Labour Law

Syllabus
1- General Introduction
 Definition of labour law
 Scope of labour law
 Objectives of labour law
 Evolution of labour law in Cameroon
 Sources of Labour Law in Cameroon
2- Contracts of Employment
 Definition
 Characteristics of a contract of employment
 Types of contracts of employment
 Execution of a contract of employment
- Modification of a contract of employment
- Suspension of a contract of employment
 Termination of an employment contract
 Rights and duties of an employer and an employee
3- Staff Representation
 Definition
 Functions of a staff representation
 Privileges or advantages of a staff representative
4- Trade Unions
 Definition
 History of trade unions
 Characteristics of a trade union
 Objectives of a trade union
 Types of trade union
  Formation of a trade union and an employer’s union
 Problems of trade union
5- Labour Dispute
 Definition
 Types of Labour Disputes
 Procedures to solve a labour dispute
6- Social Security Law
 Chapter 1
 General Introduction
 Definition of labour law
These are the rules and regulations that governs the relationship between the
employer and the employee.
 Objectives of labour law
The purpose of labour law, is for the following reasons:-
1- To promote and protect the rights of workers who find themselves at a weaker bargaining
position as compared to the employer.
2- To create a balance between the employer and the employee, therefore both of them must
be protected. The government gives them the opportunity to carry out actions like strikes
for the employees, while the employers can carry out lockouts (keeping the employee
from their place of work by the employer for some reasons) and dismissal.
3- To maintain political stability. Reasons being that there is a relationship between work and
politics.
4- To maintain social peace.
 Evolution of labour law in Cameroon
The evolution of labour law can be broken down into three sections; the pre-colonial
period, colonial and post-colonial period.
A- The Pre-Colonial Period.
During this period, no labour law existed in Cameroon. The labour relationship was
governed by the customs of the people.
B- The Colonial Period
The Germans annexed Cameroon and ended up with the signing of the Germano-
Douala treaty on the 12th of July 1884, and the German flag was hoisted on the 14th of
July 1884. Consequently, the annexation of Cameroon was brought under the Germans.
The Germans created many companies and Plantations, such as; the Gesellschaft Nord
Kamerun and Gesellschaft Sud Kamerun. They employed many workers and therefore,
the German Labour law was what was applicable in Cameroon.
During the defeat of the Germans in the First World War in 1916 by the joined
allied forces of Britain and France, this brought an end to German administration in
Cameroon.
After the war, Britain and France jointly administered Cameroon through the
condominium, which failed. This led to the partition of Cameroon by Britain and France.
Britain took 1/5 and France took 4/5. This partition was legally recognized by the signing
of the Simon-Milner agreement on the 10th July 1919. This partition was later recognized
by the League of Nations and the territories were handed to the British and French as
mandated territories.
Britian applied the Common law relating to labour law via Nigeria to Southern
and Northern Cameroon, while France applied the Civil law relating to Labour Law in
East Cameroon, until 1952 when the French labour code was created. The new French
 labour code, was then applicable in French Cameroon until it gained independence on
the 1st of January 1960, and British Cameroon also gained its independence on the 1st
October 1961. On that same day, there was reunification of British and French
Cameroon
C- The Post-Colonial Period
After independence, Cameroon continued to use the Colonial labour code from Britain
and France. However, the situation changed in 1967 when Cameroon enacted its own
labour code. Cameroon labour codes since independence include:
- The federal code of 1967 created by law No 67/LF of 12/06/67
- The unitary labour code of 1974 created by law No 74/14 of 27/03/74
- The enterprise-oriented labour code created in 1992 by law No 92/007 of
14/08/92

The unitary labour code was worker-oriented for it protected the workers from hard and
dubious employers, while the enterprise-oriented labour code demanded that contracting
parties should freely negotiate the terms of their contract.

