dissmissal - Employment Contract in Cameroon.

Employment Contract in Cameroon.

Labour law  in Cameroon

Labour law in Cameroon regulates the relationship between employers and employees vis -a-vis the salary scale in Cameroon.  Since an employment contract is like any other commercial contract, in determining whether a cessation of employment has occurred one has to look into the conractt of employment.

An employment contract is between two parties and must contain all the elements of a valid contract to wit::- offer, acceptance, consideration and intention to create legal relations. Breach of employment contract is actionable. However, the employer must comply with certain the labour law in Cameroon before terminating an employment contract. We recommend employment contracts be drafted by a legal practitioner and employers should endeavor to adhere with the labour law in Cameroon.

Types of employment contract

  1. Contract determined by noticed

  2. Contract for fixed term

  3. Contract which expires by performance or on the happening of a specific event.

Termination of an employment contract for unfair or inadmissible reasons when challenged in a court the employer must establish that the dismissal was based on a substantial reason such as gross misconduct, lack of qualification, incapability to perform assigned duties or redundancy. In such cases, the courts usually take the employee’s statutory rights into consideration especially minimum salary scale in Cameroon

In Cameroon the main reason given by employers at times in support of their decision is that the employee has misconducted himself .There is no fixed rule of law defining the degree of misconduct which justify dismissal. It is within the prerogative of the employee to determine which act to categories as misconduct as and justifying dismissal. However from long standing practice among employers and judging by their general pattern that has emerged from established practiced , the following representatives acts of misconduct can be considered :-

  1. Infidelity

  2. Corruption

  3. Fighting on duty

  4. Drunkenness

  5. Gross Immorality

  6. Use of bad language

  7. Incapacity

  8. Professional misconduct

The labour law in Cameroon guarantees the right to work and the obligation of employers to respect the salary scale in Cameroon. The most popular remedy for unfair dismissal is damages and the principles underlying the assessment of damages is that of restitution in integrum in general contract

In conclusion , employers are statutorily bound to adhere strictly to the salary scale in Cameroon.

Article By: Barr Mafany Victor Ngando

Kinsmen Advocates

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.