République du Cameroun Republic of Cameroon

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LABOUR LAW

Course Instructor

Dr. Nana Charles Nguindip, Ph.D.

Senior Law Lecturer in Law

Academic Year 2024/2025

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 INTRODUCTION

Labor law is an assembly of rules which govern the relationship which come to exist as a

result of a labor contract. Labor law is not interested in individual work. That is a work in

which an individual is doing his work alone. It regulates only those work in which a person

works in the account of another person of which the principle of subordination is respected.

The principle of subordination means that the employer can give instructions to the employee,

he can control the employee and he can sanction the employee.

Since the employee is subordinated to the employer, labor law comes in to protect the

employee who is the weaker person. This is to prevent the employer from using his stronger

powers to take arbitral decisions against the employee. Since labor law protects the employee

who is a weaker person, we can say that labor law is a partisan law.

In addition to its protection function, labor law also has other functions. Here, we are

referring to the economic and the social function of labor law. These functions deal with the

search for jobs, the organization of the enterprise etc.

THE SOURCES OF LABOR LAW

The rules which govern labor relationships can be seen in international and national text. The

international text refers to the conventions and regulations which are concluded by the

international labor organization. In addition to these conventions, we also have bilateral

conventions which are concluded by Cameroon. For example the bilateral convention dealing

with the free circulation of workers which has been concluded by Cameroon.

Talking on the national text, there are many of these national text. For example the labor code

which was made by law number 92/007 of 14 August 1992 dealing with the Labor Code. We

can also add circulars, decisions of ministers and collective conventions like the labor

contract, internal rules and regulations of the enterprise etc.

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All the rules, both national and international respect the principle of hierarchy of laws. That is

the constitution is at the summit, followed by the international conventions and then the

national laws. When there is a conflict between a law which is in a superior position and a law

which is placed in an inferior position, what prevails is the law which is in the superior

position. For example, when there is a conflict an international labor convention and the labor

code, what prevails is the international labor convention.

However, it is possible to have a situation on labor law when there is a conflict between an

inferior law and a superior law and what prevails is the inferior law. This applies in those

cases where the inferior law protects the employee more than the superior law.

THE FORMATION OF AN EMPLOYMENT CONTRACT:

A contract of employment is defined by article 23 of the Labour Code as “an agreement

whereby a worker undertakes to put his services under the authority and management of an

employer against remuneration”. In other words a contract of employment is a contract

whereby a person called worker contracts to put his professional activities under the direction

and authority of another person called employer in return for remuneration. The employee

may be a physical person or a moral person of public law. It is negotiated on the basis of a

consensus, meaning that the parties are expected to bargain or negotiate freely. Also they have

the right to include any terms depending on the nature of the job to be performed on condition

that the principle of legality is respected. To be legally binding, a contract of employment

must fulfil all the normal contractual requirements, i.e.

(a) Offer and acceptance: There must be offer and acceptance. The offer must contain

the terms of the contract or indicate where they may be found. No particular form is

required, the contract may be oral, or in writing.

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 (b) Consideration: The consideration is the employer’s promise to pay the agreed wages

in return for the employee’s promise to perform a particular task. Generally speaking,

the courts would not be concerned with the adequacy of the consideration.

(c) Capacity: There is some restriction on the contractual capacity of minors. Protection

is given both under common law and statute. Protection is also given to women and to

the disabled.

(d) Legality: A contract of employment must not be tainted with illegality. An example is

a contract which deliberately seeks to defraud the social insurance.

Characteristics of a Labour Contract

i. It is a contract intuitu personae: It is personal and only the worker is supposed to do the

work. He offers his professional skill to the employer and therefore he alone must furnish the

services.

ii. It is a contract with reciprocity of obligations: The worker furnishes his professional

activity in return for consideration (remuneration).

iii. It is an onerous contract: One major obligation under the contract of employment is the

payment of wages to the worker, so that there will be no contract of employment if the

services are furnished gratuitously.

iv. It is a contract of successive execution: The obligations of the parties are not only

reciprocal and interdependent; they are spaced out in time. The worker continue to supply his

professional activity for which the employer pays him over a more or less long period of time

until the relationship is determined on one of the several ways.

v. It is contract of subordination and control. The worker puts his labour under the

authority and control of the employer and the latter gives him directives from time to time on

how the work should be done.

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Independent Contractor

An independent contractor is somebody who undertakes to do a specific piece of work

in return for a fixed price which shall be paid to him by the provider of the job. He is

generally required to execute independently and through his own initiative either alone or

assisted by persons chosen by him. He is bound only by general directives as to the nature of

the finish product or job to be done. A clairvoyant example is provided by a case which came

up for decision before the Northwest Court of Appeal concerning a builder. Henry Bah Fon

Vs Ako Samuel Fru. The respondent in this case had agreed to plaster the appellant’s house

and build his veranda for 105,000. The work was done and the appellant having refused to

pay off the respondent, the matter was taken to court. The question raised on appeal was

whether the respondent was a worker within the provisions of the labour code; while the

answer was in the negative, the court said the respondent was given the work and he was to be

paid for his labour. The labour contract may have a specified duration or an unspecified

duration

Pre-Employment Contracts

Before entering into a final contract of employment there are certain contracts that are

referred to as pre-employment contracts. Examples include Probationary contract (Trial) and

contract of apprenticeship.

5.3.1. Probation or Engagement for Trial

Although the 1992 Code, just like its predecessor of 1974 does not define probation by

its very nature, “it is a preliminary and temporary agreement”. The parties set for themselves

a trial period and see if they can work together. It is a probationary period when the employer

appreciates the competence and aptitude of a worker and his chances of adapting to working

conditions. It is conditional in that when one party is unsatisfied with the other, the contract

will be terminated more or less automatically and without liability. It is stipulated in article 28
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(1) that there shall be probationary hiring where prior to signing a final contract, the

employer and the worker agree to appraise in particular, the worker’s quality of services and

his output as concerns the employer. As concerns the employee, the working living wage,

safety and hygiene as well as the climate under the employer is appraised by the worker.

