Employment and Labour Matters – International Power law Alliance https://www.international-powerlaw-alliance.com Advocates, Professionals & Consultants Tue, 07 Feb 2023 15:30:05 +0000 en-GB hourly 1 https://wordpress.org/?v=6.5.5 https://www.international-powerlaw-alliance.com/wp-content/uploads/2019/10/cropped-favicon-150x150.png Employment and Labour Matters – International Power law Alliance https://www.international-powerlaw-alliance.com 32 32 APPLICATION FOR A TEACHING LICENCE https://www.international-powerlaw-alliance.com/practice-blogs/application-for-a-teaching-licence/ https://www.international-powerlaw-alliance.com/practice-blogs/application-for-a-teaching-licence/#respond Tue, 07 Feb 2023 15:02:08 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=3064 The application for a teaching certificate must include the following
documents:

  • A stamped application formulated by the candidate specifying the
    subjects to be taught and the number of hours to be devoted to them,
  • A certified copy of the basic professional diploma (Doctorate in
    Medicine, State diploma in Nursing, etc.),
  • A certified copy of the higher nursing education diploma possibly ;
  • A birth certificate;
  • An extract from the criminal record dating back no more than 3
    months;
  • A certificate of medical examination issued by a doctor attesting that
    the applicant is not suffering from any contagious disease and is free
    from any tuberculosis, and dated less than 3 months.
    The file thus constituted shall be sent by the head of the establishment
    concerned to the Ministry of Public Health under the cover of the
    Provincial Delegate of Public Health.
    Teaching licenses are issued by decision of the Minister of Public
    Health.
    Full-time teaching licenses are valid for one private institution only.
    Part-time teaching authorizations may be valid for all private, Catholic,
    Protestant, Islamic or secular education organizations.
    These authorizations may also be revoked at any time for any serious
    professional fault deemed incompatible with the exercise of the
    educator’s function. They must be revoked in the event of a prison
    the sentence, which must be followed by the withdrawal of the teaching
    authorization, and in the event of a conviction for recklessness, except
    in the case of a hit-and-run accident.
]]>
https://www.international-powerlaw-alliance.com/practice-blogs/application-for-a-teaching-licence/feed/ 0
EMPLOYER’S OBLIGATIONS https://www.international-powerlaw-alliance.com/practice-blogs/employers-obligations/ https://www.international-powerlaw-alliance.com/practice-blogs/employers-obligations/#respond Tue, 07 Feb 2023 14:26:02 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=3022 EMPLOYER’S OBLIGATIONS Read More »

]]>
According to Order No. 039/MTPS/IMT of November 1984 fixing the
general measures of hygiene and safety in the places of work, the
the employer is directly responsible for the application of all the
prevention, hygiene, and safety measures intended to ensure the
protection of the health of the workers he uses.
When several employers use workers simultaneously in the same
workplace, they must work together to ensure that all workers are
protected as effectively as possible.
Nevertheless, each employer remains responsible for any damage
caused by his activities.
Any employer who uses manufacturing processes involving special risks
or likely to cause occupational diseases is required to make a
declaration before the start of the said work by registered letter
addressed to the Minister of Labour and Social Security (through the
hierarchy).
The declaration must indicate the nature of the risks and the protection
and prevention measures are taken to protect workers from the nuisances
resulting from their activities.
In the event of serious risks, the local Labour Inspector will carry out an
investigation to ensure that all measures have been taken.
The employer is obliged to provide and maintain the premises,
installations and tools appropriate to the work to be performed in such
a way to ensure that the workers are adequately protected against
accidents at work and any damage to health.
Likewise, the employer is obliged to provide the workers, taking into
account their activities, with the supply, maintenance, and timely

renewal of individual and collective means of protection recognized as
effective.
Depending on the nature of the work, the appropriate protective
equipment shall consist of:
(a) Respirators when the nature of the industry or work to be
performed does not permit sufficient removal of gases, vapors, dust or
other noxious fumes;
(b) Goggles or face shields to protect the worker from solid, liquid or
gaseous projections likely to cause injury;
(c) Goggles and other protective devices against radiation of all kinds
which are harmful to the eyes;
(d) Protection against all dangerous projections and the
possible fall of objects.
(e) Gloves, gauntlets, muffs, headgear, caps, and special footwear, for
the appropriate protection of workers against dangerous splashes,
fumes and contacts;
(f) Special clothing and/or equipment for the protection of workers in
the performance of dangerous or simply dirty tasks;
g) Any other apparatus, device, or accessory suitable for protecting the
worker against the risks related to his activity.
The employer is obliged to provide the workers with all the information
concerning the risks involved in their respective occupations and the
measures to be taken to avoid them, including the use of protective
systems, when they are hired, or when a new work process is
introduced.
In addition, permanent information is provided to the workers in
possible collaboration with the competent services of the Ministry of

