297-273):

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 Category A: The minimum educational level
required to enter a body in Category A shall be a
secondary education diploma (baccalaureate) plus
4 years of studies certified by a degree. Some
particular statutes may, if necessary, impose a
minimum educational level at or above a secondary
education plus 6 years of studies certified by a
degree. In such case, the civil servant shall be
granted a step increase.
The category includes functions regarding direction,
inspection, studies and advice as well as all
functions of responsibility.

 Category B: The minimum educational level

required to enter a body in Category B shall be a
secondary education diploma plus 2 years of
studies certified by a degree.
The category includes functions regarding the
preparation of the work to be undertaken by
officials and of implementation of their decisions.

 Category C: The minimum educational level to

enter a body in Category C shall be a secondary
education diploma;
The category includes functions regarding
secretarial services as well as administrative
functions requiring a particular skill or know-how.

 Category D: No requirement for a secondary

education for entry into a body in this category.
The category includes functions regarding simple
administrative responsibilities.
16
Any further requirements for applicants need to be taken
from the relevant statute of the body (confer page 10).
2. Competitive examination/ appointment
Policy: The recruitment of civil servants shall in principle be
undertaken through competitive examination, except for
contrary arrangements enacted by the Royal Government.
Legal basis:
 Kram NS-RKM-1094-006 on the Common Statute
of Civil Servants, dated October 30, 1994;
 Sub-Decree no. 20 on the Organization and
Functioning of Ministries and State Secretariats,
dated April 30, 1996.
Summary of regulations: Staff is appointed to one of the four
categories A through D based on a competitive examination
depending on their level of education. No general rules exist
concerning the content of the competitive examinations.
The date of the competitive entry examination for a body
shall be established and published three months before the
preparation of the examination. In case of emergency, this
period may be reduced to 30 days.
All competitive entry examinations in the civil service shall
be undertaken in the presence of a representative of the
State Secretariat for Civil Service (SSCS) and a
representative of the Council for Administrative Reform
(CAR).
Candidates belonging to ethnic minorities, coming from
remote regions, as well as women, may benefit from
facilities or prioritized measures of recruitment (art. 11 no. 6
of the Common Statute). Candidates who are selected to
17
work in the rural areas for less than 3 years are not eligible
to transfer to the Ministry or central level.
3. Royal School of Administration (RSA)
Policy: The RSA has the role “to recruit, train and improve
the civil servants intended to serve the administration of the
Kingdom of Cambodia”. Graduates are not subject to an
open competitive examination as the school's entry
examination qualifies as a competitive examination.
Legal basis:
 Royal Decree NS-RKT-0495-040 on the Creation of
the Royal School of Administration, dated April 21,
1995;
 Sub-Decree no. 83 on the Statute of the Royal
School of Administration, dated December 14,
2004;
 Sub-Decree no. 53 on Allowance for Civil Servants
Who Finished Initial Training at the Royal School of
Administration, dated May 29, 2007.
Summary of regulations: The RSA’s training programs are
divided into two main categories: continuing education
programs and initial training programs.
The first are addressed to civil servants on active service
under cadres A and B and aimed at upgrading knowledge in
the area of public administration. Conditions of entry are
defined every year by a circular from the Office of the
Council of Ministers (CoM). Candidates are selected by their
respective ministries/institutions.
Initial training programs are addressed to students,
satisfying certain criteria of education and age, who want to
enter the civil service as middle-ranking (Kramkars) or high-
18
ranking civil servants. Candidates become civil servants as
soon as they pass the entry examination by signing a
contract before being appointed by the Council of Ministers.
In case successful candidates were already civil servants,
they must resign from their previous body. They shall serve
for a minimum period of at least 7 years counting from the
date of appointment to a body of Ministry/Institution.
4. Probationary period
Policy: Individuals receiving the initial appointments to the
civil service as well as promotions to a higher employment
category must in principle serve a probationary period. After
successfully passing the probationary period an individual
becomes a permanent civil servant.
Legal basis: Art. 16-18, Kram NS-RKM-1094-006 on the
Common Statute of Civil Servants, dated October 30 1994.
Summary of regulation: The duration of the probationary
period is in general twelve months. Permanent civil servants
having passed a competitive entry examination in another
body may be excused from six months of the probationary
period; their seniority of the previous employment will be
kept.
The obligatory probationary period may be waived by
incumbent civil servants being promoted within the same
group of bodies, through competitive examination to a
higher body than their current body.
The probationary period is not taken into consideration if the
trainee accumulates more than 30 days of absence. In this
case, the trainee shall undertake a second year of
probation.

19
Permanent employment shall be determined by the
authority having the power of appointment, on the proposal
of the departmental head of the trainee. The determination
shall be made upon the advice of a commission composed
of the following:
 the Minister concerned or his/her designee
(president),
 the department head concerned or his/her
designee (member),
 the human resources manager or his/her designee
(member),
 a civil servant of the body that the civil servant is
entering (member).
Any trainee that does not demonstrate a sufficient
professional aptitude, or whose manner of service has been
judged improper, or that is recognized to be physically
unable to exercise the functions pursuant to the conditions
imposed by applicable guidelines, may be, at any time,
dismissed during the probationary period.
Dismissal or permanent employment shall necessarily be
decided within three months following the expiration of the
twelve-month probationary period.
Permanent employment shall take effect, with regard to
salary and promotion by seniority, on the date of expiry of
the probationary period. However, seniority, as it relates to
the calculation of retirement benefits, shall commence as of
the beginning of the probationary period.
Deductions for retirement pensions are made on the wages
of trainees. These deductions shall be refunded to the
trainee if he/she does not become integrated into the civil
service at the end of his/her probationary period.

20
During their probationary period civil servants shall receive
only the basic salary and are not entitled to receive
functional allowances. They cannot shift their work area and
they cannot be appointed to hold any position in the
structure of the ministry/institution (i.e. Deputy Bureau Chief
or higher), nor are they allowed to take leave in order to
pursue their education etc.
After successfully completing the probationary period, the
probationary will be appointed to be a permanent civil
servant. Appointment shall be carried out by Royal Decree
for category A; by Sub-Decree for category B; and by
Decision for category C and D.