Because of the precarious and uncertain nature of the contract, the law is very strict

and requires rigid formalities. Hence any such contract must be in writing or it will be treated

as an ordinary contract of employment. The trial period should not exceed that required for

trying out newly engaged personnel. Thus the period must never exceed 6 months including

any renewal except in the case of managerial staff for which the period may be extended to 8

months. Where at the end of the probationary period, both parties are satisfied; the agreement

is without any further formality transformed into a contract of employment of an unspecified

duration. If the employer is not satisfied, he has the option of either terminating the agreement

or renewing it. The worker must be notified in writing of such renewal otherwise it shall be

considered to have been satisfactory even where the worker has worked only for one day after

the expiration of the probation contract. During probation the worker is entitled to allowance

and not to wages. Article 28 of the Labour Code and ministerial Order No. 17/MTPS/SG/CJ

of 26th may 1993 provides that the maximum period for probation contacts vary according to

the professional category of the worker at the time of commencement of the contract. The

duration period is indicated in the table below.

CATEGORY DURATION OF PROBATION

1 to 2 15 days
3 to 4 1 month
5 to 6 2 months
7,8 and 9 3 months
10,11 and 12 4 months

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 It should be noted that the professional classification of workers in Cameroon is

arranged into category 1-12 with each category comprising 6 echelons to wit: A, B, C, D, E

and F. The recruitment of a worker into each category most often depends on the professional

qualification or the highest certificate obtained by the worker. Progression to another category

is based on longevity put in the enterprise or the worker who has obtained an additional

certificate which is related and important to his job may be reclassified by the enterprise or

employer. The law indicates the minimum salary a worker classified in each of the categories

is entitled to obtain, albeit the parties may decide on wages higher than those stated by the

law.

Vocational Formation Contract

This form of contract has been given little consideration by the Cameroonian legislator

for a very long time. Legislation that existed before 1992 did not mention anything about it.

The 1992 legislation only mentions it in passing. It is stated under section 28 (3) of the 1992

Labour Code that “the time required for the recruitment, travelling, training and probation

shall not be included in the maximum duration of the trial period”. The code fails to define

neither its legal regime nor its practical modalities. Whatever the case, this type of contract is

aimed at giving the trainee the professional and technical knowhow, appropriate to the

vocation. Worthy of note is the fact that in spite of the failure of the law to define it, it is more

often embarked upon by large enterprises and companies in Cameroon. This is the case with

Brasseries du Cameroun, CAMRAIL, the professional organisation of auxiliaries of justice

(the Bar Association). After the training, the trainer is free to employ the trainee or not.

Apprenticeship

The modern form or method of production requires basic knowledge of certain skills

by workers. Formal apprenticeship offers unskilled workers such an opportunity. Article 45 of

the Labour Code defines such a contract as:

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 a contract whereby the head of the industrial, commercial or agricultural

establishment or a craftsman undertakes to give or cause to be given to

another person complete and systematic training whereby the latter

undertakes in return to obey the instructions which he receives and to

perform the tasks assigned to him for the purpose of his apprenticeship.

Such a contract can only be concluded if and only if the apprentice has attained the

age of 14 years and the master at least 21 years. The apprentice must obey the instructions of

the master, he must carry out tasks given to him by his master and such tasks must fall under

the apprenticeship. Article 46 of the Labour Code stipulates that this contract must be in

written form. Thus, a strict interpretation of article 45, points to the fact that there is no

relation of employer and worker. Unlike the ordinary contract of employment, remuneration

is not part of the contract of apprenticeship. Decree No. 69/DF/287 of 20/07/1996 governing

contracts of apprenticeship provides that, not only may there be little or no remuneration for

the apprenticeship but the latter may even be asked to pay the master dues. Article 45 does not

talk of the apprentice paying a fee to the master; therefore a contrary practice is illegal

although tolerated in our society. However, the reverse is possible since certain conventions

oblige the master to remunerate the apprentice to ensure his/her subsistence. The head of the

establishment may house the apprentice or lodging by the patron can be substituted for a

financial compensation.

The decree equally provides that the duration of the apprenticeship shall be

determined based on general usage in such a trade but whatever the case, it should not exceed

4 years. It should be noted that the law provides that the duration of trial period prior to the

apprenticeship previewed by the above decree must not go beyond one month, after which the

final contract of the apprenticeship follows.

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The Classical Forms of Contract of Employment

5.4.1. Contract of Employment of Unspecified Duration

Article 25(1)(b) of the 1992 Labour Code defines a contract of unspecified duration as

“a contract whose determination is not fixed in advance and which may be terminated at any

time by the will of the worker or the employer provided that prior notice referred to in article

34 is given”. Where termination is initiated by the employer, it may be referred to as

“dismissal”, when it is initiated by the worker but orchestrated by the employer, it may be

termed “disguised dismissal” and when it is done by the free will of the worker, it is called

“resignation”. This is the most common form of labour relation in Cameroon. The parties

agree to be bound to each other for an indeterminate period which extends more or less far

into the future and subject to retirement, may last for the life time of the parties. This however

is far from insinuating that it is a contract of employment for life because it contains certain

principles inconsistent with that presupposition. From the provision of article 25(1)(b), certain

basic characteristics can be inferred.

The first one is that, in this type of contract, the law bestows on either party the right

or discretion to terminate the relationship at any time, (i.e. the principle of unilateral

termination) provided the conditions as to form are respected. For example article 34 of the

Labour Code provides that prior notice must be given when such a contract is to be

terminated. Thus there are circumstances under which the labour relation may be terminated.

Otherwise, there will be wrongful determination of the contract of employment. Suffice to say

that either party to the contract may terminate it at will any time. Like at every given

discretion moment, the unilateral determination of the contract of employment is subject to

certain safeguards. In this connection one is thinking of the principle of prior notice. The

raison d’être here is to protect either party from unscrupulous behaviour. As such notification

shall be made in writing to the other party stating out clearly the reasons for such termination.

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For an unscrupulous employer may found delight in dismissing workers to either deprive

them of their seniority or pension or to engage others in lower scales.

Contract of Employment of Specified Duration

This form of contract is an exception to the contract of unspecified duration. Article

25(1)(a) defines this type of contract as “a contract whose termination is fixed in advance by

both parties during its formation”. It can be concluded for a number of days, weeks, months

or years. The date of termination must be clearly stated at the time of conclusion of the

contract. It can’t be established for a period of more than two years but can be renewed only

once for a period of two years thus taking it to a maximum determined period of four years. It

should be noted that this contract of specified duration can only be renewed once as concerns

Cameroonian nationals with the same enterprise.

As concerns foreigners, this form of contract can only be renewed after a visa of the

minister in charge of labour. The contract must be in writing and where it has not been put

into writing, it will be considered as a contract of unspecified duration. It must be born in

mind that there is no tacit renewal of a contract of specified duration but where the labour

relation continues after the expiration of the prefixed duration, it automatically becomes a

contract of employment of unspecified duration. Under the 1974 code this contract could not

be renewed as concerns Cameroonian workers.