Labor and Social Security, the National Social Insurance Fund, the most
represented employers’ or workers’ trade unions, and any other
an organization concerned with health and safety issues.
Any establishment carrying out an activity classified in risk group A,
according to the regulations in force on occupational accidents and
diseases, and employing more than ten workers, must keep one or
more registers, known as technical control registers, which will be
mentioned, with the date and signature of the technicians proposed to
carry out these controls, tests, verifications, and periodic
maintenance operations of the equipment, machines, safety devices
and protection means.
This provision is mandatory for companies and establishments carrying
out an activity classified in risk groups B and C, regardless of the
several workers employed.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/employers-obligations/feed/ 0
WRONGFUL RESIGNATION https://www.international-powerlaw-alliance.com/practice-blogs/wrongful-resignation/ https://www.international-powerlaw-alliance.com/practice-blogs/wrongful-resignation/#respond Tue, 06 Dec 2022 13:04:52 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2835 WRONGFUL RESIGNATION Read More »

]]>
Workers are generally reluctant to terminate the contract of employment whether wrongfully or lawfully even in the midst of gross misconduct orchestrated by the employer. This explains why cases of wrongful resignation are relatively few.

The labour code has not made any distinction as to who may be guilty of wrongful termination of the contract of employment. It is superfluous to add that the worker is just as liable to pay damages for wrongful resignation as the employer for wrongful dismissal and this is whether the resignation stems from his own violation or is the result of a third party action.

WRONGFUL RESIGNATION BY ACT OF WORKER

The worker is as free to terminate his contract of employment as the employer is unilaterally. But he is subject to same legal obligations to exercise this right judiciously. Hence where the resignation act of the worker precedes a bad conduct of the worker which has a negative impact on the employer, such resignation will amount to wrongful resignation. The take here is resignation after a wrongful act of the worker.

WRONGFUL RESIGNATION BY ACT OF THIRD PARTY

Resignation by a worker orchestrated by the act of a third party especially where the third party is another employer amounts to wrongful resignation and the courts frown at such conduct. In these cases, the third party will be a joinder in the suit of wrongful resignation. The labour code of Cameroon has provided for three instances under which the new employer shall be jointly liable to the workers former employer for any prejudice suffered by the latter. They are as follows;

  • Where the new employer enticed the worker to resign,
  • Where the new employer had already engaged the services of the worker knowing that the worker was still under a subsisting contract of employment, and
  • Where the new employer confirmed the employment of the worker knowing the worker was still bound to another employer by a contract of employment.

There shall be no liability in the last case if, when the new employer learns that the worker wrongfully terminated his former contract of employment either the said contract had already expired by effluxion of time in the case of a contract of specified duration or by the expiry of the period of notice in the case of a contract of unspecified duration or 15 days have elapsed since the termination of the contract whichever is the lesser.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/wrongful-resignation/feed/ 0
WORKING CONDITIONS https://www.international-powerlaw-alliance.com/practice-blogs/working-conditions/ https://www.international-powerlaw-alliance.com/practice-blogs/working-conditions/#respond Tue, 06 Dec 2022 13:04:02 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2833 The employer has several duties relating to the conditions of work under which employees are to exercise their respective tasks.  These conditions of work are as follows;

  • Safe system of work: the employer has a duty to make reasonable provision for the safety of his employees. If an employer fails in this duty and as a result, the employee is injured, the employer will have committed a tort in negligence and will be liable for damages caused.
  • Duty to provide adequate materials, premises and plant: It is the duty of an employer to provide adequate materials, equipment or plant at the disposal of the employee. If the employer didn’t take reasonable care in the provision of these things, an employee will have an action in negligence against the employer.
  • Duty to warn against danger: The employer must put a system in place aimed at providing some caution to his employee against all dangerous places or machinery in the work place or factory. If the employee sustains injuries as a result of the lack of provision of such vital information, the employer will be responsible for compensation.
  • Duty to provide competent staff: It is the duty of the employer to employ competent personnel for particular tasks. The working conditions for an employee can be more efficient and risk free if the other employees are also competent in their respective departments.
  • Duty to provide proper system of work and effective supervision: A system of work is a permanent practice exhibited in a routine. It may include physical layout of the job, the sequence in which the job is carried out, and the instructions which accompany the sequence of work. If the system of work is proper and the supervision is effective, then the availability of risks is minimal.
]]>
https://www.international-powerlaw-alliance.com/practice-blogs/working-conditions/feed/ 0
WORKER’S EDUCATION https://www.international-powerlaw-alliance.com/practice-blogs/workers-education/ https://www.international-powerlaw-alliance.com/practice-blogs/workers-education/#respond Tue, 06 Dec 2022 13:03:22 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2831 WORKER’S EDUCATION Read More »

]]>
Recycling courses may be required by a worker to meet up with the new industrial techniques to bring his professional knowledge up to date. Section 32 (f) and 91 of the labour code state that the worker’s contract of employment shall be suspended for the duration of such course or courses. These courses are often considerably short duration courses. Section 91 of the Cameroon labour code provides for not more than 18 days and are provided for by both legislation and collective agreements. Any duration longer than this period will be subject of study leave to be agreed upon mutually by the parties.

