Decision on Procedures and Mechanisms for Resolving Disputes or Complaints by Social Security Regulator

Introduction

On 22 November 2024, the Non-Banking Financial Services Authority issued a Decision No. 017 FSA.SSR on Procedures and Mechanisms for Resolving Disputes or Complaints by Social Security Regulator (“Decision“). This Decision sets out the procedures and mechanisms for resolving disputes or complaints within the social security system that have undergone dispute resolution procedures at the social security operator level but have not reached a settlement.

The key features of the Decision and the procedures and mechanisms set out therein, among others, are outlined below.

Complaint

Under the Decision, the parties involved in the dispute, or their authorised representatives, may file a written complaint to the Social Security Regulator (“SSR“) within 30 working days from the date the dispute remains unresolved at the social security operator level.

The written complaint must include the following information:

• Name, address, member identification number, and phone number of the parties or their authorised representatives;
• Objective(s) of the dispute; and
• Important facts, claim(s) and disputed point(s).

If necessary, the SSR may request additional information and documents from the parties. 

Reconciliation Process

After receiving a complete written complaint from the parties, the SSR will appoint either one or three conciliators to facilitate the reconciliation process. 

The reconciliation must be completed within 30 working days according to the following steps:

• The conciliator shall invite all parties in writing, or via other necessary means, to join meetings for reconciliation at a date and place determined by the conciliator.
• The conciliator may either hold meeting(s) with all parties together or conduct individual meeting(s) with each party separately. Minutes of each meeting will be prepared by the conciliator.
• Meeting(s) shall be held in private, joined only by the conciliator, assistant officer(s), and the parties in the dispute. The conciliator may allow translators, experts, parties’ authorised representatives, witnesses, and other relevant persons to join if deemed necessary.
• All relevant information and documents disclosed during the meeting(s) shall be kept confidential unless disclosure: (i) is agreed upon by the parties; (ii) is required by law and regulations; (iii) does not reveal the identities of the parties; or (iv) is used for purposes of study, research, or statistics by SSR without revealing the identities of the parties.

Suspension or Delay of Reconciliation

The reconciliation may be suspended or delayed for the following reasons:

• Withdrawal, change, disability, or death of the conciliator, unless there is more than one conciliator, and the reconciliation can be continued;
• Loss of ability or capacity of the parties to join the reconciliation, or death of parties involved in the disputes;
• Force majeure events; or
• Any other circumstances deemed by the SSR as affecting the reconciliation process.

Completion of Reconciliation

The reconciliation will be considered complete in the following cases:

• The parties have reached an agreement;
• The parties mutually agree to withdraw from the reconciliation process;
• The complainant withdraws the complaint;
• The death of the parties occurs without any successor to inherit the right(s) or obligation(s) that are the subject of the dispute; or
• The conciliator requests the SSR to close the case due to the parties’ failure to attend meeting(s), having been invited by the conciliator twice in a row.

If the parties reach a reconciliation, the conciliator will prepare a settlement agreement and provide one copy to each party, while retaining one copy with the SSR. Any unresolved points of dispute will be documented by the conciliator in a report. If the parties are not satisfied with the result of the reconciliation by the SSR, they may refer the case to the competent court of the Kingdom of Cambodia.

If you have any queries on the above, please feel free to contact our team members who will be happy to assist.