New Types or Categories of Contracts Under the 1992 Code

Before the adoption of the 1992 Code, the Cameroonian legislature retained only two

types of contracts of employment: contract of specified duration and contract of an

unspecified duration. To meet to the economic realities of our time, some other forms of

contracts were introduced by the 1992 Code.

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a. Contract of Temporary Job/employment (3 months renewable once)

It is defined by article 25 (4) as “a contract which has as object the replacement of an

absent worker whose contract has been suspended or for the completion of a piece of work

within a specified time frame and requiring additional man power”. Thus it permits the

company to replace absent workers not to paralyse the functioning of the company. According

to section 2 and 6 of Decree No. 93/577/PM of 15/07/93, the duration of temporary jobs

contract is 3 months renewable once per year in the same company. It is worth noting that

where the maximum duration provided is exceeded and labour relations are pursued, the

temporary, occasional or seasonal contract of employment shall be legally transformed into a

contract of unspecified duration.

b. Contract of Occasional Job/employment (15 days renewable once)

It is defined by the Labour Code Section 25(4) (b) as “a contract which has as

objective or which is aimed at coping with the unexpected growth in the activities of the

company as a result of certain economic conditions or demanding urgent work to prevent

imminent accidents or a repair of company equipment”. This contract must not exceed 15

days and is renewable once per year in the same company. If it continues to exist after

renewal it automatically become a contract with unspecified duration.

c. Contract of Seasonal Job/employment (6 months non-renewable)

It is defined by article 25 (4) (c) of the Labour Code as “a contract generated by

cyclical or climatic nature of companies’ activities”. This type of contract is adopted for

agricultural activities. This is why seasonal employment contracts are very common in

agricultural companies. These companies use a considerable man power during activity

periods known as campaign which can be more or less long from year to year. According to

section 4 and 6 of Decree No. 93/577/PM of 15/07/1993, the duration period of such contracts

is fixed and not more than 6 months non-renewable.

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5.6. Execution of the Labour Contract

A contract of employment can be concluded for the execution of intellectual, social or

economic work, depending on the nature of the enterprise. Like every contract, 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 express or imply

whatever form the parties may choose to record their contract in.

5.6.1. Obligations of the Parties

The reciprocal obligations of the worker and the employer originate more from statute

and collective agreements than from the contract of employment itself. The employment

contract even if written, can only add to statute and conventional provisions and then only if

the contractual terms are more favourable to the worker.

5.6.1.1. Duties and rights of the worker

Generally speaking, the duties of the worker will only be binding on him during the

contract of employment. However, some of these duties like those of trust and confidence will

follow him even after the determination of the labour relation.

i. Duty to serve

The employee’s central obligation is to work under the contract of employment

because the worker promised to put his labour force under the control and authority of the

employer. He must therefore be ready and willing to work within the terms of his contract.

Besides, the contract of employment being a contract intuitu personae, the worker must

furnish these services personally and may not without the authorisation of the employer,

delegate his functions to someone else.

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ii. Duty of subordination or to obey orders

The employee is supposed to obey all lawful orders of the employer. It is the

prerogative of the employer summarily to dismiss if the worker refuses to comply. Today

however, procedural safeguards for the employee have been established. Thus orders must be

tempered with reasonableness to be effective.

iii. Duty of fidelity

Several duties owed by the employee are comprised under the rather vague rubric of

fidelity. In any case, the worker’s overall duty of trust and confidence to his employer is one

of those that follow him even after the termination of the contract. During the contract, the

worker must work only for the employer in the employer’s time. He must respect the

employer’s trade secrets, as well as disclose information falling within the scope of his

contract to the employer. Under this duty we can have the duty to account (for secret profits)

and the duty to disclose misdeeds.

b. Rights of the worker

i. Entitlement to sick pay

An employee who is sick is entitled to receive sick pay from his employer. Thus notice of

illness must be given to the employer within a reasonable time. Failure will amount to loss of

sick pay.

ii. Maternity leave and pay

Employed expectant mothers will be entitled to have time off for antenatal care, to receive

maternity pay, to return to work and not to be dismissed provided that the pregnancy has been

medically certified.

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iii. Trade union membership

Every employee has the right of no dismissal taken against him as an individual by his

employer for the purpose of:

- Preventing him or deterring him from being or seeking to become a member of an

independent trade union or taking part in its activities at any appropriate time

penalising him from doing so;

- Compelling him to become a member of the trade union or

- Enforcing a requirement that if he is not a member of a trade union, then he must

make alternative payments.

iv. Time-off work

Employees will be entitled to time-off work for the following purposes: trade union activities,

looking for work, public duties and antenatal care.

v. Insolvency

An employee has the following rights on the insolvency of his employer: basic award of

compensation for unfair or wrongful dismissal, any reasonable sum by way of reimbursement

of a premium paid an apprentice and any amount of leave pay.

vi. Right to paid leave and travel allowance

Besides the daily and weekly rest periods, any worker has a certain reasonable period

of time to deal with his personal business. Thus he must be given time to rest and to deal with

his business. The Labour Code provides that the employee is entitled to annual paid leave at

the rate of one and half days for each month of actual service. A worker is also entitled to

travelling allowance during his leave period to his place of ordinary residence, if it is at the

behest of his employer that he is not working in his place of ordinary residence.

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vii. Right to remuneration

The worker has the right to remuneration for the work done in order words referred to

as wages. According to the Labour Code, wages means remuneration or earnings, however

designated or calculated, capable of being evaluated in terms of money and fixed by mutual

agreement or by the provisions or regulations or collective agreements which are payable by

virtue of a contract of employment by an employer to a worker for work done or to be done or

for services rendered or to be rendered. For the same type of work and level of proficiency,

workers shall be entitled to the same remuneration, irrespective of their origin, sex, age, status

and religion.

Apart from the facilities provided for in Section 66 above, wages shall be payable in

legal tender and any other method of payment shall be unlawful. Any stipulation to the

contrary shall be null and void. Monthly payments shall be made not later than eight days

following the end of the month of employment in respect of which the wages are due.

viii. The right to a decent working environment and right to respect of dignity

The employer must provide a descent working environment for the workers. Hygiene

and safety conditions shall aim at securing for the workers standards of hygiene and safety

conforming to those recommended by the international Labour Organization and other

internationally recognized technical bodies.

