Gael
Employment/Labour Law
Gael Tchouba 14 Aug 2018

Employment/Labour Law

EMPLOYMENT/LABOUR  LAW IN CAMEROON

2018

 

EMPLOYMENT/LABOUR LAW CAMEROON

APPLICABLE LAWS

a)    Employment law in Cameroon is governed by Law N°.92/007 of August 14th 1992 instituting the Labour Code in Cameroon, together with a series of various decrees of applications and ministerial orders laying down the modalities as to the applicability of some sacrosanct provisions spelled out in the labour code. The labour code is considered as the grundnorm or underlying basis from which every other law (law governing employer/employee relationships) derives its sources. (see article 1 & 24 of the code which stipulates that irrespective of the place where the contract is made and the place of residence of either party, every contract of employment which is to be performed in Cameroon shall be governed by the provisions of the Labour Code.

 

b)   Collective conventions or collective agreements where applicable (see article 52 of the code)

 

c)    Company Agreements where applicable (see articles 57 of the code)

 

d)    Decided cases/ Jurisprudence.

 

 

SCOPE

The Labour Code regulates :

a)    Working relations between an employee (national or foreign) and an employer. Civil servants are shall not be subject to the provisions of the labour code.

Collective conventions are classified in two categories:

a)    National collective convention which regulates working relations between employers and workers of a particular branch of activity (e.g. trade, telecoms, seafaring, aviation etc).

It’s applicable to all workers/employee whose activities falls within the purview of the national collective convention, irrespective of them being privy to the said collective convention, provided there is a ministerial decree in favour of its extension thereby making it mandatory. (see decree n°93/578/PM of July 15th 1993 laying down the modalities as to the scope and enforceability of collective conventions)

b)   Collective conventions which regulates working relationships between workers and employers of a company or a group of company.

It is applicable to companies who are signatories to the said convention and those who choose adhere following the procedure prescribed by law. (see decree n°93/578/PM of July 15th 1993 laying down the modalities as to the scope and enforceability of collective conventions)

 

Company Agreements regulates working relations between one or more companies (employers) and representatives of a trade union. It has as scope to tailor the provisions of a particular collective convention to the needs of company or companies bound by it.  

In the absence of a collective convention, company agreement shall deal only with issues pertaining to wages and subsidiary allowances.

 

 

CONDITIONS OF EMPLOYMENT

Foreigners:

Every contract of employment concerning a worker of foreign nationality must be in writing and be endorsed by the Minister in charge of labour and vocational training prior to its commencement. (See article 27 of the code).

Nevertheless, where a worker is sent on secondment or temporary basis to Cameroon for a period not exceeding 06 (six) months, he shall not be subject to the provisions of the labour code thus no visa required by the minister in charge of labour.

 

Nationals:

There are no conditions of employment per se as any form of evidence can be used to ascertain the existence of an employment contract between the parties.

However, contracts of specified duration must be in writing.

 

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