 Sources of Labour Law in Cameroon

Sources of labour law are classified into internal and external sources. They
include the following:-
A- Internal Sources
This includes the Constitution, legislations and internal rules and regulations
of the company.
1- The Constitution
The preamble of the 1996 constitution is to the effect that every
Cameroonian has a right to work.
2- Statutes or legislations
Statutory law is law emanating from parliament in relation to labour
relationship. In our situation at hand, we shall be making references to the
1992 labour code enacted by parliament to regulate labour relationship in
Cameroon.
3- Internal rules and regulations of the company
These are set of rules and regulations laid down by management relating
to the organization, work, discipline, hygiene, and safety necessary for a
smooth functioning of the establishment.

B- External Sources
This is a text prescribed by the international labour organization (ILO) to
regulate labour relationships within member states that are signatories to the
convention and have undergone ratification of the said convention.
  Scope of labour law
The Labour code is the law applicable to all relationships between the employer
and the employee.

Categoris of workers governed by the labour code

- Workers of Private companies
- Workers of para public companies
- State agents
- Public contract workers.
Categories of workers not governed by the labour code
- Civil servants of public service
- Workers of legal departments like Magistrates, judges, lawyers
- Workers of the Armed forces and National Security
- Workers of the penitentiary administration and auxiliary staff like warders
 CHAPTER 2
Contracts of Employment

 Definition
As defined in Section 23 of the Cameroon Labour Code a contract of employment is an
agreement between the employer and the employee, where by the employee agrees to
provide their services, under the management and supervision of the employer, for
remuneration in the form of a salary or wages.
 Characteristics of a contract of employment
The general characteristics of an employment contract are as follows;
1. It is an onerous contract. This means there must be remuneration.
2. It is a contract intuitu personae. That is, the employee must do the work by
themselves, and it should not be assigned to another, without the authorization of
the employer.
3. It is a contract of subordination. Meaning the worker or employee must be under
the management and supervision of the employer.
4. It is a contract of reciprocity. This means there must be mutuality of obligations
between the employer and employee. (That is, the duty the employer owes the
employee and vice versa.)
5. It is a contract of successive performance or execution. This means the relationship
must be one in which it is continuous and should not be stopped at will or at any
time, except on notification.
 Types of contracts of employment
Section 25 of the labour code talks of the various types of employment contracts such as;
1. Employment contracts of a Specified duration
It is defined as an agreement between the employer and employee, whereby they
know in advance when to begin and end their labour relationship.

Characteristics of a contract of Specified duration

1- The contract must be in writing.

2- It must have a fixed duration of not more than 2years, renewable once.
3- It can be renewed once, and if it goes beyond, it becomes a contract of
unspecified duration.
4- There is no continuous subordination under the same employer.
5- It is not a delicate contract. This is because there is a fixed duration when the
labour relationship should end, thus the parties cannot breach or terminate the
contract at will.
6- There is job security.
 Other specified duration contracts
1) Occasional Contracts
It is a contract between the employer and the employee, to provide urgent services. For
example, repairs of machines or equipment. For a specified duration like 15 days and
can be renewed once. If it goes beyond, it turns to an employment contract of
unspecified duration.
2) Temporary Contracts
It is a contract to replace an absent worker, due to instances like maternity leave,
illness, suspension or a sudden increment in the amount of work in the organization.
The duration is 1year and cannot be more than 1 year, whether it has been renewed or
not. If it goes beyond, it turns to an unspecified duration contract.
3) Seasonal Contracts
This are contracts that are being entered into based on the business season, but does not
supersede 6months, whether it has been renewed or not. For example, contracts to plant
or harvest, Christmas businesses etc.

Advantages of a specified duration contract

1- There is job security.

2- There is no continuous subordination under the same employer for a long period of time.

Disadvantages of a specified duration contract

1- You cannot terminate the contract before the date of termination excluding the exceptions.

2- Contracts of unspecified duration

It is defined as an agreement whereby they (who?) do not know in advance when to begin and
end their labour relationship.
Characteristics of a contract of Unspecified duration
1- The contract can be in writing or verbal.
2- It does not have a fixed duration
3- It is a precarious contract or delicate contract because it can be terminated at any time
by any of the parties, provided a notice is given.
4- The notice period is based on the category of the workers and longevity. (section
34(3) L.C)
Category Less than 1year 1-5 years More than 5 years
1-6 15 days 1month 2months
7-9 1month 2months 3months
10-12 2months 3months 4months

Note that, notice is important because it gives the worker an opportunity to look for another job,
and for the employer to look for another employee.