The protection of minors and women

The Labour code gives special protection to women and children. Thus women and

children shall have a rest period of not than less than 12 consecutive hours. Also night work in

industries is prohibited for women and children, though it shall not apply to women with

executive duties and women working in services not involving manual labour. It should be

noted that night work under the Labour code is any work done between the 10 pm and 6 am.

Furthermore, a pregnant woman can terminate her contract without prior notice on condition
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that the pregnancy is medically certified. She is entitled to 14 weeks of maternity leave before

the date of confinement and this period can be extended to 6 more weeks if there is an illness.

Also if she delivers before the due date, the period shall be extended for her to enjoy the14

weeks. For a period of 15 months following birth, she shall be entitled to nursing breaks.

It is also important to note that a woman and a child shall not be kept on any job which has

been so found to be beyond their strength and shall be transferred to a more suitable job.

Where this is not possible, the contract shall be terminated without notice and without either

party being liable.

The powers and obligations of the head of enterprise (employer)

a. Powers or rights of the employer

i. Directorate and managerial power

Under his directorate and managerial powers, he performs the following functions:

division of the different tasks of production, determination of the rhythm or pattern of

production, orders the utilisation of materials, determines the working duration, share the

posts of responsibilities, promotion of workers. He equally reserve the authority to transfer

any worker from one department to another or from one service to another or from one post to

another, making sure that the transfer does not affect the professional knowhow of the worker

negatively. He may accord his workers more advantages than those ear-marked in legal texts

but not less. He can close or transform the enterprise whenever he deems fit. He is liable for

his acts and those of the enterprise. However, he ought to be accountable as regards economic

and financial management of the enterprise. In the event of an illegitimate closure, the

redundant workers can demand that they be re-integrated or re-instated in the transformed

enterprise.

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ii. Regulatory power

This is the authority to make rules in order to ensure good governance and the smooth

functioning of the enterprise. This involves the putting in place of internal regulations and to

ensure its respect. Once the internal regulations have been made, they must be made known to

the employees and copies posted in all the notice boards and strategic areas in the enterprise.

iii. Disciplinary powers of the head of establishment

This is the power to imposing sanctions to faulty personnel of the enterprise. The

sanctions take the form of moral, professional and pecuniary. No employer has the power to

inflict corporal punishment on his worker. Moral sanctions include warnings, blames, and

disapproval of the personnel’s conduct. The employer is prohibited under section 30 of the

Labour Code from imposing fines. The only disciplinary sanction which may entail loss of

wage is suspension from work with loss of benefits. Professional or administrative sanctions

include late or non-promotion, mutation of the worker from one department to another,

retrogression of the worker and dismissal.

b. The Obligations of the Employer

i. The duty to procure work for the worker

Corresponding to the worker’s duty to be ready and willing to serve is the employer’s

obligation to procure for the worker the type of work provided for under their agreement.

Such work must therefore correspond with the professional qualification for which the worker

was recruited. If this is not done then the contract may be considered to have been breached

by the employer.

ii. Duty to remunerate the worker

One of the principal obligations of the employer under the labour relation is to pay the

worker the agreed wages for work done. Now, it has been held that once the worker is ready

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and willing to work, he is entitled to his wages whether he actually works or not. Thus the

minimum guarantee wage in Cameroon is fixed at 41,875 FCFA as provided by Decree No

2023/00338/No/PM of 23 March 2023 bearing the Revalorisation of the Inter-Professional

Minimum Guarantee Wage throughout the national territory.

Wages are paid in the official legal tender, meaning that payment in foreign currency

is prohibited by the law. Payments in Cameroon are done on monthly bases which shall not be

later than the 8th of the following month after all taxes owed to the state, social insurance

contributions and trade union dues where applicable have been deducted. Also payment must

be made through the use of a voucher.

iii. Duty to indemnify the employee (liability to third parties)

Here, the employer shall be vicariously liable if the prejudice or injury arise from

work done in the interest of the employer. Where the employee’s action is ultra vires, the

employer will only indemnify if the employee by so acing believed he was doing it for the

interest of the employer. See article 30 of the labour code. However, if the employee incurs

liability for an unlawful act, he will be liable if he knew that the act was unlawful.

Written statement of terms

Employers are required to give all employees written information about the main

terms of the employment, so that they have a clear understanding of their rights and

obligations under their employment contract. The written information must inter alia include:

names of employers and employees, date when the employment started and when it will end,

whether any employment with a previous employer counts as part of the continuous

employment with previous employment, title of job and full details of pay, hours of work,

leave, sick pay, pension scheme, insurance contributions, detail of disciplinary rules,

grievance procedure and personnel notice of termination etc.

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 Alternatively, the employer may refer the employee to some documents which he has

reasonable opportunities of reading in the course of his employment. Also the employer must

keep the employee’s professional file which can only be accessed by the employee and the

employer. Thus such information must be kept under strict security and confidence.

Termination of the Labour Relationship

The rights and obligations under a contract of employment may be terminated in the

same way as any other kind of contract whether it is made for a specified or unspecified

duration. Thus a contract may be terminated by; breach, agreement, frustration, performance,

lapse of time and operation of the law. Termination has been so defined as to include “any

termination of the labour relation by either the employer or the worker with or without notice

or the expiration of a fixed-term contract”. Determination may arise from a series of causes

and may either be lawful or unlawful, having regard to the particular circumstances of each

case.

The International Labour Organization Convention No. 158 is to the effect that the

contract of employment shall not be terminated unless there is a valid reason connected to

either the capacity of the worker or his conduct or is based on the operational requirement of

the enterprise. The Labour Code has proffered two principal motives for the termination of a

labour contract to wit: Motive linked to the conduct of the employee and economic motive or

motive linked to the economic situation of the organisation.

Motive Linked to the conduct of the employee

Misconduct in this case must be so serious that it will entitle the employer to dismiss

the worker without prior notice. However what amounts to gross misconduct is usually

difficult to determine but may be appreciated by the courts taking into consideration the

particular circumstances of the individual case. Misconduct may also result from professional

fault which is defined as the persistent mal-execution of work assigned to the worker. The
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principal forms of misconduct include insubordination, gross negligence at work, violation of

the internal rules and regulations, unjustified absences from work, late coming and non-

respect of closing hours.

Thus disobedience and insubordination may be established where a worker without

justification refuses to do work which falls under his contract of employment. Here the

employer has the right to dismiss the worker. For example it will be gross misconduct for a

typist who refuses to type an official document. Also the use of abusive language or other

reprehensible behaviour on the employer, superior officer may amount to summary dismissal.

Also violence and gross negligence will amount to gross misconduct.