21
CHAPTER 3: PROMOTION
Policy: Normally, civil servants shall spend their whole
career within the third grade and shall be promoted in steps
regularly through the seniority or selection.
Legal basis:
 Art. 20-32 of Kram NS-RKM-1094-006 on the
Common Statute of Civil Servants, dated
October 30, 1994;
 Royal Decree CS-RKT-1297-273 on the General
Principles of Organization of the State Civil Service,
dated December 1, 1997.

Summary of regulation: In general, the minimum period of

time required to obtain a promotion in steps shall be
2 years. Promotion through seniority can be alternated with
promotion through selection where the civil servant is
recognized for the exceptional qualities of his/her work,
according to the provisions provided by the particular statute
of each body.
Each civil servant shall have the right to personnel
correspondence and confidential access to all records and
other documents existing in his/her file in the case of a
delay of his/her seniority step advancement.
Civil servants assigned to positions classified as remote,
unhealthy or dangerous shall benefit from an increase of
half of the seniority period required for placement on the list
of candidates for promotion.

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Proceedings of promotion
Any promotion has to be subject to prior inclusion on a
promotion list. Each year in January, any civil servant who is
entitled to apply for a promotion in step or grade shall fill in a
professional evaluation form that shall be annotated by
his/her head of department. In the following, the head of
institution (Secretary of State or Minister) concerned shall
prepare a list of civil servants to be proposed for promotion
according to the stipulated criteria for promotion.
To be entitled to be placed on the list of candidates for
promotion, candidates must meet, on the 13th of April of the
year in which the list is established, the conditions for
promotion provided in the particular statute of their body.
Employees shall be regularly promoted in steps every two
years and evolve their careers through their promotion, from
grade three to grade two and to grade one following defined
procedures and principle.
Promotion in steps is decided upon as follows:
 Promotion within the first grade of category A shall
be made by Royal Decree;
 Promotion within the second grade of category A
shall be made by Sub-Decree;
 Promotion within the third grade category A or
lower (Kramkar, secretary, administration agent)
shall be decided upon by Decision.
A promotion to the next grade shall be reserved for the most
meritorious employees who have an appropriate position
and rank. Such promotion shall be subject to vacancies
within the grade and shall be undertaken either
 through placement on a promotion list, or

23
  obtaining a certificate of long-term training from the
RSA (or from a vocational school recognized by the
particular statute), or
 by competitive examination.
The right to a promotion, through selection or through
seniority, shall be suspended for any civil servant facing
judicial (confer page 56) or disciplinary proceedings (confer
page 52). Each grade defines the ability to hold certain
positions in an institution or ministry.
Promotions to the second grade of a body shall only be
possible for employees having reached the eleventh step of
the third grade. Promotions to the first grade of a body shall
be subject to employees having reached the 7th step of the
second grade (compare the table on page 10 or 40).

24
 The Promotion for each of the categories
For each Grade Grade Grade
category 3 2 1

14 steps 10 steps 6 steps

 1  1  1
Promotion  2  2  2
according  3  3  3
 4  4  4
to seniority 
 5  5 5
 6  6 6
 7  7
 8  8
 9  9
 10 10
 11
 12
Starting point  13 Work efficiency and merit
through Entry 14
Examination

25
CHAPTER 4: EXIT FROM THE SERVICE
1. Reasons for termination
All employees who hold civil servant statuses under the law
of the Common Statute are by definition permanent
employees (confer page 13). Dismissal or permanent
employment shall necessarily be decided within three
months following the expiration of the twelve-month
probationary period.
After the probationary period reasons for the termination of
the state service can only be:
 voluntary departure,
 disciplinary sanctions of the 2nd degree,
 retirement or professional physical unfitness or
 death.
Dismissal, automatic placement into retirement and removal
of civil servants has to be carried out by Royal Decree, Sub-
decree or Decision, according to the particular status that
applies (art. 5 of the Common Statute).
2. Retirement
a. Seniority pension
Policy: Civil servants who meet the conditions for retirement
may terminate their service and shall receive retirement
benefits.
Legal basis:
 Kram NS-RKM-1094-006 on the Common Statute
of Civil Servants, dated October 30, 1994;

26
  Sub-Decree no. 59 on the Regime of Retirement
Pensions and Professional Unfitness of Civil
Servants, dated October 6, 1997.
Summary of regulations: The legal retirement age of civil
servants of either sex is 60 for category A, 58 for category
B; and 55 for categories C and D, following the respective
determination of the particular statutes.
Conditions for receiving the pension:

 Civil servants shall receive a monthly seniority

retirement pension equaling 80% of their respective
net basic salary, when they have accomplished at
least 30 years of service.

 Civil servants having reached the retirement age

and that have at least 20 years and under 30
years of service, shall benefit from a retirement
pension equal to 60% of their respective net salary
Those that have completed more than 20 years of
service shall receive a proportional annual
supplementary pension of 2% of their net salary.
The total amount in this case shall not exceed 80%
of the seniority pension and shall not be lower than
the basic monthly salary of the respective civil
servant.

 Civil servants having reached the retirement age

and having less than 20 years of service shall not
be granted a retirement pension. In such case, the
civil servant is entitled to obtain a refund of his/her
pension deductions withdrawn from his/her salary
as well as other state allowances, in a lump sum
payment (art. 17 and 18 of the Common Statute).