During the notice period, the worker is given 1 day free of their choice to look for some other job.
Advantages of a contract of unspecified duration
1- Job continuity
2- Benefits at the end of your contract (retirement benefits)

Disadvantages of a contract of unspecified duration

1- The most fragile type of contract
2- You remain with the same employer for so long.

How can a contract of specified duration become a contract of unspecified duration?

1- When a contract of specified duration is renewed more than once.
2- When a contract of specified duration on its renewal, is renewed for a longer period than the
original duration.
3- If the contract comes to an end, and labour relationship continuous for a considerably long
period of time like 2months, if the employee is dismissed, they can sue the employer for
wrongful dismissal. However, note that if labour relationship continuous after for a period like
less than 2weeks, this is not sufficient to make the contract become a contract of unspecified
duration.

Particular forms of Contracts of employment

There are some contracts of employment that have particular forms due to their particular
characteristics. Such as;
1- Contracts of Probation
It is defined according to Section 28 of the Labour cade as an agreement between the
employer and the employee where by the employer appreciates the professional services
of the employee and the employee appreciate the general working condition of the
employer.
Characteristics of a contact of probation.
i- The contract must be in writing
ii- It must have a fixed duration based on the category of the worker.
iii- It can be renewed once, and if it goes beyond it becomes a contract of unspecified
duration.
iv- It is a precarious contract or delicate contract because it can be terminated at any time
by neither any of the parties without notice nor payment of damages.
v- During probation, the worker earns a salary of their category.
vi- The period of probation adds to longevity in service or work experience.
2- Contracts of Apprenticeship
As defined under section 45 of the labour code, a contract of apprenticeship is an agreement
between the head of an establishment and an apprentice whereby the head of the establishment
accepts to provide a specific training to the apprentice and for the apprentice to abide to the rules
and regulations of the head of the establishment.
1- Characteristics of a Contracts of Apprenticeship
i- The contract must be in writing
ii- It is a contract intuitu personae. That is, the apprentice serves only the master.
 iii- The capacity in terms of age to sign a contract of apprenticeship for the apprentice is
14years (minimum) and the head of the establishment should be at least 21years.
iv- The duration of apprenticeship should not be beyond 4years because if it goes beyond
4years it turns to an employment contract of unspecified duration.
v- It cannot be terminated before the stated time limit except he/she refuses to learn or
the head of the establishment dies.
vi- The apprentice must bring their working tools to acquire trainings, and at the end the
head of the establishment must issue a certificate of end of apprenticeship.

Try to differentiate between a contract of apprenticeship and a probation contract

 Execution of a contract of employment
A- Modification of a contract of employment
Modification of an employment contract is the changing of an employment clause. The
procedure or manner of modifying an employment contract will depend on the type of
clause, such as;
1- Substantial clause

These are clauses that deal with the heart of the contract. For example,
remuneration, job description etc. To modify such a clause, the employer and
employee need to agree on the modifications to be made.
2- Non-Substantial clause
These are clauses that are not of high priority and do not deal with the heart of the
contract. For example, changing the employee’s office location at the place of work.
This type of clause does not need the consent of the employee to be modified.
B- Suspension of a contract of employment
Suspension simply means a tentative or temporary stop of the relationship. It can
be based on the following reasons;
1- Suspension due to Illness: There are two types of illnesses that can lead to
the temporary stoppage of labour relationship, which are ordinary sickness
and occupational illnesses.

i- Ordinary sickness or illness: This is illness not derived or caused by

doing a particular job at the place of work. For example, Fever, headache,
malaria, cancer etc.

