Catalog
Definition of Labour law..................................................................................................................1
Objectives of labour law..................................................................................................................1
The Scope of Labour law.................................................................................................................2
Sources of Labour law.....................................................................................................................2
1. The convectional sources....................................................................................................2
2. The Non conventional sources............................................................................................2
Contract of apprenticeship..............................................................................................................3
Characteristics.........................................................................................................................3
Contract of probation......................................................................................................................3
Characteristics.........................................................................................................................3
Course content
Definition of labour law
Objective of labour law
Scope of law labour
Sources of labour law.
Labour contracts and other related contracts.
Contracts of apprenticeship.
Contracts of probation.
Contract of training.
Employment of training.
Employment contracts.
Characteristics of employment contracts.
Types of employment contracts and their characteristics.
Modification of an employment contract.
Suspension of an employment contractt.
Terimation of an employment contract.
Staff representatives.
Labour dispute.
condition of work
Rights and duties of the employer and employee.
Trade union and employer association.
The function of the labour inspector.
Definition of Labour law
These are rules and regulation governing the relationship between the employer and the employee.
Objectives of labour law.
i. To promote the rights of workers with weaker bargaining position than the employer.
ii. To create a balance between between employer and the employee by providing them with some
actions to protect their rights. E.g Strikes for the workers and lockout or missal for employer.
iii. To ensure political stability. Because they is a relationship between politics and labour.
iv. To maintain social peace.
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The Scope of Labour law
Labour law is applicable to all relationship between the employer and employee but the labour code
is not applicable to all workers in Cameroon e.g civil servants, members of judiciary, members of the
forces of law of law and order, the labour code is only applicable to private workers and contract
officers with the government.
Sources of Labour law
1. The convectional sources
The conventional sources takes precedence over the none conventional sources such as Labour
contracts.
a. The Labour contract : The labour contract takes precedence over the other conventional
sources. It is defined as an agreement between the employer and the employee. Whereby the
employee accepts to provide services under the management and supervision of the employer
for remuneration.
b. Collective agreement : Is when the representatives of the employer and the employee sit
together to discuss many problems relating to their labour relationship.
c. Company agreement : Is when the representatives of the employer and the employee sit
together to discuss a problem relating to their labour relationship.
d. Usages : These are practices or custom within the enterprise that the members must respect.
e. Internal rules and regulation : These are laws within the enterprise that the members must
respect.
2. The Non conventional sources
I. Internal
a. The constitution : It is the supreme law of the land to which all laws must be derived or conform
to it. E.g the constitution of 1996 amended by the constitution of the 14th of April provides for
liberty tob work and non discrimination among workers.
b. Legislation : The act of making labour sources, it can be done from decrees, ordinances, orders
and laws from our colonial master. The main text that governs labour matters is the 1992 labour
code.
c. Case laws : these are laws made by judges when deciding labour matters in court. Case law is
bases judicial precedence which is the application of past decisions of labour with present cases
with similar facts.
d. Legal writings or doctrines : There are opinions of professioçnals which are used in amending
the law in future.
e. The general principles of law : Thse are principles that guides the judges when judging labour
matters in court such as the principle of justices and equity.
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II. External sources.
a. Treaties and international conventions : These are agreement between states. It is can bilateral
when it concerns two states and multilateral when it concerns more than two states. E.g the
international labour organization comprising of 182 states provides for non discrimination
among workers.
Contract of apprenticeship
Section 45 of the law code defines a contract of apprenticeship between the head of an establishment
and apprenticeship whereby the head of an establishment accepts to provide a specific training to the
apprenticeship and for the apprentice to abide to hte rules and regulation of the head of the
establishment.
Characteristics
The contract must be written
It must last less than 4 years. Because more than that time will turn to an employment contract
or non specified duration.
The minimum age to sign such contract is 14 and 21 for the apprentice and the establishment ‘s
head respectively.
The apprentices must not pay for the apprentices but the head of the establishment must pay
the apprentice.
The apprentice must provide their working tools.
The establishment must not be too hard with the apprentice.
At the end of the appreticeship must issue a certificate of end of apprenticeship.
Contract of probation
Section 28 of the labour code defines a contract of probation as an agreement between the employer
and the employee whereby the employer appraises the services of the employee and the employee
appraises the general working condition of the employer.
Characteristics
It must be written.
Fixed duration depending on the worker ‘s category such as
Category 1 to 2, 15 days.
Category 2 to 4 - 1 months.
5 to 6 - 2 months.
7 to 9 - 3 months.
10 to 12 - 4 months.
It can be renewed once and if it goes beyound it turns to an employment contract or unspecified
duration.
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This contract is delicate contract because it can be terminated at anytime by any of the parties
without notices or payment of damages.
It adds to longevity of service.
