EMPLOYMENT CONTRACT UNDER THE CAMEROON LABOUR CODE

CHAPTER ONE

GENERAL INTRODUCTION

1.1     Background of the Study

Employment regulation in Cameroon was greatly influenced by the colonialist. Employment did not exist earlier because of the lack of legal tender (money). There was also a strong belief that it was degrading for a free-born African to work for some other person. Labor was provided primarily by family members and this was possible given their large and polygamous families. In consequence, there was no need for employment.

Owing to the fact the main form of production was hunting, farming and trading, the labor force was mainly based on agriculture, producing largely for direct consumption. The society was largely a simple one and as such, no demand for work by others.

It was therefore seen that the pre-colonial era, employment relations were typically observed in the traditional settings in the form of collective cooperation. Members of the village performed unpaid jobs for one another. The considerations for such jobs were provision of food and drinks. This was common especially during harvest and transportation of crops such as cocoa.

The coming of the Europeans to the coast of Cameroon in 1472 changed the dispensation. There was the introduction of general laws of capitalist development into Cameroon. The philosophy and modus operando of Capitalism rested on stripping Africans of their land. Pre-colonial form of production was then redrafted into pre-colonial order through arrangements like the present production of agricultural export and retail trade.

Natives were subjected to force labor and they were to work I the plantation for no pay. During colonial period, slaves constituted the most vital source of large scale commercial labor. As things evolved, colonialist started paying for labor though a very low wages. They went on until laws were enacted.

The legal regulation of labor law regulation that was introduced by Britain and France were different. In former East Cameroon, the French overseas labor code of 1952 was implemented and applicable. In the former West Cameroon, the labor legislation applicable in Nigeria was extended or better still, was made applicable in former Wes Cameroon. The two laws were harmonized after independence and the product was the enactment of the labor code of 1967.

The 1967 code was later amended in 1974. Fomba, (Fomba, 2011) argues that the 1974 Labor Code was rigid. He pointed out that Section 30(2) at the 1974 Code which provides “If the contract is concluded for a limited duration, this duration cannot exceed two years.” According to section 30(2) of the code, the fixed term contract is converted to an open-ended contract upon the 1974 Labor Code “the indefinite term contract was thus the norm and the fixed term contract an exception.

Yanou pinpoint a pertinent difference between the 1992 and the 1974 Labor code. According to him, the later made reference to only a contract of specified and unspecified duration while the former expanded the scope of a labor contract to include temporary jobs, occasional and seasonal jobs.

It has also been argued that the 1992 Labor Code instructed economic dismissal where the ground for dismissal has nothing to do with the person of the worker, but is based on economic situation, (V, 2015).

From the above, it is therefore clear that the 1992 Labor code made changes to the 1974 Labor code such as the provision of an employment contract of fixed duration.

1.2     Statement of the problem

If you are a business owner or HR manager, you must know that maintaining good employee relations is very important to the growth and success of your business. However, you probably also know from firsthand experience that there are many issues that can come up in the workplace.

All business owners wants to have a sale and secure workplace that promote communication and has a supportive culture. When you find what common issues are, you can have a plan. The plan is the key to maintaining a very good workplace that runs efficiently. Common issues of the employee relations, this issues hold in both small and large.

• Conflict Management

Conflict can occur in any environment and the business place is certainly not exempted disputes between two employees or a direct disagreement between an employee and business owner are situations that can frequently occur. The effective way of managing the conflict in a business is way important to the continues good health of the company.

One of the important issues is how the two parties talk to each other, or whether they talk at all. If there if not an easy way or method for the two parties to communicate and have issues heard. The conflict might lead to something else which is worse. This can cause company morale to be very poor or the termination of a team member.

Consider using a system that allows for consistent, efficient communication between team members and insist that this is the way that they must communicate if a conflict arises. When you make this a policy, you can avoid gossip.

• Adequate safety in Workplace

The issue of accidents frequently occurring and little or no safety measures put in place, have over the years been seen to tension the relationship between an employer and employee. It’s every business owner’s worst nightmare to have an injury or accident happen to one of their employee while they are on the job.

• Hour and Wage Issues

Do you find that issues often crop up around payday? Do employees tend to dispute the number of hours they worked or insist on overtime that you don’t think is accurate? Do you or your HR time find out that you have to go overtime shift? Such issues can lead to non-effectiveness of workers in their work.

• Annual Leave Dispute

Do employees know what the company’s leave policy is and if their policy is in accordance with country’s laws? Therefore there are usually disputes relating to when an employee can demand for a leave.

• Timekeeping and Attendance Issues

These issues are very common when employers don not want their employees to become lax on the issues and other employees or co-workers buddy punch them in when they are running late.

1.3     Research Questions

With the problems mentioned, the question to be determined in the course of this thesis shall include the following and the above problems are solved by the underlying objectives.

The general question to be asked is “what is the motive and extend of relationship between employee and employer.”

Specifically, the determinant questions are as follows:

• What is the concepts of an employment contract?
• What are the obligations of parties to an employment contract in Cameroon?
• How is judicial control of employment contracts, modifications of contracts, collective disputes, and issues of legality in Cameroon labour contracts?
• What policy recommendations can be made ?