Here, a contract cannot be suspended for more than 6months, but if it goes
beyond 6months, the contract can be terminated and the worker replaced.
During this period, the should be paid (See section 33 of the Labour code).
ii- Occupational illnesses: It is an illness derived from doing a particular
job at your workplace. That is, gotten from your job. E.g an accident, etc.

Here, the contract can be suspended, and there is no duration for its
suspension, as it goes till the employee has recovered or admitted into early
retirement. If the employee cannot get well, they can present a medical
certificate of incapacity and the contract will be terminated. During this
period, the worker is paid by the social insurance fund.
2- Suspension due to Maternity Leave: It is 14days, 6weeks and can be added when
the worker faced some complications after delivery. The female worker goes on
maternity leave 4weeks before the due date of delivery and after delivery, she has
1hour per day to feed the baby for 15months. During this period, the female worker
is paid a daily allowance equivalent to her monthly salary, paid by the social
insurance fund. (See section 84(5))
3- Suspension due to further studies: If the employees further studies is proposed
and cost covered by the employer, the employee’s salary will be paid, and they are
to come back after studies and work with the company. This means that, there must
be exclusivity clauses preventing them from working elsewhere for a certain period
of time. If the training is proposed by the worker, they are not entitled to any salaries
during this period of time.
4- Suspension due to detention: This is when the employment contract of the worker
is suspended because they have been locked up in the cell. But it can lead to
termination when it creates doubts in relation to the character of the worker.
5- Suspension due to political reasons: This is when a worker is appointed to a post
of responsibility, like a senator or minister or elected at the parliament. During this
period, the worker is not paid.
6- Suspension due to Military reasons: This is when the employment contract of
some workers is suspended in order for them to defend the nation in times of war.
(section 32(a & b)).
7- Suspension due to lay off: This is when the company is facing some financial
difficulties and decides to suspend the contract of some workers. The duration is
6months and during this period the workers are paid as follows:
1st month= 50% of their salary
2nd month = 40% of their salary
3rd month= 35% of their salary
4th month= 30% of their salary
5th month= 25% of their salary
6th month= 20% of their salary
8- Suspension due to meeting the spouses: A husband or wife can suspend their
employment contract to meet their spouse. During this period, the worker is not
paid, and should not be more than 2 years , which can be renewed by a mutual
agreement between both parties.(section 32 (J)).
9- Suspension due to force majeure: This an unforeseeable, unpredictable and
inevitable act that has affected the subject matter of the contract. For example, the
death of one of the parties, war, terrorist attacks. (give the case of the bamenda-
bafoussam stretch of road that had to be suspended bc of the Anglophone
crises)
10- Suspension due to act of prince: This is when a contract is suspended due to an
administrative decision from an authority or public person who is a party to the
contract. For example, an authority suspends the execution of a contract to which
they are a party to for some reasons.
11- Suspension due to act of God: This is when a natural disaster affects the subject
matter of the contract. For example, floods, earthquakes, storms, eruptions, etc
 Termination of an employment contract
Termination means a permanent stop of the labour relationship.
Modes of Termination.
1- By the agreement of the Parties: The parties can agree in their
contract on how to terminate the employment contract. For example:-
- In an employment contract of a specified duration, the parties agree in the
contract, to terminate it after a particular duration. Except in situations of gross
misconduct, force majeure, or by the written consent of both parties.
- In an unspecified duration, the parties agree to terminate it at any time, provided
a notice is given, with well justifiable reasons if such a termination is from the
employer. However, it can be terminated without notice in cases of gross
misconduct, unforeseen circumstances, etc.
- In the situation of an ordinary sickness, the contract can be terminated when the
suspension has gone beyond the time period of 6months. Also, for occupational
illness, the contract can be terminated if the worker shows a medical report of
total incapacity.
2- Termination due to the death of one of the parties: The death
of one of the parties, especially the worker, can lead to the termination of the
employment contract.
3- Termination due to Force majeur: This is an event that is
unforeseeable, unpredictable and inevitable, that has permanently affected the
subject matter of the contract.
4- Termination due to the Act of God: This is a natural disaster that
has totally damaged the subject matter of the contract.
5- Termination due to dismissal: This is when the employment contract
of a worker has been terminated due to gross misconduct. There is a difference
between dismissal and termination. Dismissal carries an infamy, shame or
disgrace and there are some payments that will not be made to the worker such
as Severance Payment