The worker shall devote his gainful activity to the establishment and consequently

shall only work for the employer during hours of work. Any worker doing private work

during hours of work shall therefore be guilty of gross misconduct. Analogous to this is

skylarking (i.e. idling) and absenteeism.

Absenteeism is really a canker worm that has eaten deep into the fabric of our society.

In fact, one could almost wish that a few workers should be dismissed from absenteeism to

serve as an example and especially to curb this persistent and wide spread duty

unconsciousness. Also any worker who has committed a criminal offense may be dismissed

summarily by the employer and will not be entitled to termination benefit.

However, it is not only the worker that may be guilty of misconduct; the employer’s

behaviour may be such that the worker could not reasonably be expected to continue the

labour relation. The most common form of gross misconduct by the employer is refusal to pay

the agreed remuneration. E.g. in the case of Etude de Men Nkili Vs Abb Mvogo Jean, the

Supreme Court of former East Cameroon in 1972 held that the worker was entitled to rescind

the contract without notice following non-payment of wages for several months.

20
One thing of import is that misconduct whether gross or not is a justifiable cause for the

lawful determination of a labour contract. The only nuance is that, whereas in the case of

gross misconduct, dismissal may be summary; it is subject to notice in the case of some lesser

degree of misconduct. Sanctions may also come to the lime light by way of warnings, blames

and suspension. The Labour Code prohibits the employer to levy any sanction that is

financial. The only pecuniary sanction is suspension from work with loss of benefits.

Economic Motive or Motive Linked to the Economic Situation of the Organization

The law has made provisions for the employer to dismiss or lay-off/retrench workers

when economic conditions are so unfavourable to the enterprise. This is usually referred to as

redundancy. Redundancy may be defined as “the dismissal of a worker motivated by common

consideration of a collective and economic nature not depending on the personality of the

individual worker affected”. It is a compendious way of describing the individual or

collective termination of the worker’s contract of employment for a variety of reasons ranging

from (mass) dismissals or the completion of construction works, suppression of employment

or particular positions and reorganization of service, due to adverse economic/financial

situation of the firm. It may also come from the closure of the establishment or by the simple

replacement of one worker by another accumulating two posts or activities.

It is compelling to note that the employer must determine an order of dismissal not

choosing freely or arbitrarily which workers to sack, but taking into account each worker’s

length of service within the enterprise, his professional proficiency and may be family

responsibility. Then, he must notify the list of workers he proposes to sack in writing to the

staff representative with a view to obtaining their suggestions on the matter. The suggestions

must be communicated to the employer within 15 days. Whatever the case, dismissal for

redundancy will be lawful only if the prescribed procedure is strictly adhered to especially

where it concerns workers of many professional categories.

21
Abusive Termination of the Labour Contract

Diametrically opposed to the concept of lawful determination (unilateral or otherwise)

of the contract of employment, is the concept of unfair dismissal or wrongful determination.

In ordinary contractual terms, wrongful determination of the contract of employment relates

to a wrongful repudiation of contract. The parties to the contract of employment are bound to

the terms of the contract, and where one of the parties to the contract fails to perform his own

part of the contract, he is said to be in breach of contract. The Labour Code does not give an

exhaustive list of what acts will constitute illegal dismissal. However, article 34 provides that

where notice of the termination of a contract of unspecified duration is not given, this would

be considered as wrongful termination. The other incident that constitutes wrongful dismissal

is left to the determination of the courts. Thus any termination in contravention of the law,

public policy, termination based on trade union activities of the worker, termination in

violation of collective agreement, sex and marital status, political, religious and philosophical

opinion of the worker will be abusive. In theory either party to the contract may rupture it

abusively, but in practice it is only the employer, who has the whip hand. Firstly, that he has

the resource and secondly that he provides employment thus may with impunity bring to an

end the contractual relation with his/her employees.

Wrongful determination may stem from a variety of causes attributable to either party

as listed above. But it is important to point out that the employer is responsible for most cases

of termination- lawful or otherwise- so that workers are generally reluctant to determine the

labour relation even in cases of gross misconduct by the employer. Besides, employers as a

general rule do not often pursue workers who “wrongfully resign” in court except in rare

cases where such resignation has been engineered by a 3rd party or another employer. The

remedy for termination is the award of damages by the labour inspector or the competent

court.

22
 A worker whose contract of employment has been terminated is entitled to a certificate

of service based on the category and position he held in the establishment. He is also entitled

to a termination allowance calculated on the bases of seniority as provided for under article 37

of the labour code. A worker who has not put in at least two years in the enterprise or who has

been dismissed as a result of a reprehensible criminal act will not benefit from termination

benefit.

Economic Motive or Motive Linked to the Economic Situation of the Organization

The law has made provisions for the employer to dismiss or lay-off/retrench workers

when economic conditions are so unfavourable to the enterprise. This is usually referred to as

redundancy. Redundancy may be defined as “the dismissal of a worker motivated by common

consideration of a collective and economic nature not depending on the personality of the

individual worker affected”. It is a compendious way of describing the individual or

collective termination of the worker’s contract of employment for a variety of reasons ranging

from (mass) dismissals or the completion of construction works, suppression of employment

or particular positions and reorganization of service, due to adverse economic/financial

situation of the firm. It may also come from the closure of the establishment or by the simple

replacement of one worker by another accumulating two posts or activities.

It is compelling to note that the employer must determine an order of dismissal not

choosing freely or arbitrarily which workers to sack, but taking into account each worker’s

length of service within the enterprise, his professional proficiency and may be family

responsibility. Then, he must notify the list of workers he proposes to sack in writing to the

staff representative with a view to obtaining their suggestions on the matter. The suggestions

must be communicated to the employer within 15 days. Whatever the case, dismissal for

redundancy will be lawful only if the prescribed procedure is strictly adhered to especially

where it concerns workers of many professional categories.

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Transport

Where, because, of the employer, performance of the employment contract requires or

has required a worker to move from his usual residence, the employer shall be responsible for

the travelling expenses of the worker, his spouse and minor children normally residing with

him, as well as for the transport of their luggage. Travel and transport expenses are

allowances in kind and shall therefore be provided only in case of actual travel by the worker

and his family.

A worker who has terminated his service and is waiting for the means of transport

selected by the employer in order to return to his usual residence shall retain the right to

benefits in kind and shall receive from the employer and retain the right to benefits in kind

and shall receive from the employer an allowance equal to the remuneration which he would

have received, had he continued to work.

