CHAPER THREE

THE LEGAL INSTITUTIONAL FRAMEWORKS FOR THE

PROTECTION OF WORKERS AGAINST WRONGFUL TERMINATION
OF CONTRACTS OF EMPLOYMENT IN CAMEROON
3.0 INTRODUCTION
The protection of workers against wrongful termination of their contracts of
employment is a critical issue in Cameroon. While employers have the right to
terminate employees for valid reasons, such as misconduct or poor performance,
employees are entitled to protection against arbitrary or unjust termination of their
employment contracts. To ensure this protection, legal institutional frameworks
have been put in place in Cameroon. This chapter will explore these legal
frameworks in detail.

The chapter will begin by examining the Cameroonian Labor Code, which outlines
the rules and procedures governing employment and termination of employment
contracts. It will highlight the provisions of the Labor Code that protect employees
against wrongful termination and the procedures for resolving disputes arising
from termination.

The chapter will also examine the institutional frameworks for the protection of
workers against wrongful termination in Cameroon. This will include the various
government bodies responsible for enforcing employment laws and regulations,
such as the Ministry of Employment and Vocational Training and the Labor
Inspectorate. The chapter will examine the role of trade unions and other worker
organizations in protecting employees against wrongful termination. It will also
discuss the legal remedies available to workers who have been wrongfully
terminated, such as reinstatement, compensation, and other forms of relief.
3.1 The Cameroon labour code
The Cameroonian Labor Code is the primary legislation governing labor and
employment in Cameroon. It outlines the rights and obligations of both employers
and employees and provides a framework for protecting employees against
unlawful dismissal. According to Article 22 of the Labor Code, employers are
required to provide valid reasons for terminating an employment contract, failing
which the termination will be considered unlawful. The Code also requires
employers to follow specific steps when terminating an employment contract, such
as providing notice to the employee and paying all outstanding benefits and
compensation owed to them (Cameroon Labor Code)1.

3.1.1 Valid Reasons for Termination of Contract

According to the Cameroonian Labor Code, employers may terminate an
employment contract for a variety of valid reasons. These include:

1. Misconduct or breach of contract by the employee (Article 30).

2. Poor performance by the employee (Article 31).

3. Mutual agreement between the employer and employee (Article 32).

4. Restructuring of the business or reduction in workforce due to economic reasons

(Article 33).

5. Illness or disability that prevents the employee from performing their job duties
(Article 34).

6. Retirement of the employee (Article 35).

1
Cameroon Labor Code. (n.d.). Retrieved from
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/29106/110857/F-976192712/CMR29106%20Eng.pdf lastly
access on 03/05/2024
It is important to note that the employer must provide valid and documented
reasons for the termination of an employee's contract. If an employee is terminated
for reasons that are not valid, or the employer fails to follow the proper procedures
for termination, the termination may be considered unlawful under the Labor Code.
In such cases, the employee may be entitled to remedies such as reinstatement or
compensation.

3.1.2. Legal Steps for the Termination of Employment Contract By An

Employer According to the Labour Code.
The Cameroonian Labor Code sets out specific steps that employers must follow
when terminating an employment contract. These steps include:

1. Written notice: Employers must provide employees with a written notice of

termination, which must clearly state the reasons for the termination (Article 29).

2. Meeting with employee: The employer must meet with the employee to discuss
the reasons for the termination and provide an opportunity for the employee to
respond (Article 29).

3. Notification to labor inspector: The employer must notify the labor inspector of
the termination within eight days of the date of termination (Article 29).

4. Final payment: The employer must pay all outstanding compensation, benefits,
and other entitlements owed to the employee at the time of termination (Article
47).

If an employer fails to follow these steps or terminates an employee's contract

without a valid reason, the termination may be considered unlawful under the
Labor Code. In such cases, the employee may be entitled to remedies such as
reinstatement or compensation.

3.1.3 The procedures for resolving disputes arising from termination

The Cameroonian Labor Code provides for procedures for resolving disputes
arising from termination. These procedures include:

1. Complaint to the Labor Inspectorate: An employee who feels they have been
unfairly terminated may file a complaint with the Labor Inspectorate within 15
days of their termination (Article 49).

2. Mediation: If the complaint cannot be resolved by the Labor Inspectorate, the

parties may agree to mediation by a third party (Article 49).