It is not in all situations that the employer chooses the employee to go on a course. If it is the decision of the employer, he will be liable to pay the wages of the employee during the period of training as it is beneficial to the employer. This is not the case where it is the sole decision of the worker to have the training.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/workers-education/feed/ 0
TYPES AND DURATION OF CONTRACTS OF EMPLOYMENT IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/types-and-duration-of-contracts-of-employment-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/types-and-duration-of-contracts-of-employment-in-cameroon/#respond Tue, 06 Dec 2022 13:02:45 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2829 TYPES AND DURATION OF CONTRACTS OF EMPLOYMENT IN CAMEROON Read More »

]]>
Section 30 of the 1974 labour code of Cameroon provided for two types of contracts of employment. They are the contract of employment of unspecified duration and the contract of employment of specified duration.

CONTRACT OF EMPLOYMENT OF AN UNSPECIFIED DURATION

According to section section 25(1) (b) of the 1992 labour code of Cameroon, a contract of employment of an unspecified duration is one in which the termination period is not fixed in advance and may be terminated at any time by the will of the worker or the employer provided that prior notice is given in line with section 34 of the labour code of Cameroon. The parties agree to be bound to each other for an undetermined period. Such a contract extends more or less into the future and subject to retirement may last the life time of the parties. This contract has the following elements;

  • Either party has the discretion to terminate the labour relationship at any time.
  • The termination of the contract by either party is subject to the notice period in accordance with section 34 of the labour code of Cameroon 1992.
  • As regards the aspect of executing tasks, its distinctive criterion remains job continuity, subordination to one and the same employer, and the continuous membership to one enterprise.

CONTRACT OF EMPLOYMENT OF SPECIFIED DURATION

According to section 25(1)(a) of the Cameroon labour code of 1992, a contract of specified duration is one which termination is fixed in advance by both parties. The aspect of the termination being fixed in advance is illustrated in the tree conditions below;

  • A contract which termination is fixed in advance by the will of the parties. Hence the consent of the parties is the determinant factor.
  • A contract which termination is subject to the occurrence/realization of a future or certain event, which realization is the determinant factor.
  • A contract concluded for the execution of a specific task or job.

A contract of specified duration may not be concluded for a duration of more than 2 years renewable once.

In accordance with section 25(3) of the Cameroon labour code of 1992, as regards workers of Cameroonian nationality, contracts of specified duration shall be renewed only once with the same company. If at the expiry of the renewal, working relations continue, the contract shall be transformed into one of unspecified duration.

As regards workers of foreign nationality, section 25(2) of the Cameroon labour code of 1992 stipulates that the contract of employment shall be renewed only after endorsement by the minister in charge of labour.

Also, when a contract of employment of specified duration is above three months, it must be in written form per section 27 (1) of the labour code of Cameroon.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/types-and-duration-of-contracts-of-employment-in-cameroon/feed/ 0
THE SCOPE OF MODIFYING A CONTRACT OF EMPLOYMENT IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-modifying-a-contract-of-employment-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-modifying-a-contract-of-employment-in-cameroon/#respond Tue, 06 Dec 2022 13:02:05 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2827 THE SCOPE OF MODIFYING A CONTRACT OF EMPLOYMENT IN CAMEROON Read More »

]]>
The improvement of the worker’s professional qualification or the vicissitudes of industrial life may lead the parties in an existing contract of employment to a position where their agreement can no longer in its original terms be applicable. Hence the contract will need to be modified either on the proposition of the worker or employer or a change in the legal position of the employer.

As a general rule, the legal vicissitudes of the establishment such as a change of employer have no effect on the contract of employment. According to section 42 of the Cameroon labour code, in the event of any change in the legal status of the employer, in particular through succession, sale, amalgamation, financial reorganization or transformation into a partnership or company, all contracts of employment on the date of the change shall subsist between the new organization and the personnel of the undertaking.

