Labour law in Cameroon
Labour law in Cameroon regulates the relationship between employers and employees vis-a-vis the salary scale in Cameroon. Since an employment contract in Cameroon is like any other commercial contract, in determining whether a cessation of employment has occurred one has to look into the contract of employment.
An employment contract in Cameroon is between two parties and must contain all the elements of a valid contract to wit::- offer, acceptance, consideration, and intention to create legal relations. Breach of the employment contract in Cameroon is actionable. However, the employer must comply with certain labour laws in Cameroon before terminating an employment contract in Cameroon. We recommend your employment contract in Cameroon be drafted by a legal practitioner and employers should endeavor to adhere to the labour law in Cameroon.
Types of Employment Contract in Cameroon
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Contract determined by noticed
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Contract for a fixed term
Termination of an employment contract in Cameroon for unfair or inadmissible reasons when challenged in a court the employer must establish that the dismissal was based on a substantial reason such as gross misconduct, lack of qualification, incapability to perform assigned duties, or redundancy. In such cases, the courts usually take the employee’s statutory rights into consideration especially the minimum salary scale in Cameroon
In Cameroon, the main reason given by employers at times in support of their decision is that the employee has misconducted himself. There is no fixed rule of law defining the degree of misconduct that justifies dismissal. It is within the prerogative of the employee to determine which actions to categorize as misconduct as and justify dismissal. However, from long-standing practice among employers and judging by the general pattern that has emerged from established practice, the following representative’s acts of misconduct can be considered:-
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Infidelity
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Corruption
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Fighting on duty
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Drunkenness
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Gross Immorality
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Use of bad language
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Incapacity
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Professional misconduct
The labour law in Cameroon guarantees the right to work and the obligation of employers to respect the salary scale in Cameroon. The most popular remedy for unfair dismissal is damages and the principles underlying the assessment of damages is that of restitution in integrum in the general contract.
In conclusion, employers are statutorily bound to adhere strictly to the salary scale in Cameroon.
Article By: Barr Mafany Victor Ngando
Kinsmen Advocates
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.