3. Arbitration: If mediation fails, the parties may agree to refer the dispute to an
arbitrator or arbitration tribunal for resolution (Article 50).

4. Judicial Review: If the dispute is not resolved through arbitration, the employee
may bring a legal action before the labor court to seek a resolution (Article 49).

It is important to note that employees who wish to pursue a complaint related to

termination must do so within a strict timeline. Failure to file a complaint or seek
mediation/arbitration within the specified time limit may result in the employee
losing their right to pursue legal action.

In addition to the procedures outlined in the Labor Code, there are other avenues
available for resolving disputes related to termination, such as the Ministry of
Labor and Social Security, the National Syndicate of Cameroonian Workers, and
various other labor organizations.
The Labor Code provides several remedies for employees who have been
unlawfully dismissed. Article 50 of the code stipulates that employees who have
been dismissed without valid reasons or in violation of the procedures set out in the
law are entitled to reinstatement or compensation. Article 49 of the code also
provides for the establishment of labor courts to hear cases related to employment
disputes, including wrongful termination.

In addition to the Labor Code, other laws and regulations protect workers against
wrongful termination in Cameroon. For instance, the 1992 Constitution of the
Republic of Cameroon guarantees the right to work and prohibits discrimination in
employment. The Labor Inspectorate, a government agency, is responsible for
monitoring compliance with labor laws and regulations, and employees who
believe they have been unlawfully dismissed can file a complaint with this agency
(Muna, 2018)2.

Overall, the Cameroonian Labor Code and other regulations provide a framework
for protecting workers against unlawful dismissal. However, many workers in
Cameroon continue to face challenges in accessing these protections. Therefore,
there is a need for greater awareness of these laws among workers and employers
and greater enforcement of labor laws by government agencies.

3.2 The Institutional Frameworks for the Protection of Workers Against

Wrongful Termination in Cameroon.
The institutional frameworks for the protection of workers against wrongful
termination in Cameroon include:

2
Muna, B. (2018). Cameroon Labor Law. Wolters Kluwer.
 1. The Ministry of Labor and Social Security: The Ministry is responsible
for overseeing labor-related issues, including the protection of workers'
rights. It provides advice and support to employees who have been
wrongfully terminated and can intervene to resolve disputes between
employees and employers. 3
The Ministry of Labor and Social Security can intervene to settle unlawful
dismissal disputes when an employee files a complaint with the Labor
Inspectorate within 15 days of the termination. The Labor Inspectorate will
investigate the dispute and may attempt to mediate the issue between the
employee and employer. If mediation fails, the case may be referred to an
arbitrator or arbitration tribunal for resolution. The Ministry may also
intervene at any stage of the dispute resolution process to provide guidance
and assistance to ensure a fair and just outcome. The Ministry of Labor and
Social Security may also intervene if there is evidence of a violation of labor
laws in the termination of an employee. In such cases, the Ministry may
conduct an investigation and take appropriate action against the employer,
such as fines or other penalties.
It is important to note that the Ministry's intervention in unlawful dismissal
disputes is not guaranteed, and employees must file their complaints within
the specified time limit and follow the prescribed procedures for dispute
resolution. Additionally, the effectiveness of the Ministry's intervention may
be limited by a lack of resources and the slow pace of justice delivery.

2. Labor Inspectorate: The Labor Inspectorate is responsible for enforcing labor

laws and regulations, including those related to termination. It investigates

3
Ministry of Labor and Social Security. (n.d.). Retrieved from http://www.minstravail.gov.cm/site/en/home. Accessed
on 05/05/2024
complaints related to wrongful termination, conducts inspections of workplaces,
and enforces compliance with labor laws.

3. National Syndicate of Cameroonian Workers (NSCW): NSCW is a trade

union that represents workers in various sectors, including agriculture, industry,
and services. It advocates for workers' rights and provides support to workers who
have been wrongfully terminated. The National Syndicate of Cameroonian
Workers (NSCW) provides various supports to staff who have been wrongfully
dismissed, including4:

