A Step-by-Step Guide to Employment & Labour Law in Cameroon: Frequently Asked Questions (FAQs)
WHO IS A WORKER?
According to the Cameroon Labour Code, a worker is any person irrespective of sex or nationality who undertakes to place his services in return for remuneration.
IS MY CONTRACT OF EMPLOYMENT VALID?
For a contract of employment to be valid like any other contract there must be an offer and acceptance, the parties must have the capacity to contract, there must be a consideration and finally, the work to be done must be legal.
FORM OF CONTRACT OF EMPLOYMENT
The contract of employment can be formal or informal (written or oral). There is no requirement that the contract must be in writing but it is always better for contracts of employment to be written. Written contracts reduce the possibilities for any confusion and conflict in the course of its performance and in case of a dispute. A contract of employment may be recorded in whatever manner the contracting parties find convenient. Thus Employment contracts may be written, oral, partly written and partly oral or implied from conduct.
TYPES OF CONTRACTS OF EMPLOYMENT
Contracts for a specified duration
This is an employment contract with a definite or specified period for which the contract has to run.
The Labour Code defines contracts of specified duration as contracts whose termination is fixed in advance by both parties. A specified contract of employment can only run for 2 years renewable once. This means a specific contract of employment can only be run for a maximum of 4years at the end of which another contract has to be re-established
The Code provides for another form of a specified contract of employment which is a Contract of employment of a specified but non-renewable period. These are contracts whose termination is subject to the occurrence of an event in the future, which does not depend exclusively on the will of the parties, which is precisely indicated in the contract. For example, a contract concluded for the execution of a specified task.
Contracts of a specified duration are not subject to notice before termination.
CONTRACT OF EMPLOYMENT OF UNSPECIFIC DURATION:
The Code also provides for contracts for an unspecified duration. This is a contract in which the duration is not fixed in advance. Most contracts in Cameroon are for an unspecified duration. Usually, such contracts are meant to last till the worker retires. However, such contracts may legitimately be terminated at any time by either of the parties with the termination notice. A contract of unspecified duration can only be terminated with prior notice of the party terminating the contract or for the misconduct of one of the parties. The notice of termination must set out the reason for the termination of the contract of employment. The notice period shall start running from the date of such notification. Where the notice is given by the employer the worker has to be allowed one day off each week to look for another job. He may take this all at once or one hour at a time as he desires. During this time he is entitled to his full wages. Also, the employer also has to respect every obligation towards the worker.
OTHER FORMS OF CONTRACTS OF EMPLOYMENTS
The Labour Code has tacitly recognized occasional, seasonal and temporary jobs under which temporary job contractors recruit certain workers for employers. They are employments which are dictated by unexpected developments in the enterprise/industry. Such employment results from the unexpected growth of the company, the need for urgent workers to prevent imminent accidents, work for urgent repairs, and workers engaged to do seasonal work resulting from the seasonal nature of the company’s activities.
Temporary contracts may not be concluded for a period exceeding one day to 15 days and may be renewable more than once. Where seasonal, temporary and occasional Jobs extend beyond their legal term without termination they will become converted to contracts of unspecified duration.
EMPLOYMENT IN CAMEROON FOR CERTAIN GROUPS OF PEOPLE
Foreigners
Contracts for employment of foreign workers must be endorsed by the Minister of Labour. The employment of foreigners is subject to the written application. This application must be written by the employer and directed to the Minster of Labour for endorsement. The Minister has 2 months from the date of receipt of the application to either accept or refuse to grant the application for employment. If he fails to announce his decision within this period, he shall be deemed to have endorsed it. Also the renewal of contracts of foreigners is subject to endorsement by the Minister of Labour.
Women
The Code gives certain privileges to pregnant women who are employed. Under the Code, a pregnant woman can terminate her contract of employment without giving notice to her employer and shall not be terminated from her employment. The Code provides that an employer may not terminate the employment of a woman because she is pregnant.
The Code provides for a total of 14 weeks for maternity (approximately 31/2 months) leave. This period starts running four weeks before the date of confinement (estimated as one month). The four weeks may be extended to 6weeks where the woman has a duly certified illness resulting from pregnancy. During such maternity leave the employer has no right to terminate the woman’s employment. If the woman puts to birth before the due date of delivery the period of her leave must be extended such that she enjoys the full fourteen weeks she is entitled to leave. However, if she puts to birth after the due date of delivery, if she has already taken her leave for the four weeks leave before the date of confinement (and even extended beyond the four weeks confinement) this does not reduce her postnatal leave she is entitled to. Pregnant women during the maternity leave are entitled to daily allowance that the National Social Insurance Fund has to pay to her. This amount shall be equal to the wages of a worker who has been suspended from employment. She is also entitled to benefits from social and family welfare.
