LABOUR LAW

Question 1

What are the different types of labor contracts that exist?

Answer 1

Several types of labor contracts exist in Cameroon the main ones are 4 categories, all portrayed below

0. Probationary/trial labor contract
   This is a labor contract whose purpose is to appreciate a potential worker’s quality of service and output before they are hired. The contract must be in writing and can last up to 6 months or 8 months for managerial positions. Once the contract is ended it can only be renewed once. The length of a probationary labor contract depends on the category of the position/job as shown below
   Category | Duration
   1 and 2 | 15 days
   3 and 4 | 30 days
   5 and 6 2 months
   7, 8 and 9 3 months
   10, 11 and 12 4 months
1. Labour contracts with a specified duration
   These are labor contracts with a fixed commencement and termination date, arranged in advance by the parties. The contract can last a maximum of 2 years and is renewable once with the same employer. Labor contracts whose termination is subject to the occurrence of a certain event or completion of a task are also considered specified duration labor contracts.
2. Labor contracts with unspecified duration:
   These are labor contracts whose termination date is not fixed in advance by the parties but could end at any time, both parties can initiate this termination but most notify the other 30 days ahead of time, during this time the worker is given 1 day a week to find a new job. If one of the parties terminates the contract without notifying the other, they would have to pay compensation equal to the salary the worker would have earned during the notification period. These contracts can only be terminated without notification in cases of force majeur or gross misconduct by the worker

3.5 Other types of Labor contracts
a) Temporary Labor contracts
This is a labor contract where a worker is hired to temporarily replace an absent worker over specific period of time

b)Occasional labor contracts
This is a labour contract where a worker is hired due to an unforeseen growth in activities of a business

c) Seasonal labor contracts
These are labor contracts where a worker has a work opportunity only due to a change in climatic condition

All the above 3 sub labor contracts cannot last longer than a year and must be done in writing

Question 2

What are the rights and duties of parties in a labor contract?

Answer 2

The duties and rights of parties involved in labor contracts are intertwined as the rights of one constitute the obligation of the other and vice versa. These rights and duties include:
A the duties of the employer:

1. The duty to pay wages
   Employers are to pay workers wages for services rendered, these wages are determined by an agreement between both parties, in Cameroon minimum wage is 44 thousand francs. The wages must be paid in Cameroonian currency and wages for the previous month must be paid between the 1st and the 8th of the next month
2. The duty to provide work:
   Employers have the duty to provide sufficient work for workers, the nature and duration of which should be specified in the labor contract, as in Cameroon wages are paid only for work done.
3. The duty to provide rest periods:
   Employers have the duty to provide rest periods for workers including:
   -> 1-hour break daily
   -> Annual leave
   -> Days of on legitimate public holidays
   Workers are also entitled to wages for any overtime work but must work at least 8 hours a day and a day on sturdy
4. The duty to compensate workers
   If a worker were to suffer an injury during work while acting within the terms of his/her labour contract., the employer has the duty to compensate them
5. The duty to provide a written statement of terms
   Employers have the duty to provide workers, with clear terms for the labor contract so that workers can understand their rights and obligations
6. The duty to effect authorize deductions
   Provide employers are given authorization by workers, employers have the duty to deduct trade union dues, CNPS dues, and Personal income tax and pay to the competent authorities

On the other hand, the duties of employees include:

1. The duty to provide gainful services
   Workers have the duty to provide all their gainful activity to the employer unless stated otherwise in the contract, If so then it must be done outside of work hours, and for someone who cannot compete with the employer
2. The duty to keep professional secrets
   Workers have the duty to keep any trade secrets or confidential information that came as a result of their employment
3. The duty to be accountable and transparent
   Employees have the duty to be accountable for all their activities and be transparent in all their dealings with the employer
4. The duty of abnegation
   Employees have the duty to have their personal interest conflict with that of the employer and they cannot compete with the employer unless it is outside of a 50km radius from the business of the employer
5. The duty of dignity
   Employees have the duty to act in a dignified manner during and after work hours as they represent the business at all times. Undignified acts are punishable regardless of whether it was done during or outside work hours

Question 3

What could cause the termination of a labor contract? Examine 4 possibilities.

Answer 3

1. Employee conduct:
   A labor contract can be terminated in cases of serious employee misconduct including (PG - PIC):
   -> Professional fault
   -> Gross negligence
   -> Persistent breaking of internal rules and regulations
   -> Insubordination
   -> Criminal offenses
2. Economic grounds
   Contracts can be terminated on economic grounds in situations such as:
   -> the termination or change of a job position
   -> technical challenges
   -> Economic crises
   But before that the employer must have a meeting with the workers representative to negotiate on alternatives such as;
   -> Works hours reduction
   -> Salary reduction
   -> Lay offs
   This process cannot last morethan a month