Settlement of Labour Disputes

The settlement of labour disputes is geared towards protecting the rights of workers as

opposed to their interest. These rights may be provided by statute, by established practices or

most importantly by a collective bargaining between representative parties to the collective

agreement. Labour actions whether individual or collective are commenced on the basis that

there is a dispute between the parties. Labour dispute is defined in Section 131 of the Labour

Code as “an individual dispute arising from a contract of employment between workers and

their employers or from a contract of apprenticeship. It should be noted that dispute

resolution under the Labour Code does not include disputes between workers inter se in the

ordinary course of employment. The procedure for settling disputes has been meticulously

broken into two i.e. settlement on individual and collective bases.

Settlement of individual disputes

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 An individual labour dispute is defined as “any individual dispute arising from a

contract of employment between workers and their employers or from a contract of

apprenticeship”. This dispute may be caused by a variety of issues amongst which are: non-

payment of the employee’s wage or salary, wrongful dismissal and late payment of wages. In

the event of the occurrence of individual disputes between a worker and his employer relating

to the employment, the aggrieved party has first of all to follow the internal grievances

procedure with a view of amicable settlement. If such a grievances procedure is not in

existence or where it has failed to resolve the dispute, article 139 (1) of the Labour Code

enjoins the aggrieved party (employer or employee) to request the competent Labour

Inspector to settle it out of court. The competent Labour Inspector is the one assigned to the

division in which the employee was working before the labour dispute. In the case where one

of the disputants is an international organisation which has a convention with the Cameroon

government, the ministry of labour takes the place of the Labour Inspector. This settlement is

termed conciliation.

Conciliation

The out of court settlement by the Labour Inspector is generally termed conciliation. A

majority of such cases include wrongful termination of a contract of employment or non-

payment of wages. There is no hard and fast rule in the Labour Code as to how the inspector

is to proceed in achieving settlement. However the Labour Inspector normally summons the

parties using what is called a letter of convocation. If one party fails to report having been

summoned twice by the Labour Inspector, a statement of non-conciliation by default is

drafted and forwarded to the Labour Court for necessary action. Thus in attempting to arrive

at a settlement, the following may ensue: total conciliation, partial conciliation and non-

conciliation.

Total Conciliation

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 Total conciliation is said to have been achieved when the Labour Inspector has

succeeded in amicably solving the dispute between the parties. The statement of conciliation

which states clearly that the dispute has been settled is signed by the Labour Inspector and the

parties. If the matter involves the payment of money and the employer pays, there will be no

need for a court action.

Partial Conciliation

In the case of partial conciliation, the parties are on agreement on only part of the issue

in dispute. In such a situation the Labour Inspector will draft a statement of partial

conciliation to the competent court stating very succinctly the points on which agreement has

been reached and those on which disagreement still persist. The issues on which there has

been agreement will be endorsed by the court and the disputed issues will be adjudicated

upon.

5.8.1.4 Non-Conciliation

It is said to arise either where the Labour Inspector has not succeeded in bargaining

amicable settlement either totally or partially or where one of the party deliberately refused to

appear before the Labour Inspector for the dispute to be settled. It should be noted that labour

matters are free and the aggrieved party need not pay any money at the Labour Inspectorate or

at the registry of the court. However, the aggrieved party is the one who takes care of his

lawyer if he decides to consult one. In the case where one of the parties fails to appear at the

labour inspectorate after service, statements of conciliation or non-conciliation by default are

issued by the Labour Inspectors.

5.8.2. Collective Dispute

These are collective industrial disputes arising in situations where workers have a common

industrial problem in their workplace. Before such disputes go to the court (in this case the

competent court is the Court of appeal), conciliation must be attempted first. The
26
collectiveness of the dispute must be determined as it does not justify by the fact that it

involves the collective interest of the workers. Collective dispute reduces the time that would

have been spent on disputes with the same facts if the complaints are made severally. This

procedure requires that all the disputants be summoned and upon summons they are supposed

to be present either in person or through a representative (may be a staff representative, trade

unionist or an advocate). As provided by article 158(3), failure to appear in person or through

a representative is punishable with a fine of 50,000 to 500,000FCFA. it is worth noting that it

is only after the attempts to arbitrate have failed that the workers can go on strike or lock-out

as per section 157(3) of the Labour Code. The code remains silent on the legal action to be

engaged by the workers should the employer refuse to yield to their demands even after the

strike action.

5.8.3. Collective Bargaining as a mode of settling disputes

Collective bargaining can be described as a democratic process whereby both the

worker and the management mutually and voluntarily bargain on specific issues in which their

interest conflicts or are likely to conflict in the industrial set up with a view of ironing them

out for the common good of both parties. A collective bargaining which is a means ends up in

a collective agreement regarded as the end result of bargaining. Collective bargaining is also

standard setting machinery which constitutes an important source of regulations governing

wages, salaries and other employment conditions mutually agreed between labour and

management which is in conformity to public policy. Collective bargaining performs three

causal roles which are:

2. it is a method through which the wage rates and other employment conditions are

determined.

3. it also establishes a set of rules guiding relations between the parties during the life

time of collective agreement or altered as need arises.

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 4. it provides for an ordinary method of settling grievances that are bound to occur from

time to time.

These three functions are undoubtedly the cornerstone of collective bargaining.

STAFF REPRESENTATIVE

The workers representative has the power to represent the workers in the enterprise. We shall

be interested in the election of the workers representatives, its missions or functions of the

workers representatives and the protection of the workers representatives.

The election of the workers representatives: For a person to be elected as a worker

representative, that person must be a worker who is at least 28 years old and he must have

been working for at least six months in an enterprise. For person to be eligible for the election,

the worker must be at least 20 years, speak French or English and must have been in

enterprise for at least one year. The family members of the employer cannot be voted as

workers representative in the enterprise of the employer.

The workers representatives are elected by way of a two round proportional representative

ballot.

The missions of the workers representatives

The functions of the workers representative are listed in article 128 of the labour code. These

functions are: present to the employer the problems of the employee relating to the working

conditions of the employee, ensure the application of the sanitation rules of the employee in

the enterprise, and communicate to the employer measures which deal with the amelioration

of the enterprise.

From the above, we can say that the functions of the workers representatives can be grouped

in to two namely the representation of the workers and to participate in dialogue within the

enterprise.