27
The monthly retirement pension of civil servants can be
increased by zone allowances as well as risk or family
allowances (art. 4 of Sub-decree no. 59).
Civil servants placed on retirement shall automatically
receive an initial lump sum allowance from their Ministry.
This one-time payment used to amount to the equivalent of
8 total monthly salaries. From 2010 onwards, it shall amount
to the equivalent of 8 basic monthly salaries (Sub-Decree
no. 201 ANKr.BK on the Modification of the Determination of
First Allowance for Retired, Physically Unfit, Dead,
Resigned, Prematurely Retired and Unfulfilled Conditions
for Retirement or for Physically Unfit Civil Servants, Judges
and Prosecutors, dated November 25, 2009).
There are currently no employee contributions for a Pension
Fund, but the state contributes 16% of the civil servants’
salary package and with the NSSF a Social Security Fund
has already been established (confer chapter 7: Social
Security Policy).
b. Pension for Professional Physical Unfitness
Policy: Civil servants that are professionally unfit with
20 years of seniority and that have not yet reached the age
of retirement shall have the right to a professional unfitness
pension.
Legal basis:
 Sub-decree no. 59 on the Regime of Retirement
Pensions and Professional Unfitness of Civil
Servants, dated October 6, 1997;
 Sub-decree no. 201 ANKr.BK SRNN on the
Modification of the Determination First Allowance
for Retired, Physically Unfit, Dead, Resigned, Pre-
maturely Retired and Unfulfilled Conditions for
28
 Retirement or for Physically Unfit Civil Servants,
Judges and Prosecutors, dated November 25,
2009;
 Decision no. 52 SSR on Revision of Social
Insurance Policy's Allowances, dated December 6,
2005.
Summary of regulations: Civil servants may be declared
professionally unfit after 12 months of continuous illness.
Such professional unfitness shall be certified by a
commission whose composition shall be as follows:
 the head of the institution concerned or his/her
designee (president),
 the chief of the unit or his/her designee (member),
 the human resources manager or his/her designee
(member),
 a certified physician designated by the Ministry of
the Health (member),
 two civil servants from the same body having at
least the same grade as the civil servant concerned
(members).
Any civil servant found to be unable to continue exercising
his/her functions due to being physically unfit and not
satisfying the conditions required to claim a retirement
pension may be terminated from his function at any time
(art. 19 of the Common Statute).
Conditions for receiving a physical unfitness pension
 When declared professionally unfit civil servants
are entitled to a one-time payment equal to 7 times
their last basic salary (art. 2, Sub-Decree no. 201
ANK.BK, dated 25 November 2009);

29
  Civil servants who are declared unfit due to an
accident at work will receive a monthly annuity
equal to 65% of their last earned net salary plus an
additional 1.5% for every completed service year
above 20 years up to a maximum constituting of
90% of their net salary;
 Civil servants who are declared unfit due to illness
will receive a monthly annuity equal to 50% of their
last earned net salary plus an additional 1.5% for
every completed service year above 20 years up to
a maximum constituting of 90% of their net salary;
 Civil servants who served less than 20 years will
benefit from the full refund of their pension
deductions and a subsidy from the State.
Civil servants in a professionally unfit state shall benefit from
subsidies for zone allowances, allowance for hardship,
family costs and other subsidies in line with pensioners.
For retired unfit persons who are receiving both monthly
pension and political allowances at the same time, the
Ministry of Social Affairs, Veterans and Youth Habilitation
shall suspend the pension immediately. Pensions already
provided to the unfit persons who are currently holding political
functions shall be channeled back to the national budget.
3. Financial support of family members in case of death
Policy: Deceased civil servants' family shall be given
financial support.

30
Legal basis:
 Sub-Decree no. 59 on the Regime of Retirement
Pensions and Professional Unfitness of Civil
Servants, dated October 6, 1997;
 Decision no. 52 on Revision of Social Insurance
Policy’s Allowances, dated December 6, 2005.
Summary of regulations: Deceased civil servants' family
shall be given financial support as follow to organize funeral
for each of the deceased:
- 1,200,000 Riel for those who die of illness.
- 1,500,000 Riel for those who die when on duty or of
occupational risk. (Decision no. 52)
In case of death of a pensioner, his/her family shall benefit
from a one-time subsidy equal to 12 months of his/her
monthly retirement pension for traditional funeral purposes.
The spouse of the deceased shall continue to receive a
monthly subsidy until his/her death or until his/her new
marriage. Children of the deceased shall also receive a
subsidy like other children of civil servants, until the age of
15 years; an attestation of schooling is required of them
when they are more than 15 years of age. (Art. 10 of Sub-
decree no. 59)
When a civil servant in a professionally unfit state dies, his
family shall receive a subsidy from the State in line with that
of pensioners (art. 15 of Sub-decree no. 59).

31
CHAPTER 5: ATTENDANCE, LEAVES AND ABSENCE
1. Working Hours
Policy: Civil servants of the Kingdom of Cambodia shall
work 5 days by week and shall benefit from a weekly leave
of 2 days on Saturday and Sunday.
Legal basis:
 Kram NS-RKM-1094-006, on the Common Statute
of Civil Servants, dated October 30, 1994;
 Sub-Decree no. 21, on the Duration of the
Workweek of Civil Servants of the Kingdom of
Cambodia, dated January 30, 1996;
 Sub-Decree no. 38 on the Determination of the
Number of Required Teaching Hours, Additional
Teaching Hours and Fees for Additional Teaching
Hours for Teaching in Public Educational
Institutions, dated September 6, 1996.
Summary of regulations:
Civil servants shall work 8 hours per day according to the
following provisions:
- in the morning : 7 a.m. to 11:30 a.m.
- in the afternoon : 2 p.m. to 5:30 p.m.
The duration of the workweek for teachers, masters of
school and the teaching personnel of schools is established
separately.
According to the law, any cessation of service or
unauthorized absence shall automatically entail the leave
without pay or the suspension of salary. Furthermore, civil
servants might be subject to disciplinary sanctions.

32
2. Leave and Holidays
Policy: Civil servants are entitled to different kinds of leave.
Civil servants on leave in accordance with the Common
Statute of civil service and other existing provisions are in
general entitled to basic salary.
Legal Basis:
 Sub-Decree no. 21 on the Duration of the
Workweek of Civil Servants of the Kingdom of
Cambodia, dated January 30, 1996;
 Decision no. 73 on Working Hours and Days off for
Senior Officials and State Employees, dated June
8, 1983.
a. Annual leave
According to art. 4 of Sub-Decree no. 21 on the Duration of
the Workweek of Civil Servants of the Kingdom of
Cambodia, dated January 30, 1996 the calendar of annual
leave for civil servants shall be established by Sub-decree,
Circular and other legal letters of the Royal Government of
Cambodia.
Decision no. 73 on Working Hours and Days off for Senior
Officials and State Employees, dated June 8, 1983 states,
that all senior officials and state employees are entitled to
15 days of paid annual leave per year after they have
worked for their ministry for one full year. Thereby the
annual leave does not include any sick leave that is less
than three months a year or maternity leave.
b. Sick leave
Confer page 47, Chapter 7: Social Security Policy.