Women who are employed are entitled to nursing break of 15 months (estimated at 1year3 months) after the birth of the child. The total of the nursing breaks shallot exceed an hour (each) working day.
Children
The Labour Code provides that “no child shall be employed in an enterprise even as an apprentice before the age of 14 except as otherwise authorized by an order of the Minister in charge of Labour taking account of local conditions and the Jobs which the children may be asked to do. As such once a child attains the age of 14 he may be employed in an enterprise or may even be an apprentice in an enterprise.
TERMS OF EMPLOYMENT
Express Terms:
In Cameroon, a worker and an employer are free to negotiate the terms of employment as they wish. Usually, it is important that certain terms be expressly stated in the Contract of employment. Such terms include and are not limited to:
a) Name of the employer and the employee.
b) Title and description of the worker’s job.
c) The date and duration of the employment.
d) The scale and remuneration and the method of calculation of wage.
e) The interval between which wages shall be paid.
f) Injury, sick, leave and transport pay,
g) Pension scheme
However, the Labour Code also specifically allows the head of an enterprise to formulate internal regulations often called work rules. These are rules relating to the technical organization of work, disciplinary standards and procedures, and safety and hygiene at work necessary for the proper functioning of the Company. A contract of employment may also be amended while it subsists. This can be done on the initiative of either party to the contract. Such amendments must however be mutually accepted by both the worker and the employer for them to be valid and effective.
Implied terms:
Customs which have become notorious in particular employments or industries are often implied into a worker’s employment where the contract is silent on the issue.
Work Periods
According to the Labour Code where an enterprise has an official 5 days working week, the worker is not allowed to work beyond 8 hours a day. Similarly, where an enterprise has a six days working week, the worker may only work for 6. 6. hours a day. In total a worker is allowed to work for only 48 hrs a week- 2400 hours per year.
REST PERIODS
There are 2 categories of rest intervals in Cameroon:
Weekly Rest
The traditional practice is that the worker is entitled to a one day period of rest for a seven day working week. Weekly rest is compulsory i.e. 24 consecutive hours rest. The rest period shall as a rule is on Sunday and may not be replaced by a compensatory allowance.
Leave
As a general rule, every worker after working for certain defined periods is entitled to a holiday for a specified period with full pay.
The employer is obliged to offer a worker paid leave at the rate of one and a half working days for each month of actual service.
The parties could themselves agree on better leave conditions.
Since leave is calculated on the basis of yearly services, it is clear that a worker who has put in a year of continuous service is entitled to at least an annual leave of 18 days.
Under S. 89 (4) of the Labour Code workers are entitled to a maximum of 10 days special leave on the occasion of family events directly concerning their homes, e.g. death of a family member etc.
Worker’s Certificate of Service
An employer is obliged to issue a certificate of service to a departing worker. The certificate shall include the worker’s date of employment and date of departure and the various positions held with dates. No reference is made to the reason for terminating the contract of employment
An employer who fails to provide a worker with a certificate of service as prescribed is liable to a fine of from 100,000 FRS to 1.000.000frs
TERMINATION
The Code provides for termination in the case of unspecified contracts of employment. A contract of employment can be terminated at will by either party provided notice of termination which must state the reason for terminating the contract of employment. The Code prescribes notice periods to run from 15 – 30 days or one month depending on the professional status of the staff. The notice period may also be agreed upon by the parties. A termination notice which last for only one day whether agreed by the parties is wrongful notice.
The terms of an employment contract may provide for the payment of a salary in lieu of a termination notice. The appropriate thing is for the worker to be paid on the date the termination takes effect. A mere offer to pay the salary in lieu of notice at a future date is incompetent as payment must be immediate.
A worker who proposes to immediately leave his employment could be required to pay the employer salary in lieu of notice.
DISMISSAL
A worker may be dismissed without notice in case of serious misconduct subject to the findings of the competent court regarding the gravity of the misconduct. Dismissal may only tie to the fault of the worker. Serious misconduct refers to the unintentional act of the worker in the course of employment which causes considerable loss to the employer.
DISMISSAL FOR CONDUCT INCOMPATIBLE WITH EMPLOYMENT
A worker whose conduct is incompatible with a faithful discharge of his employment duties can be dismissed under e.g. willful disobedience to lawful and reasonable orders, theft of employer’s property, gross incompetence etc.
CRIMINAL MISCONDUCT IN EMPLOYMENT:
It does happen sometimes that the misconduct of the worker which is considered incompatible with his employment also constitutes a criminal offence. Where this is the case, it becomes imperative that the employer proves the misconduct of the worker forming the basis of his dismissal beyond a reasonable doubt.
CAN A SINGLE MISCONDUCT JUSTIFY DISMISSAL?
This depends on the circumstances of each case e.g. a single misconduct which strikes at the root of the employment such as theft could correctly lead to the dismissal of the worker’s employment.