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The protection of the workers representatives:

He has special protection as far as dismissal is concern. For him to be dismissed, this must be

authorized by the labour inspector who is territorially competent. When the workers

representative commits gross misconduct, the employer can take temporal suspension

measures against the workers representative while waiting for the decision of the competent

labour inspector. The labour inspector has a deadline of one month to make his decisions

known. The persons who are protected as workers representatives are: current workers

representatives, former works representatives for a duration of six months, from the date when

their mandate came to an end, persons who have been short listed as candidates for the

election of the post of workers representatives for a duration of six months from the date

when the deposited their documents to be candidate during the election of the workers

representatives.

The employer who fails to respect the above measures before dismissing the workers

representatives shall be given a civil sanction in the sense that his decision shall be null and

void and a penal sanction in that he can be asked to pay a fine. To this effect, see article 122-

130 of the labour code and decree no. 019 of 26 Mai 1993 dealing with the modalities to elect

the workers representative and the conditions in which the workers representatives shall

exercise their functions.

REPRESENTATION OUT OF THE ENTERPRISE: The syndicate or the trade union:

The liberty of trade union: In the preamble of the Cameroonian constitution, liberty of

association, liberty to form a trade union etc. are in alienable and sacred rights of an

employee. The role of the trade union is to protect the workers. Today in Cameroon, the

number of trade unions has increased as compared to the number which existed initially. To

guarantee the liberty of trade union, article 3 of the labour code stipulates that the formation

of a trade union is not subjected to a prior authorization.

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Trade Unions and employers association

The labour code in it's section 3 recognizes the right to form trade unions but fails to define

what a trade union is. However, E.E Urieghara relying on the relevant legislation in

Nigeria which is largely similar to the labour code in Cameroon has defined trade union as;

"A combination of workers or employers, whether temporary or permanently,

The purpose of which is to regulate the terms and conditions of employment in question

would or would not, apart from this be an unlawful combination by reason of any its purposes

being in restraint of trade and whether its purpose do or do not include the provisions of

benefits for its members"

In a nutshell, it recognizes the right to set up freely without authorization a trade union (for

workers) or Employer's Association (for employers) for the study, defence, promotion and

protection of their interest, particularly those of an economic, industrial, commercial, cultural

and moral advancement of its members. This however should not be confused with student

unions, militant organisation or association of market women.

It is worthy to note that a cursory glance through sections 3-5 of the labour code reveals that a

worker and an employer cannot combine to form a union though section 3 has given them the

power to form any union of their choice.

Another interesting question is the notion that they can freely set up their union without prior

authorization. This, at first glance is true because it is in line with treaty provisions of the

ILO. It was also held by the ILO tribunal in the case of SYNES v. The government of

Cameroon that the government was in breach of her treaty obligation when it insisted that the

union was not legal because it has not been registered officially under the country's domestic

laws. To this effect, it also called on the government to revise its laws requiring pre-

registration as is the case with section 6(2) of the labour code. Section 6 stipulates that a trade

union or employer's association shall not have legal existence until the date on which the

certificate of registration has been issued to the registrar. Thus, any person forming a trade

30
union union or employer's association that has not yet been registered and who acts as if the

said union or association has been registered with a threat of criminal prosecution.

Purpose of trade unions

Section 3 lays down the purpose of a trade union. It must be for the study, defence, promotion

and protection of the interest of workers or employers. This interest must by the 33 terms of

the same section, exclusively be of an economic, industrial, commercial or agricultural nature

and intended for social, economic, cultural and moral advancement of their members.

Registration of trade unions and employer's associations

Just like companies, trade unions acquire legal personality upon registration by the competent

registrar against the issuance of a receipt. This is provided for in section 6 of the labour code

and contrary to article 5 of the ILO Convention 87 which gives workers and employers the

freedom to establish and join unions of their choice. (see SYNES v. The government of

Cameroon and SYNES v. Dorothy Njeuma)

Section 8 of the labour code prescribes the detailed formalities for the registration of trade

unions and employer's associations. It states that, application for the registration of trade

unions and employer's association must be signed by at least 20 members of the union if it is a

worker's union and by at least 5 members where it is an association of employers.

The officers of the proposed union would normally convene a meeting where the rules of the

union are written and adopted and the officers elected. The registration proper begins with an

application to the registrar of trade union and employer's association. This registrar is a civil

servant appointed by decree and operates in the Ministry of Labour and Social Insurance in

Yaounde. The application must be accompanied with two copies of the rules of the union and

a list of the officers of the proposed union.

On depositing the application, the registrar issues a written receipt of acknowledgement of the

application. The registrar has one month to examine the application and reach a verdict on

whether the union or employer's association is going to be registered\ or not. However,

31
judicial authority point that the receipt cannot present itself as evidence for registration as

seen in SYNES v. The government of Cameroon.

What if the registrar refuses to register the union?

The law requires that where all the conditions are satisfied, the registrar as per section

12(2) notify the applicants in writing of the refusal and his reasons for doing so. If he fails to

register, he/she shall be compelled to do so if all the conditions are satisfied. The applicant

can as of right, challenge the registrar's refusal to register the union in court. It could be

brought by any aggrieved person following the registrar's refusal and has 30 days maximum

to do so. The competent court here is the labour court as defined in section 133 of the Labour

code.

However, this has created so much ambiguity because of the bias nature of its decision. In

short, the procedure for conciliation requires the labour inspector to produce a statement

between the aggrieved and the registrar meanwhile he is a subordinate to the registrar in the

same ministry. Thus, the registrar can indirectly act as a judge in his own case.

We may therefore submit that the matter be taken to the ordinary high court.

Status of trade unions

Upon registration, a trade union acquires a legal status. It assumes the status of a juristic

personality with powers to sue and be sued. This has practically not been the case because

some judges do not regard it as a legal entity but rather a quasi-juristic person. However,

recent trend as seen in the Nigerian case of Nurses Association v. A.G of the Federation of

Nigeria reveals that a trade union has the traditional legal personality. This is also the case in

Cameroon as stipulated in section 17 of the labour code that a trade union is a juristic person.

They can sue and be sued and can equally own property as stipulated in section 18.

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 Chapter Five:

Work/Industrial accidents and Occupational/ Professional illness or Diseases

What is an accident at work or industrial accident?

An accident is a physical or mental injury following an incident or exposure. The incident or

exposure has to be sudden or last no more than 5 days.

An accident can be recognised as an industrial injury if the injury occurred due to your work

or working conditions.

In other words, there has to be causality between your work and the cause of the injury.

If you accidentally get injured in the workplace, the injury is not necessarily caused by you

work.

How we examine an accident at work or industrial accident

Before we can assess if you have had an accident at work, we need the following:

- Your employer’s signature that the incident or exposure occurred as well as any

additional information

- Information about your employer’s insurance company

- A medical certificate describing the injury you have sustained due to the incident or

exposure

What is an occupational or professional disease?