Severance Payment
It is a benefit or an amount of money paid to an employee whose employment contract was unwillingly
terminated, and not due to serious misconduct.
 Rights and duties of an employer and an employee
A- DUTIES OF AN EMPLOYER AND EMPLOYEE
I- DUTIES OF THE EMPLOYEE
1- The duty to provide his/her services, which must reflect his capacity.
2- The duty to be accountable to the employer.
3- The duty to indemnify. That is, the employee should be able to compensate the employer
for any damage caused in the exercise of their contract.
4- The duty to avoid conflict of interest. Meaning that, the employee should not mix their
business with that of the employer.
5- The duty of fidelity. That is, the duty not to make secret profits from the employer, in the
exercise of one’s services.
6- The duty of confidentiality. The employee is not supposed to disclose any vital information
to 3rd parties about the company, except with the employer’s consent, or where public
interest is at stake. The duty to confidentiality goes even after the termination of an
employment contract.
7- The duty not to delegate powers to the 3rd party without the consent of the employer. Based
on the latin maxim “delegatus non potest delegare” which means, “no delegated powers,
can be further delegated”.
8- The duty to be of integrity. That is the employee should be honest and have high moral
principles.
II-DUTIES OF THE EMPLOYER
1- The duty to provide work for the employee, which should not be above his capacity. Therefore,
the employer should not frustrate the employee, by not providing work to be done, or providing
work that is above their capacity.
2- Duty to remunerate the employee. The employer has the duty to remunerate the employee for
services provided. This is because an employment service is not gratuitous or free of charge.
3- The duty to indemnify the employee for any damaged caused.
4- The duty to register the employee in the social insurance fund and also to deduct from their wages
social insurance contribution which is 4.2% of the employee’s salary and contribute to the
national social insurance fund.
5- The duty to provide a favorable working conditions for the employee.
6- The duty to provide attestations for end of labor relationship.
7- The duty to provide an employment contract, and a copy given to the employee.
8- The duty to provide working equipment or tools.
9- The duty to provide severance payments.
10- The duty to provide itemized payment statement or pay slip.
B- RIGHTS OF AN EMPLOYER AND EMPLOYEE.
THE DUTIES OF THE EMPLOYER ARE MOSTLY
THE RIGHTS OF THE EMPLOYEE AND VICE
VERSA.
 CHAPTER 4
Trade Unions
 Definition
A trade union is defined as an organization formed by workers from related fields that
work for the common interest of its members to ensure the social, economic, cultural and
moral advancement of its members. For example, fairness in remuneration, good working
conditions, hours of work, work benefits and also to provide a link between the
administration and the workers.

On the other hand, an employers association is an organization of employers to study,

defend, promote and protect the economic, industrial, commercial and agricultural
interest of the employers.
 History of trade unions
The need to create TUs began in the 18th C due to industrialization and the rapid increase
in the number of employees. The employees were poorly paid besides long working
hours, faced a lot of wrongful dismissals and were forced to work with sophisticated and
dangerous machines without health and safety standards leading to accidents, diseases
and high mortality rate amongst workers.

The concentration of power in the hands of the employers, led to the creation of TUs. The
trade unions were resisted by employers and branded as conspirators. Consequently, in
Britain, an act was passed in 1799 called the Combination Act (CA) which banned trade
unions.

Finally, in 1872, TUs were legalized when the Royal Commission of TUs revealed the
importance to employers and employees leading to the growth of TUs in other countries.

In France, it was illegal up to 1884. The Bourse du Travail was founded in 1887 and
merged with Federation National Du Syndica to form the General Confederation of
Labour in France, founded in 1895.

Freedom of Trade Unions was also realized in the Universal Declaration of Humans and
Peoples Rights of 10th Dec 1948.