DISOBEDIENCE OF REASONABLE ORDERS
This may include:
– Refusal to go on transfer is tantamount to misconduct which justifies dismissal.
– A situation where workers do just what they please and refuse to obey the reasonable instructions of the employer can only move towards anarchy which is incompatible with the employment contract. On the contrary, it is true that where obeying a will expose the worker to unacceptable levels of risk, the worker is not obliged to respect it.
– Note equally obliged to do acts that are not contemplated as terms in their contractor employment.
– If the parties had agreed that a particular disciplinary measure be taken before dismissal, the same must be respected. The worker’s misconduct (no matter how grave) does not ordinarily change the party’s terms of employment on the disciplinary procedure to be followed.
DISMISSAL FOR ECONOMIC REASONS
A worker may be dismissed for economic reasons where the employer for one or more reasons not inherent in the person of the worker relieves the worker of his service.
The discharge must result from an abolition or transformation of post or an amendment to the contract of employment consequent on economic difficulties, technological changes, or internal reorganization i.e. circumstances beyond the control of either the Employer or the Employee. Dismissal can only be legal under this head if the employer proves to the labour inspector that all measures to safeguard the employment had been deployed to no avail e.g. reduction of working hours, shift work, part-time etc. review of allowances and wage cuts etc., in this case, dismissal – consideration shall be based on the worker’s seniority at work and family responsibilities. Additionally, an employer cannot terminate a worker who has been justifiably sick for a period of more than 6 months.
RELIEF FOR DISMISSAL
A worker is entitled to damages where his employment is wrongfully terminated. The damage shall be calculated taking several issues into consideration which may include inter alia the qualification of the work, and his posts of occupation. The damages shall not be less than 3 month’s salary or more than one month’s salary per year of service in the enterprise.
COMPENSATION FOR WORK-RELATED INJURIES
In Cameroon, the National Social Insurance Fund is responsible for work-related injuries. Usually, workers are registered by their employers with the National Social Insurance Fund. Employers then make monthly payments to the Fund in case of work-related injuries, pension, etc. In the case of any work-related injury, where the employer has failed to make monthly payments to the Fund, the National Social Insurance Fund has to pay out the money for work-related injuries and then recover them from the employer. As such the Labour Code does not make detailed reference to compensation for occupational mishaps or the payment of social insurance benefits to workers. Also most private insurance companies don’t handle such claims.
a) Compensation for Industrial Accident:
– The worker must state that he has sustained an injury or fallen ill in the course of the performance of his work.
– When it occurs during travels funded by the employer. The accident should not have occurred along the route which the employee diverted for reasons unconnected with his job. Industrial Accident has to be violent and sudden.
– The worker must have sustained injury.
– Employer must be affiliated with the National Social Insurance Fund.
– The place where meals are taken: it should be the place habitually used by the worker.
– The protected route – constituted an industrial accident. It must occur during the normal time required to cover the legally protected route.
The worker must therefore establish the link between the alleged injury or the disease and the worker’s employment.
PROCEDURE FOR FILLING COMPENSATION CLAIMS
1) The victim of an occupational hazard must inform his employer as soon as possible.
– The employer on the other hand has a period of not more than 3 days beginning from the date of notification by the worker to notify or declare the accident or illness to the National Social Insurance Fund.
– Failure by the employer to notify, the National Social Insurance Fund, the victim has a period of 3 years following the date of the accident or the date on which the disease is medically established to make the declaration to the National Social Insurance Fund himself.
– The application is on a special form provided in 3 copies.
– The application is made to the National Social Insurance Fund centre responsible for the place in which the accident occurred along with the initial medical certificate.
– A claim made after the 3 years limit becomes statute barred. Not even a court can grant an extension of time.
– The claimant must have been duly registered with the fund.
Section 17(6) of Decree No 77/11 of 1979 states thus: “In all cases, the National Social Insurance Fund takes charge of all industrial accident and professional illnesses occurring during work on account of an employee not registered and recover damages paid over from the employer”.
– Medical certificate of the victim be made in 4 copies and forwarded to the Insurance Centre, the employer, the worker and the physician respectively.
– An employer who has not complied with this law shall be punished with a fine of 5.000 FRS.
In case of repeated offence, the offender shall be liable to imprisonment ranging from 1 month to six months or to both such imprisonment and fine and irrespective of other charges to be paid.
– Irrespective of the above sanctions, the National Social Insurance Fund is permitted to pursue the employer to pay allowances that are unpaid.
VICARIOUS LIABILITY ACTS OF WORKERS
Employers are liable – if a 3rd party brings an action against the act of the Employee acting within the scope of his authority: Civil Responsibility
Article by CHUO ANGABUA JUNIOR
‘’The content of this article is intended to provide a general guide to the subject matter. We insist specialist advice be sought depending on your specific circumstance’’
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