An occupational disease is a disease or disorder that is caused by the work or working

conditions.

This means that the disease must have developed due to exposures in the workplace and that

the correlation between the exposures and the disease is well known in medical research. Or

put in another way, it must not be likely, beyond reasonable doubt, that the disease was

caused by factors other than work.

Examples of occupational diseases: Tennis elbow, Allergy Hearing, loss Asthma.

Exposures in the workplace that may cause some of the above diseases:

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 - Repetitive work movements

- Work with arms lifted above shoulder height

- Heavy lifting work

- Work in a very noisy environment

- Work with hazardous substances

When there is adequate medical documentation that a disease is caused by a certain exposure,

the disease is included on the list of occupational diseases.

The list of occupational diseases is a list of work-related diseases which are recognised as

industrial injuries if a person has had certain exposures in the workplace. The list is constantly

updated so that it covers the most recent research. This is done by the Occupational Diseases

Committee, which is composed of representatives from i.a. the Danish Board of Health

(Sundhedsstyrelsen), the Working Environment Authority (Arbejdstilsynet), and the parties to

the labour market.

Recognition of an occupational or professional disease

In order for you to get compensation and other benefits as a consequence of a disease, the

disease must be recognised as an industrial injury.

A disease can be recognised in two different ways:

- If the disease and the exposure causing the disease are on the list of occupational

dieases, we recognise the disease as an occupational disease

If the disease is not on the list of occupational diseases, it is still possible to recognise it as an

occupational disease if the Occupational Diseases Committee, in their recommendation, state

that it is likely, beyond reasonable doubt, that the disease was caused by special factors in the

workplace

In Cameroon work accident and occupational diseases are been taken care of by a

professional institution known as the National Labour Advisory Board. It was created by the

1992 labour code and placed under the Ministry of labour. This institution plays a technical

34
role in labour administration. They carry out technical and professional functions when they

examine matters relating to working conditions. In their legislative role, they contribute in

their own way to the enactment and administration of labour law; they make

recommendations and suggestions as far as labour legislation is concerned. It has two

important functions. First, it examines matters relating to working conditions, employment,

vocational guidance and training, placement, manpower movement, migration, improvement

of the material conditions of workers, social insurance, trade unions and employers

association. Second, it makes recommendations and proposals relating to laws and regulations

to be made in the above areas, where such recommendations are provided for by the law.

35
 Chapter six:

Hygiene and Safety in the work place

Occupational health and safety is the status of working conditions which eliminate or

minimize the effects of dangerous and harmful agents in the working process and working

environment on the health of an employee. Labour protection is an integral part of labour-law

relations. Labour Law refers to special provisions in the field of occupational health and

safety, which regulate in detail obligations of employers and employees in the area of

occupational health and safety.

Basic obligations of employers in terms of special provisions:

– improve working conditions and adapt them to his/her employees, taking into consideration

the state of scientific and technological knowledge,

– detect dangers and hazards, assess risks and draw up a written document on risk assessment

in all activities performed by the employees,

– replace strenuous and monotonous work and work performed in difficult and

healthdamaging or harmful working conditions by suitable working equipment, working

procedures, manufacturing procedures and improved work organisation,

– determine safe working procedures,

– draw up in writing, regularly assess and when necessary, update the concept of an

occupational safety and health protection policy containing the basic aims to be achieved in

the field of occupational safety and health protection, along with an implementation

programme of that concept containing, in particular, the procedure, equipment and methods of

its implementation and to regularly evaluate and update the aims when necessary; this shall

not apply to employer who employ less than 11 employees,

– draw up and, when necessary, update his/her own list of works and workplaces that are

1. prohibited to pregnant women, mothers until the end of the ninth month after delivery and

breastfeeding women,

36
2. connected with specified risks to pregnant women, mothers until the end of the ninth month

after delivery and breastfeeding women,

3. prohibited to young employees,

– assign employees to jobs respecting their health condition, especially the result of their work

health capacity assessment, ability, age, qualification and technical expertise pursuant to legal

regulations and other occupational health and safety regulations and avoid their assignment to

work disrespecting their health condition, especially the result of their work health capacity

assessment, ability, age, qualification and technical expertise pursuant to legal regulations and

other occupational health and safety regulations,

– provide rest periods to employees for reasons of occupational safety and health protection,

– not use a remuneration system that would, in the case of increased work performance, result

in a threat to the safety or health of employees, in the case of employees who are exposed to a

higher accident occurrence rate or other health damage,

– draw up a list of personal protective equipment, provided on the basis of the risk assessment

and evaluation of dangers arising from the working procedure and the working environment,

provide and maintain it free of charge,

– issue prohibition of smoking at workplaces where work is also performed by non-smokers,

and ensure the enforcement of this prohibition, as well as the prohibition against smoking at

workplaces,

– take care of the safety and health protection of all persons who, to his/her knowledge, are

present at his/her workplaces or his/her premises,

– systematically check and demand observance over legal regulations and other occupational

health and safety regulations, principles of safe work, health protection, safe conduct at

workplace and safe working procedures,

– regularly, understandably and provably notify each employee

37
1. of legal regulations and other regulations applying to the ensuring of occupational safety

and health protection10, of principles of safe work, health protection at work, safe conduct at

the workplace and safe working procedures, and verify the employee’s knowledge thereof,

2. of existing and predictable dangers and hazards whose impacts may cause a health threat

and the protection against them,

3. of the prohibition to enter the premises and dwell in the premises and to perform activities

posing a potentially immediate threat to the life or health of an employee.

In Cameroon hygiene and safety in the work place are been taken care of by a professional

institution known as the National Commission on Industrial Health and Safety.

It was created by the 1992 labour code and placed under the Ministry of labour. This

institution plays a technical role in labour administration. They carry out technical and

professional functions when they examine matters relating to working conditions. In their

legislative role, they contribute in their own way to the enactment and administration of

labour law; they make recommendations and suggestions as far as labour legislation is

concerned. It is concerned with the study of problems related to industrial machine and the

hygiene and safety of workers. In this capacity, it is responsible for;

Making suggestions and recommendations concerning laws and regulations to be made in

the above fields;

Making recommendations for the benefit of employers and workers, insurance bodies and

various ministries concerning the protection of the health of workers;

Making proposals concerning the approval of dangerous machinery and manufacturing

process likely to endanger the health of workers; and

Carrying out or participating in any work of a scientific nature falling within its sphere of

activity.

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