33
c. Maternity leave
Policy: Female civil servants do not lose their job because
of pregnancy (art. 46 provision 2 of the Constitution of the
Kingdom of Cambodia 1993).
Legal basis:
 Constitution of the Kingdom of Cambodia, dated 24
September 1993;
 Decision 52 SSR on Revision of Allowances
Policies and Social Insurance, dated December 6,
2005.
Summary of regulations: Women have the right to take
maternity leave with full pay and with no loss of seniority or
other social benefits for a period of 90 days.
According to Decision 52, female civil servants on maternity
leave shall be given 600,000 Riel each.
d. Special Leave
Policy: Civil servants who stand as candidate for
parliamentary elections are entitled to special leave and
their salary and pension are maintained. This special leave
shall end on the announcement date of the election result.
Civil servants who are assigned by the national election
committee are permitted to stay off their work to serve the
election preparation process. They return to their usual work
when their duty is completed.
Legal basis:
 Sub-Decree no. 34 on Special Leave of Civil
Servants Who Stand as Candidate for
Parliamentary Elections, dated June 2, 1998;

34
  Sub-Decree no. 35 on Temporary Leave of Civil
Servants During the Preparation Period for
Parliamentary Elections, dated June 2, 1998.
e. Leave without pay/ suspension
Policy: A civil servant can be on leave without pay upon the
employee’s request with the approval of the head of
institution or upon the authorities request for disciplinary
purposes (suspension).
Legal basis: Sub-Decree no. 116 on the Legal Framework
of Leave Without Pay, dated October 19, 1995.
Summary of regulation: Leave without pay shall be the
position in which the civil servant shall be placed when
he/she ceases to benefit from his/her rights to wages,
promotion and seniority for retirement. Mandatory leave
without pay (suspension) is exercised on civil servants who
are absent without permission for 15 consecutive days or
civil servants under court decision of felony or
misdemeanor, who appealed until the date of final verdict.
Such leave can be granted for the duration of 3 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.

Such a grant of leave without payment may be renewed for

an aggregate period not exceeding 4 years. It shall apply in
the following cases:
 in case of serious sickness of a spouse or child,

35
  when the civil servant has not been able to benefit
from an assignment allowing him/her to join his/her
spouse.
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.
The reinstatement or dismissal decision of a civil servant on
leave without pay shall be issued through a Royal Decree,
Sub-Decree or Decision.
f. Placement outside the original body
Policy: Civil servants, judicial staff, police, and Cambodian
Royal Armed Forces who are appointed as member of the
Royal Government, Under-Secretary of State or advisor to
the Government at any level shall be placed outside their
original body of the respective ministry/institution. Chairmen,
vice-chairmen and members of the National Election
Committee at all levels shall be placed outside their original
body until they are appointed anew.
Legal basis:
 Sub-Decree no. 35 on Temporary Leave of Civil
Servants During the Preparation Period for
Parliamentary Elections, dated June 2, 1998;
 Sub-Decree no. 50 on the Placement of Civil
Servants, Judicial Personnel, Police and Royal

36
 Armed Forces Outside Their Original Body, dated
June 10, 1999.
Summary of regulations: During the period in which the civil
servants are placed outside their original bodies, their
seniority, which will determine the amount of their pension
payment, is maintained; yet they do not receive any salary
from their original ministry/institution.

37
CHAPTER 6: PAY AND ALLOWANCES
Policy: The Cambodian civil service remuneration system
combines principles of the career system and the
employment/contract system. From the career system has
been taken the principle of a basic salary based on indexes
established according to each category (A,B,C,D), grade
and step. From the employment/contract system emerged
the principle of functional allowances provided to civil
servants according to their positions or functions.
Legal basis:
 Royal Decree NS-RKT-1201-450 on the Basic
Salary and Subsidiary Allowances of Salary of Civil
Servants, dated December 1, 2001;
 Royal Decree no. NS-RKT-0707-310 on Research
Allowance for Royal Academy Members and
Research Staff, dated July 27, 2007;
 Sub-Decree no. 34 on Changes to Functional
Allowances for Civil Servants and Pedagogic
Allowances in the Education Sector, dated April 23,
2002;
 Sub-Decree no. 96 on Revision of Functional
Allowance for Civil Servants, dated August 3, 2005;
 Sub-Decree no. 21 on Changing of Unit Value of
Basic Salary Index of Civil Servants, dated
January 19, 2009.
Summary of regulations: The basic salary and subsidiary
allowances of salary are living cost allowances per month
which the state shall provide for civil servants under the
Common Statute of Civil Servants for carrying out their
duties. Basic salary and subsidiary allowances of salary
include:
38
 - Basic salary
- Functional allowance or additional allowance and
- Subsidiary allowance (Risk allowance, Regional
allowance, Health risk allowance, Pedagogic
allowance, Family allowance, etc.).
1. Basic salary
Basic salary is a monthly salary to be provided for civil
servants for their living which include: food and drink,
accommodation, clothes and medical treatment. The
minimum salary index is 100 for salary level D.3.14 and the
maximum one is 550 for salary level A.1.1 (art. 2 of the
Royal Decree NS-RKT-1201-450).
The Royal Decree NS-RKT-1201-450 provides a table of
indexes which indicate the basic monthly salary of each civil
servant.

39
 Grades Steps
14 13 12 11 10 9 8 7 6 5 4 3 2 1
A1 436 457 482 506 528 550
A A2 361 373 387 402 419 437 454 467 478 487
A3 315 323 331 340 349 359 369 380 390 399 407 414 420 425
B1 308 324 344 360 374 385
B B2 652 262 272 283 295 306 316 325 333 340
B3 220 225 230 236 243 251 259 266 273 279 284 289 293 297
C1 212 223 235 245 254 262
C C2 143 178 185 193 201 208 215 222 228 233
C3 150 154 158 163 168 174 179 184 188 192 195 198 200 202
D1 141 149 157 164 170 175
D D2 113 117 122 128 134 139 144 148 152 155
D3 100 102 104 106 109 112 116 120 123 126 129 131 133 135

40
 The basic salary index
Riels
600
A1.1
550

500
A2.1
A1.6
450
A3.1
400 A2.10 B1.1
350 B2.1
A3.14 B1.6
300 B3.1
B2.10 C1.1
250 B3.14 C1.6 C2.1
200 C2.10 C3.1
C3.14 D1.1
150 D1.6 D2.1
D2.10
D3.14 D3.1
100
1 2 3 4 5 6 7 8 9 10 11 12 13 14 steps