However, a change of employer can also result in some contracts being terminated as it suffices for the employee not to agree to work under the new employer.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-modifying-a-contract-of-employment-in-cameroon/feed/ 0
THE SCOPE OF EXECUTION AND OBLIGATION OF PARTIES TO A CONTRACT OF EMPLOYMENT IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-execution-and-obligation-of-parties-to-a-contract-of-employment-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-execution-and-obligation-of-parties-to-a-contract-of-employment-in-cameroon/#respond Tue, 06 Dec 2022 13:01:32 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2825 THE SCOPE OF EXECUTION AND OBLIGATION OF PARTIES TO A CONTRACT OF EMPLOYMENT IN CAMEROON Read More »

]]>
The contract of employment confers on the parties certain reciprocal rights and obligations which they will have to respect in the execution of their agreement. These obligations may be express or implied in whatever form the parties may choose to record in their contract.

The reciprocal obligations of the employer and the worker originate from statute and collective agreements more often than from the contract of employment itself. Any terms written in line with the obligations of the parties in a contract of employment in Cameroon can only add to statutory and conventional provisions and will take the lead provided it appears more favourable to the worker.

Hence, obligations of the parties to a contract of employment in Cameroon will appear to be more implied than express. These obligations and duties are applicable during the pendency of the contract of employment and even after the termination of same.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-execution-and-obligation-of-parties-to-a-contract-of-employment-in-cameroon/feed/ 0
THE SCOPE OF DEDUCTIONS BY AN EMPLOYER IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-deductions-by-an-employer-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-deductions-by-an-employer-in-cameroon/#respond Tue, 06 Dec 2022 13:00:58 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2823 The employer in entitled to engage some deduction from the wages of the employee under certain circumstances. They are as follows;

  • Trade union contributions, income tax and insurance contributions: These are contributions which an employer must pay on behalf of his employees. The employer is entitled to recover the employee’s contribution by deduction from the wages of the employee. There should however be a written authorization by the employee for the employer to effect these contributions.
  • Attachments of earnings: A court may pronounce an attachment order which requires the debtor’s employer to periodically deduce from the debtor’s earnings and to pay same to the collecting authority of the court.
  • Loss caused by the employee to the employer: This is the case when an employee destroys material or goods as a result of poor management or workmanship or professional negligence. The cost of the destruction will be deduced from the wages of the employee.
  • Cash advances made by the employer to the employee: There are situations in which the employee may request for half salary mid-month. The payment will be deducted by the employer from the wages of the employee by the end of the month.
  • An employer may deduct the cost of food supplied and eaten on his premises, medical attention, and the rent of dwellings occupied by the employee.
]]>
https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-deductions-by-an-employer-in-cameroon/feed/ 0
THE REGIME OF NOTICE https://www.international-powerlaw-alliance.com/practice-blogs/the-regime-of-notice/ https://www.international-powerlaw-alliance.com/practice-blogs/the-regime-of-notice/#respond Tue, 06 Dec 2022 13:00:26 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2821 THE REGIME OF NOTICE Read More »

]]>
A contract of employment of unspecified duration may be terminated at will at any time by either party. But such termination is made prior to reasonable notice been given to the other party. According to section 34 (j) of the Cameroon labour code, termination shall be subject to the condition that notice is given by the party who takes the initiative of terminating the contract. Notification of termination shall be in writing to the other party and shall set out the reason for the termination.

WHY IS NOTICE REQUIRED

To prevent grave financial or other hardship that may result from an abrupt resiliation of the contract. Notice permits the parties to prepare themselves for the changes to come as a result of the expected termination of the labour relation.

Notice may also take the form of payment in lieu of notice. This happens when the period or term of notice has not been or cannot be executed either wholly or in part. The party responsible for the non-execution of the term of notice shall pay to the other compensation, the quantum of which is equal to the remuneration and advantages both in cash and in kind that would be payable to the worker had the latter effectively worked out that period of notice not observed.

DURATION OF NOTICE

According to section 34(3) of the Cameroon labour code of 1992, an order of the Minister in Charge of Labour issued after consultation with the National Labour Advisory Board shall prescribe the condition for such notice and its duration giving regard to the worker’s seniority in the establishment and the occupational group to which he belongs. The duration of shall be as follows;

Category 1 to IV (Domestic workers of all categories):

. Less than 1 year of service – 15 days’ notice

. From 1 year to 5 years – 1 month notice

. More than 5 years – 2 months’ notice

Category VII to IX:

. Less than 1 year of service – 1 month notice

. From 1 year to 5 years – 2 months’ notice

. More than 5 years – 3 months’ notice

Category X to XII:

. Less than 1 year of service – 1 month notice

. From 1 year to 5 years – 3 months’ notice

. More than 5 years – 4 months’ notice

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/the-regime-of-notice/feed/ 0