In Cameroon, freedom of TUs was provided for in the Preambles of the 1972
Constitution, amended by subsequent Constitutions. Cameroon also ratified (the act of
signing or giving formal consent to a treaty, agreement etc.) the section of the
preambles of the ILO. In 1972, a single trade Union was created called the National
Union of Cameroon workers.
 Characteristics of a trade union
1- It must be a group created to protect the interest of its members.
2- It should be autonomous (independent) with its own resources and needs no external
intervention in the management of its affairs.
3- They must be free from government and political influence.
4- They are not political parties.
5- They should have freedom of expression to defend their common interest.
6- They should have the right to carryout legal actions either individually or
collectively.
7- The right to negotiate for the interest of the workers and to protest.
 Objectives of trade Unions
1- To bargain for better wages or salaries for employees.
2- To assist workers to be conscious and well organized.
3- To study and adopt realistic approaches to solve problems
4- To protect the interest of workers and maintain a balance between the employer and
employee.
5- To train workers to adapt to new skills.
 Types of trade union
1- Craft Unions: It is the oldest form of unions meant to organize workers according to
their particular skills like; carpenters, engineers, painters etc.
2- Industrial Unions: It is made-up of all workers in a particular industry no matter
their profession.
3- General Unions: It is made of workers of all professions irrespective of their
professions or their place of work, nature or industrial qualification. For example, the
Union of Free Trade Unions of Cameroon or Union des Syndicats Libre du
Cameroun (USLC).
4- White collar union: it is made-up of administrative, clerical staffs and other non-
manual employees. It is most often found in the teaching, banking, civil service and
local governments.
 Formation of a trade union and an employer’s union
Conditions for formation of a TU
1- A person can become a member of a trade union if he is a worker at the moment of
joining. Notwithstanding, a person that has ceased to be a worker can be a member of
a trade union and has carried out his operation for at least 6months and/or is engaged
in union activities.
2- Any application for the registration of trade unions shall be signed by at least 20
workers.
3- The applicant for the application of the trade union must possess his/her civil rights.
That is, must not be an ex-convict.
4- For foreigners, they must have resided in Cameroon for at least 5years
5- Their rules should comply with the provisions of law.
 Conditions for formation of an Employer’s union
1- The application should be signed by at least 5members.
2- The members must possess their civic rights. That is, should not be ex-convicts
3- Their rules should comply with the provisions of law
4- For foreigners, they must have resided in Cameroon for 5years.
Registration of a TU and Employers Union
1- An application to register the union or application is accompanied by 2copies of their
rules and regulations and the list of the names of the officers of the union or
association and their titles.
2- The registrar will acknowledge receipt of the application
3- He will examine and register it within 1month. Above this duration provided, the
union or association is considered to be registered.
4- The registrar cannot register any union with an identical name of an existing union.
5- If the application does not respect the conditions for registration, the registrar will
inform the applicant by writing, stating the reason, for the applicant to resubmit the
application.
6- If the applicant resubmits, the officer will either register the union or refuse to
register it, but will notify the applicant in writing within 30days, the reason for the
refusal.
7- The registrar has the powers to cancel the registration of the TU and EU due to the
following reasons:
i- If the certificate of registration was fraudulently obtained
ii- When the registered TU or EU has intentionally violated provisions of the
labour code
iii- If the TU or EU has ceased to exist.

Before such cancelation, the registrar shall give the association or union a
2months notice and the reason for such a decision shall be provided.

The cancellation must be published in the official Gazette, and any member
who is not satisfied with the cancellation, can institute legal procedures in
court within 30days from the day of the notification of the decision to cancel.
 Problems of trade union
1- Lack of awareness on the existence of TUs by workers.
2- Majority of the workers are not members of the TU because they are ignorant of
its role in the labour market.
3- The intervention of the government in the administration of trade unions has
frustrated the purpose of TUs. Therefore, TUs has become more of a formality
since it is more political.
4- The greatest problem faced by TUs today is that of tribalism, nepotism
(practice of those in power favouring family and friends), sectional
tendencies (favoring a particular region over the other), leading to
fragmentation of TUs.