41
In 2004 the unit indicator was 345 Riels per index; while in
2010, the unit indicator increases up to 870 Riels per index,
following the Sub-Decree no. 208 ANK.BK on the
Adjustment of Unit Indicator for Basic Salary and Increase
of Basic Salary of Civil Servants, dated December 3, 2009.
The unit indicator for the basic salary is adjusted annually
following the Royal Government Policy which demands a
20% increase of the basic salary for civil servants each
year.
In order to obtain the basic salary, the respective index
number of the table needs to be multiplied with the current
unit indicator. For instance, for a category A official within
the first grade and within the 6th step (A.1.6), according to
the above table, the indicator is 436. Therefore, to calculate
his basic salary, we shall multiplied 436 by 870 (=379.320
Riels),
2. Functional allowance
Functional allowance is an additional allowance to the basic
salary which is to be provided for civil servants according to
their position, working experience and working
effectiveness. Functional allowances are divided into three
categories: education, health and administration. Civil
servants with the same function but different seniority shall
receive different functional allowances.
Functional allowances are divided into 5 levels according to
duration and work experience within the following
occupations (Royal Decree NS-RKT-1201-450 on the Basic
Salary and Subsidiary Allowances of Salary of Civil
Servants, dated December 1, 2001):
- Level 5 for experience under 3 years
- Level 4 for experience from 3 to 6 years
42
 - Level 3 for experience from 6 to 10 years
- Level 2 for experience from 10 to 16 years
- Level 1 for experience from more than 16 years.
A change of level and the provision of a functional
allowance cannot be automatically carried out according to
the number of years; however, it should be done with actual
evaluation by the head of the respective institution.
A functional allowance can be given to officials whose
positions range from Director General down to Secretary
(category C officials). Furthermore, an additional allowance
is available for officials who hold a political position. This
allowance covers all members of the Royal Government
down to Under-Secretaries of State (Sub-Decree no. 62
ANK.BK On the Allowance of Government Members,
Under-Secretary of State, Advisor and Armed Forces,
Whose Rank Ranges from Under-Secretary of State and
above, dated September 30, 2004). An allowance is given
to Council Members at the capital, provincial, municipal,
district and Khan levels (Sub-Decree no. 214 ANK.BK On
the Determination of Allowance for Council members at the
capital, provincial, municipal, district and Khan levels, dated
December 14, 2009).
3. Risk allowance
Risk allowance is a monthly allowance to be provided for any
civil servant who is assigned to work in a location vulnerable to
communicative diseases or to work on matters which are
dangerous for health such as: hot and humid locations, dusty
areas or poisonous areas, poisonous steams, dangerous
chemicals, too noisy areas, smelliness and areas vulnerable
to malaria.

43
Health-affected positions and risky areas and risk
allowances are decided by a separate sub-decree.
4. Family allowance
Policy: Family allowance is a monthly allowance to be
provided for civil servants who are breadwinners for their
wife, children and their legally adopted children under their
custody.
Legal basis: Sub-Decree no. 32 on Increase of Allowance
for Spouse and Children of Civil Servants, Royal Armed
Forces, National Police Force, Retirees, Invalids and
Veterans with Disabilities, dated April 4, 2008.
Summary of regulations: Children allowance can be still
provided for the children until they reach 21 years of age, in
case there is a letter certifying their study.

Family allowance Amount/month

Wife 6,000 Riel

Children 5,000 Riel

5. Pedagogic allowance
Policy: Pedagogic allowances are additional pay to the
monthly functional allowances to be provided to civil
servants within the education sector who have received
training in pedagogy.
Legal basis: Sub-Decree no. 34 on Changes to Functional
Allowances for Civil Servants and Pedagogic Allowances in
the Education Sector, dated April 23, 2002.

44
Summary of regulation: Pedagogic allowances shall be
provided according to the categories of civil servants as
follows:

Pedagogic
N Category
allowance/month
1 Category A 12,000 Riel
2 Category B 10,000 Riel
3 Category C 8,000 Riel
4 Category D 6,000 Riel

Changes to Pedagogic allowances shall be determined by a

sub-decree.
There are also special teacher allowances for teaching two
shifts and for teaching combined classes.
6. Living Allowance
Policy: A Living Allowance is provided to civil servants,
military personnel, police personnel and retired persons,
professional physical unfit or disabled, veterans, who have
lost their working capacity or labor capacity, for 20.000 each
every month. This provision is the RGC policy to ease their
difficulties. The Living allowance has to be implemented
year by year and is not a permanent allowance.
Legal basis: Sub-Decree no. 45 ANK.BK On the Provision
of Living Allowance to Civil Servants, Military Personnel,
Police Personnel and Retired Persons, Professional
Physical Unfit or Disabled, Veterans, Who Have Lost their
Working Capacity or Labor Capacity dated March 05, 2009.

45
7. Daily subsidy allowances (DSA)
Policy: Civil servants who are on missions/ official trips
within and outside the country receive a daily subsidy
allowance (DSA).
Legal Basis: Sub-Decree no. 10 on Daily Subsidy Allowance
for Mission Within and Outside the Country, dated April 12,
2004.
Summary of regulation: The granted DSA is distributed
according to the respective ranks of the civil servant and the
destination of the mission.
Different tables provide the relevant rates. Thereby the DSA
is composed of pocket cash and the money needed for food
and accommodation and the rate differs in regards to the
distance of the location target of the mission.
A special DSA is granted to senior officials from secretary
general, director general, or officials with equivalent
positions onward.
Furthermore, ad hoc DSA is granted for the attendance of
international meetings in the provinces or municipalities
outside the participant’s working place. In principle up to
10 traveling days maximum will be covered.
In case no government transport is available the transport
expenses shall be paid according to actual receipts.
Accompanying individuals have to cover the travel costs on
their own.