 Legal assistance: NSCW provides legal representation and support to

employees who have been wrongfully dismissed. This support can
include help with filing complaints and pursuing legal action against
employers who have violated labor laws.
 Financial support: NSCW may provide financial support to workers
who have lost their jobs due to wrongful termination. This support can
include financial assistance for living expenses and legal fees.
 Advocacy: NSCW advocates for workers' rights and lobbies for better
working conditions and protections against wrongful termination. The
union also works to raise awareness about labor laws and employees'
rights.
 Training and education: NSCW provides training and education to
workers on their rights and employment laws in Cameroon. This
support can help employees to better understand their rights and the
legal avenues available to them when dealing with wrongful
termination.
4
National Syndicate of Cameroonian Workers (NSCW). (n.d.). Retrieved from http://www.camerounsouthafrica.org
accessed on 05/05/2024.
  Counseling: NSCW may provide counseling and emotional support to
employees who have been wrongfully dismissed. This support can
help alleviate the stress and anxiety that can come with losing one's
job.

4. The General Confederation of Cameroonian Workers (CGSC): The CGSC is

another trade union representing workers in various sectors. It advocates for
workers' rights and provides support to workers who have been wrongfully
terminated5.

5. The labor court: The labor court is responsible for adjudicating disputes related
to labor issues, including wrongful termination. It provides a forum for workers to
seek redress for wrongful termination. The labour court of Cameroon is a
specialized judicial body responsible for resolving disputes related to labor and
employment issues. The court was established by the Cameroon Labour Code to
provide a judicial forum for workers and employers to resolve disputes arising
from employment and labor relations6.

The labour court has jurisdiction over a range of employment disputes, including
termination of employment contracts, claims for unpaid wages and benefits,
disputes over the interpretation of collective bargaining agreements, and
complaints of discrimination or harassment.

5
General Confederation of Cameroonian Workers (CGSC). (n.d.). Retrieved from https://www.facebook.com/CGSC-
Conf%C3%A9d%C3%A9ration-G%C3%A9n%C3%A9rale-des-Syndicats-Camerounais-1491188323094982.
Accessed on 06/05/2024.
6
Cameroon Labor Code. (n.d.). Retrieved from
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/29106/110857/F-976192712/CMR29106%20Eng.pdf. Accessed
on 06/05/2024
Cases brought before the labor court in Cameroon are heard by a judge or panel of
judges with specialized knowledge of labor laws and employment issues. The court
has the power to compel witnesses to testify, and to order the employer or
employee to pay damages or other compensation if a violation of employment law
has been found.

The labor court operates under strict rules of procedure and must comply with
strict timelines for adjudicating cases. However, the court has been criticized in the
past for long delays in resolving cases due to the backlog of cases and limited
resources available to the court.

Despite its shortcomings, the labor court of Cameroon remains an essential

institution in the country's legal framework for employment and labor relations.
The court plays a crucial role in protecting the rights of employees, ensuring
compliance with labor laws, and promoting fair and just employment practices.

These institutional frameworks provide various avenues for workers to seek

support and justice when they experience wrongful termination. However, there are
still challenges faced by workers in seeking redress, including limited resources,
lack of knowledge of their rights, and the slow pace of justice delivery.

3.3 Legal Remedies

In Cameroon, workers who have been wrongfully dismissed have several legal
remedies available to them. The most common remedies include:

1. Reinstatement: If an employee is found to have been wrongfully dismissed, they

may be reinstated to their former position. Reinstatement means that the employee
will be restored to their job, and their salary and benefits will be reinstated.
2. Compensation: If reinstatement is not possible, the employee may be awarded
compensation for the loss of their job. The compensation may include wages and
benefits that the employee would have received if they had not been wrongfully
dismissed.

3. Notice period pay: If the employer failed to provide the employee with the
required notice period before terminating their contract, the employee may be
entitled to receive payment for the notice period. The notice period is typically
based on the length of the employee's service with the employer.

4. Damages: In some cases, employees who have been wrongfully dismissed may
be entitled to damages, such as compensation for emotional distress, humiliation,
or damage to their reputation.

To seek legal remedies for wrongful dismissal in Cameroon, the affected employee
must file a complaint with the appropriate court or tribunal. The labor court has
jurisdiction to hear most employment-related complaints, including those related to
wrongful dismissal. The employee must provide evidence to support their claim,
such as witness testimony, employment contracts, and other relevant documents.

In summary, workers in Cameroon who have been wrongfully dismissed have

several legal remedies available to them. These remedies aim to provide
compensation, reinstatement, and other forms of relief to workers who have
suffered as a result of unlawful termination.