46
CHAPTER 7: SOCIAL SECURITY POLICY
Policy: Civil servants shall receive the following social
insurance schemes: retirement and professional unfitness
(confer page 288), maternity (confer page 34), work
accidents, and death (confer page 30).
Legal basis:
 Royal Decree NS/RKT 0108/039 on Social Security
Scheme for Civil Servants, dated January 18, 2008;
 Sub-Decree no. 14 on the Establishment of the
National Social Security Fund (NSSF), dated
February 05, 2008;
 Decision no. 52 on Revision of Social Insurance
Policy’s Allowances, dated December 6, 2005.
Summary of regulations:
Social Security Policy Allowance for civil servants who died
and civil servants who are on maternity leave is as follows:
 A civil servant's family shall receive1.200.000 Riels
(one million and two hundred thousand Riels) in
case the civil servant died of illness;
 A civil servant's family shall receive 1.500.000 Riels
(one million and five hundred thousand Riels) in
case the civil servant died on duty or of
occupational risk;
 Female civil servants who are on maternity leave
shall receive 600.000 Riels (six hundred thousand
Riels).
The Decision no. 245 and the Instructive Circular for
implementing Decision no. 245, both dated 1988, have up to
date only been partly revised by Decision no. 52 on

47
Revision of Social Insurance Policy’s Allowances, dated
December 6, 2005. According to the above provisions
senior officials, state employees, retirees and invalids were
entitled to medical check-up at a public hospital free of
charge in case of sickness. During their treatment period,
senior officials and state employees were furthermore
entitled to full salary including regional, family and other
allowances as during their current employment for a period
of three months.
In regards to the social security scheme on occupational
accident the provisions dating 1988 state that sick leave
can be taken according to each level of injury and sickness
as follows:
- Level 1: 60 days
- Level 2: 45 days
- Level 3: 30 days
- Level 4: 15 days
The new provisions on sickness and working accidents still
need to be stipulated.
In 2008 the RGC established a National Social Security
Fund (NSSF), a public establishment with administrative
characteristics, with the mission to provide social services
(confer Sub-decree no. 14). The NSSF (meanwhile NSSFC)
is mandated to manage the Social Security Fund for civil
servants, retirees, disabled (loss of working capacity),
maternity, traffic accidents, death and their dependents.
One of the NSSF’s sources of fund shall be contributions
from the civil servants (art. 20 of Sub-decree no. 14).
The fund has not been set up yet, as the form and
procedures of registration, contribution, and provision of

48
benefits of each type of social security scheme should be
defined by Decisions of the Ministry of Social Affairs,
Veteran and Youth Rehabilitation (MoSAVY) with
agreement from the Ministry of Economy and Finance
(MEF) and at the request of the NSSF’s Governing Board
(art. 32 of Sub-decree no. 14).

49
CHAPTER 8: CONDUCT AND DISCIPLINE
Policy: Each civil servant is obligated to respect the law,
regulations and instructions of his/her superior and is
personally responsible for his/her actions.
Legal basis:
 Kram NS-RKM-1094-006 on the Common Statute
of Civil Servants, dated October 30, 1994;
 Sub-Decree no. 10 on Establishing Procedures for
Imposing Disciplinary Sanctions on Civil Servants,
dated January 28, 1997;
 Sub-Decree no. 116 on the Legal Framework of
Leave Without Pay, dated October 19, 1995.
Summary of regulations:
Violation of duties may lead to the application of disciplinary
sanctions whereas the use of rights (for example art. 6 of
the Common Statute) does not justify personal or legal
consequences.
1. Civil Servants duties
The violation of the following duties may result in
disciplinary actions:
 The civil servant has to carry out orders that he/she
is given.
 When exercising his/her function any civil servant
has to be neutral and is not allowed to use his/her
position and the State facilities to work for or
against a political candidate or a political party.
 The civil servant is obligated to perform the service
during the stipulated working hours. He/she can
only cease his/her service for legitimate reasons (in
accordance with the rules and regulations on leave)
50
 and after preliminary obtaining the authorization of
a qualified authority.
According to art. 35 of the Common Statute it is strictly
forbidden for civil servants to:
 undertake work for personal purposes during the
hours of service,
 use the prerogatives and authority of their position
for personal profits or threaten or violate the rights
of citizens,
 undertake an activity that undermines the honor
and integrity of their position,
 be a member of a board of directors or to manage
directly or indirectly a private company or
enterprise,
 publish or disseminate, without the prior
authorization of the head of institution, information
related to their position or the functioning of the
institution or to
 exercise at the same time a profession forbidden by
the particular statute of their body.
2. Disciplinary sanctions
Disciplinary sanctions divide into two categories:
a. First-degree sanctions:
 Reprimand,
 Censure recorded in the file,
 Automatic position change,
 Removal from the promotion list.
b. Second-degree sanctions:
 Severe censure with removal from the promotion
list, in case of placement on the promotion list, or
51
 postponement of promotion through selection or
seniority for a prescribed period of time not to
exceed 2 years,
 Automatic placement on leave without pay/
suspension for a duration not to exceed 1 year,
 Downgrade to one or several lower grades or
steps,
 Automatic retirement or dismissal,
 Removal.
3. Disciplinary proceedings
a. First Degree Sanctions
Disciplinary proceedings are ordered by the authority having
the power of nomination, upon a detailed report by the chief
of the unit or head of the institution.
Each civil servant has the right to personal correspondence
and confidential access to all records and other documents
existing in his/her file, before becoming subject to a
disciplinary measure (art. 6 of the Common Statute).
Having seen explanations given by the civil servant or in the
absence of a response by the civil servant during the period
described above, the head of the institution may alternately
decide to:
 dismiss the affair without further action,
 impose a reprimand, or
 impose other disciplinary sanctions of the first
degree.
b. Second Degree Sanctions
Disciplinary actions of the second degree are used for
misconduct considered severe enough, but must be
52
preceded by a disciplinary inquiry. The maximum duration of
the inquiry shall be 2 months.
The file concerning the inquiry shall be transferred to the
head of the institution who, after examination, shall decide
whether:
 to bring the civil servant before the disciplinary
council,
 dismiss the affair without further action, or
 impose a sanction of the first degree.
If the Minister concerned decides to continue the inquiry, the
file shall be transferred to a formally appointed disciplinary
council. In that case the charged civil servant has to be
informed that he/she has the following rights:
 The right to review his/her personal file,
 The right to call witnesses,
 The right to choose a defender,
 The right to give written or verbal explanations.
The charged civil servant is also entitled to examine all
personnel documents in the file and ask to provide the list of
witnesses as well as the name of his/her defender.
The disciplinary council shall vote by secret ballot by
descending order of the disciplinary sanctions. In case of a
refusal by the civil servant, the disciplinary council shall
forward the entire file to the Minister concerned.
The authority having the competence for imposing the
sanction may not conform to the opinion expressed by the
disciplinary council. In that case it may, with a written
argument, lighten a sanction of the second degree proposed
by the disciplinary council.

53
The final sanction shall be imposed by Royal Decree, Sub-
decree or Decision.
4. Right to appeal against the disciplinary sanction
Civil servants who are subject to disciplinary sanctions have
the right under art. 6 of the Common Statute of Civil
Servants to access their personnel file. In this case they
have the following rights:
 Right to call a witness;
 Right to choose a lawyer;
 Right to explain their view in writing or verbally;
 A civil servant is also provided with the right to
access his/her own personnel file in this case and
the right to request a list with the names of
witnesses and lawyers.
The request for checking the personnel file has to be done
within 15 days after receiving the official invitation to review
the file from the head of his organization/ institution. He can
claim and write a letter to the head of his institution within 15
days after receiving the case. The duration of investigation
must be no longer than two months. The last sanction is
conducted by Royal Decree, Sub-Decree or Decision.

54
CHAPTER 9: PERFORMANCE MANAGEMENT
The Royal Government of Cambodia (RGC) aims at
creating a work environment in the civil service in which
people are enabled to perform to the best of their abilities
with available resources (Performance Management) and
are responsible for the activities that they have carried out
and for the results of those activities (accountability).
Therefore the Council for Administrative Reform (CAR)
assists government ministries and institutions to develop
and implement a Performance Management and
Accountability System (PMAS). PMAS will define expected
results of individual performance, and enable managers to
provide effective performance feedback and to identify and
address barriers to performance in order to enhance the
motivation and performance of civil servants.
In particular, it includes:
 Establishment of clear position descriptions.
 Selection of appropriate people with a fair and
transparent selection process.
 Agreement on performance standards, targets, and
indicators.
 Provision of effective orientation and training.
 Provision of on-going coaching and feedback.
 Conducting of regular performance development
discussions.
 Provision of promotional/career development
opportunities for staff.
 Provision of effective remuneration and incentive
systems that recognize the contributions of
individuals.

55
CHAPTER 10: JUDICIAL LITIGATIONS
1. Judicial prosecutions
Policy: Breaches of conduct may constitute an illegal act or
criminal offence. In this case the civil and judicial processes
are two separate inquiries, which will result in two
independent verdicts and subsequent sanctions, if
applicable.
Legal basis:
 Kram NS-RKM-1094-006 on the Common Statute
of Civil Servants, dated October 30, 1994;
 Kram NS/KRM/0999-11 on the Amendment of
article 51 of the Common Statute of Civil Servants,
dated September 18, 1999.
Summary of regulations: Prosecutors must inform the
relevant head of agency within 72 hours of deciding to bring
charges against a civil servant, and to inform the senior
official immediately in the case of arrest or detention.
In case the offense took place during the office working
hours, for the general interest, the Government shall defend
that officer appropriately to the provision of the law.
Conviction of a criminal offense, without a suspended
sentence shall result in the removal of the civil servant,
commencing from the day when the judgment became final
(art. 53 of the Common Statute).
2. Resolution of litigation related to the civil service
Policy: Any civil servant shall be entitled to call upon a court
to handle litigation related to civil service. However, he/she

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shall have previously exhausted all administrative remedies.
(art. 58 of the Common Statute)
Legal basis:
 Kram NS-RKM-1094-006 on the Common Statute
of Civil Servants, dated October 30, 1994;
 Sub-Decree no. 42 on the Creation of Committee of
Arrangements of Disputes Relating to the Civil
Service, dated May 17, 1995.
Summary of regulations: The administrative organ having
competency to deal with litigation related to the civil service
is the "Conciliation Committee on Litigation Related to the
Civil Service," a permanent institution presided over by the
SSCS. The committee is tasked to settle disputes that
concern civil service management, namely, monitoring
training commitments, permanent employment, promotion,
or disciplinary sanctions of civil servants, their transfer,
payments, etc.

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 INDEX OF CITED LAWS AND REGULATIONS
I. Constitution:
 Constitution of the Kingdom of Cambodia, dated 24
September 1993
 Constitution of the People's Republic of Kampuchea
(PRK) (1979-1989), promulgated June 27, 1981

II. Common Statute and Particular Statutes

 Kram NS/KRM/0999-11 on the Amendment of
article 51 of the Common Statute of Civil Servants,
dated September 18, 1999.
 Kram NS-RKM-06 on the Common Statute of Civil
Servants, dated October 30, 1994
 Royal Decree CS/RKT/1297/273 dated December 1,
1997 on the General Principles of Organization of the
State Civil Service
 Sub-decree 009-ANK dated February 12, 1998 on
Establishing a Model of a Particular Statute of a Body
and Attached Model of a Particular Statute

General Administration
 Royal Decree NS/RKT/0300/116 dated March 03,
2000 on the Particular Statute of Category of
Administrative Official
 Royal Decree NS/RKT/0400/056 dated April 04, 2000
on the Particular Statute of Category of Kramkar
Official

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  Royal Decree NS/RKT/0500/103 dated May 31, 2000
on the Particular Statute of Category of
Administrative Secretary
 Royal Decree NS/RKT/0700/135 dated July 25, 2000
on the Particular Statute of Category of
Administrative Agents

Territorial Administration - Ministry of Interior

 Royal Decree NS/RKT/0200/104 dated February 22,
2000 on the Particular Statute of Ministry of Interior's
Category of High Ranking Administrative Official
 Royal Decree NS/RKT/0400/075 dated April 22, 2000
on the Particular Statute of Category of Kramkar
Official
 Royal Decree NS/RKT/0500/096 dated May 19, 2000
on the Particular Statute of Ministry of Interior's
Category of Administrative Secretary
 Royal Decree NS/RKT/0500/097 dated May 19, 2000
on the Particular Statute of Prison Security Personnel
of the Ministry of Interior
 Royal Decree NS/RKT/0700/125 dated July 16, 2000
on the Particular Statute of Ministry of Interior's
Category of Administrative Agent

Foreign Affairs
 Royal Decree NS/RKT/0401/085 dated April 26, 2001
on the Particular Statute of Category of High Ranking
Diplomat
 Royal Decree NS/ RKT/ 0102/ 001 dated January 03,
2002 on Particular Statute for Diplomatic Kramkar
Officials
59
Health
 Royal Decree NS/RKT/0602/163 dated June 21,
2002 on the Particular Statute of Category of High
Ranking Health Official
 Royal Decree NS/RKT/0602/164 dated June 21,
2002 on the Particular Statute of Category of Middle
Ranking Health Official
 Royal Decree NS/RKT/0602/165 dated June 21,
2002 on the Particular Statute of Category of Primary
Ranking Health Official

Education
 Royal Decree NS/RKT/0701/240 dated July 23, 2001
on the Particular Statute of Category of Higher
Education Teacher
 Royal Decree NS/RKT/0701/241 dated July 23, 2001
on the Particular Statute of Category of Basic Level
Teacher
 Royal Decree NS/RKT/0901/341 dated September
29, 2001 on the Particular Statute of Category of
Primary Level Teacher

Technical
 Royal Decree NS/RKT/0602/151 dated June 09,
2002 on the Particular Statute of Category of High
Ranking Technical Official
 Royal Decree NS/RKT/0602/152 dated June 09,
2002 on the Particular Statute of Category of Middle
Ranking Technical Official

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  Royal Decree NS/RKT/0602/153 dated June 09,
2002 on the Particular Statute of Category of Primary
ranking Technical Official
 Royal Decree NS/RKT/0602/154 dated June 09,
2002 on the Particular Statute of Category of
Technical Agent

III. Other Laws and Regulations

Kram:
 Kram NS/KRM/0999-11 on the Amendment of
article 51 of the Common Statute of Civil Servants,
dated September 18, 1999.
 Kram NS-RKM-1094-006 on the Common Statute of
Civil Servants, dated October 30, 1994

Royal Decree:
 Royal Decree NS/RKT 0108/039 on Social Security
Scheme for Civil Servants, dated January 12, 2008
 Royal Decree no. NS-RKT-0707-310 on Research
Allowance for Royal Academy Members and
Research Staff, dated July 27, 2007
 Royal Decree NS-RKT-1201-450 on Basic Salary
and Subsidiary Allowances of Salary of Civil
Servants, dated December 1, 2001
 Royal Decree CS-RKT-1297-273 on the General
Principles of Organization of the State Civil Service,
dated December 1, 1997
 Royal Decree NS-RKT-0495-040 on the Creation of
the Royal School of Administration, dated April 21,
1995

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Sub-Decree:
 Sub-Decree no. 208 ANK.BK on the Adjustment of
Unit Indicator for Basic Salary and Increase of Basic
Salary of Civil Servants, dated December 3, 2009
 Sub-decree no. 201 ANKr.BK SRNN on the
Modification of the Determination First Allowance for
Retired, Physically Unfit, Dead, Resigned, Pre-
maturely Retired and Unfulfilled Conditions for
Retirement or for Physically Unfit Civil Servants,
Judges and Prosecutors, dated November 25, 2009
 Sub-Decree no. 45 ANK.BK On the Provision of
Living Allowance to Civil Servants, Military
Personnel, Police Personnel and Retired Persons,
Professional Physical Unfit or Disabled, Veterans,
Who Have Lost their Working Capacity or Labor
Capacity dated March 05, 2009
 Sub-Decree no. 21 on Changing of Unit Value of
Basic Salary Index of Civil Servants, dated
January 19, 2009
 Sub-Decree no. 32 on Increment of Allowance for
Spouse and Children of Civil Servants, Royal Armed
Forces, National Police Force, Retirees, Invalids and
Veterans with Disabilities, dated April 4, 2008
 Sub-Decree no. 14 on the Establishment of the
National Social Security Fund (NSSF), dated
February 5, 2008
 Sub-Decree no. 96 on Revision of Functional
Allowance for Civil Servants, dated August 3, 2005

62
 Sub-Decree no. 53 on Allowance for Civil Servants
Who Finished Initial Training at the Royal School of
Administration, dated May 29, 2007
 Sub-Decree no. 10 on Daily Subsidy Allowance for
Mission Within and Outside the Country, dated
April 12, 2004
 Sub-Decree no. 83 on the Statute of the Royal
School of Administration, dated December 14, 2004
 Sub-Decree no. 34 on Changes to Functional
Allowances for Civil Servants and Teaching
Allowances in the Education Sector, dated April 23,
2002
 Sub-Decree no. 50 on the Placement of Civil
Servants, Judicial Personnel, Police and Royal
Armed Forces Outside Their Original Body, dated
June 10, 1999
 Sub-Decree no. 34 on Special Leave of Civil
Servants Who Stand as Candidate for Parliamentary
Elections, dated June 2, 1998
 Sub-Decree no. 35 on Temporary Leave of Civil
Servants During the Preparation Period for
Parliamentary Elections, dated June 2, 1998
 Sub-Decree no. 9 on Establishing a Model of a
Particular Statue of a Body, dated February 12, 1998
and Attached Model of a Particular Statute
 Sub-Decree no. 59 on the Regime of Retirement
Pensions and Professional Unfitness of Civil
Servants, dated October 6, 1997

63
  Sub-Decree no. 10 on Establishing Procedures for
Imposing Disciplinary Sanctions on Civil Servants,
dated January 28, 1997
 Sub-Decree no. 38 on the Determination of the
Number of Required Teaching Hours, Additional
Teaching Hours and Fees for Additional Teaching
Hours for Teaching in Public Educational Institutions,
dated September 6, 1996
 Sub-Decree no. 20 on the Organization and
Functioning of Ministries and State Secretariats,
dated April 30, 1996
 Sub-Decree no. 21, on the Duration of the Workweek
of Civil Servants of the Kingdom of Cambodia, dated
January 30, 1996
 Sub-Decree no. 116 on the Legal Framework of
Leave Without Pay, dated October 19, 1995
 Sub-Decree no. 42 on the Creation of Committee of
Arrangements of Disputes Relating to the Civil
Service, dated May 17, 1995

Decision:
 Decision no. 52 SSR on Revision of Social Insurance
Policy's Allowances, dated December 6, 2005
 Decision no. 245 on Social Insurance Policy for
Senior Officials, State Employees, Retirees and
Invalids, dated November 5, 1988
 Decision no. 73 on Working Hours and Days off for
Senior Officials and State Employees, dated June 8,
1983

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Circular:
 Instructive Circular no. 33 for implementing Decision
no. 245, dated November 18, 1988

65
 Contact us

For more information or suggestions,

please contact:

Council for Administrative Reform (CAR)

The Office of the Council of Ministers
#41, Russian Federation Blvd,
Phnom Penh, Kingdom of Cambodia

Phone: 855-23 22 14 49 / 22 14 70
Fax: 855-23 22 14 49 / 22 14 70
Email: npar@car.gov.kh
Website: www.car.gov.kh

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