COURSE TITLE: EMPLOYEE RELATION AND LABOUR
TRADE UNION
Section 4 of the Cameroon Labour Code (Law No. 92/007 of 14 August 1992):
A trade union is any association of wage earners or employers for the study, defence,
promotion and protection of their economic, social and moral interests, as well as the
development of the rules governing the exercise of a trade or occupation.
This means trade unions in Cameroon can be formed by either workers or employers.
Their main role is to protect and advance the interests of their members whether it's
through negotiations, advocacy, or contributing to policy related to employment.
THE ROLE OF TRADE UNION
In Cameroon, the role of trade unions is outlined in the Labour Code of Cameroon
(Law No. 92/007 of 14 August 1992), which provides a legal framework for the
protection of workers' rights, and their representation in the workplace. Key roles of
trade unions according to the Labour Code include:
1. Representation and Protection of Workers’ Rights:
Trade unions represent workers in discussions with employers on issues like
wages, working conditions, and workplace safety.
They protect workers' rights in cases of disputes or violations, including unfair
dismissal, harassment, or discrimination.
2. Collective Bargaining:
Unions play a central role in negotiating collective agreements between
employees and employers on salaries, working hours, benefits, and other
employment terms. These agreements can be binding on both parties.
3. Conflict Resolution:
Trade unions are involved in resolving labor disputes through mediation,
conciliation, and arbitration. They help ensure that workers' grievances are
heard and addressed in accordance with the law.
4. Advocacy for Workers’ Interests:
They advocate for better policies and regulations that improve workers' welfare
and contribute to labor law reforms.
Written and presented by BIMI AYEAH KAMOGNE 1
COURSE TITLE: EMPLOYEE RELATION AND LABOUR
5. Legal Support:
Unions provide legal assistance to workers, helping them navigate legal
challenges and protecting them from unfair treatment or exploitation.
6. Workplace Safety and Health:
Trade unions monitor compliance with labor laws regarding occupational health
and safety. They can raise concerns about unsafe working conditions and push
for improvements.
7. Participation in Social Dialogue:
Unions participate in national social dialogue, advising the government on labor
market trends and helping shape labor policies.
Trade unions in Cameroon are crucial in empowering workers and ensuring their rights
are upheld in the face of employers and broader socio-economic pressures. The Labour
Code establishes a framework for their operation, ensuring that they function within a
legal context that allows for both cooperation and advocacy for the workforce.
COMPENSATIONS FOR WRONGFUL DISMISSAL
Under Section 39 of the Cameroon Labour Code (Law No. 92/007 of 14 August
1992), compensation for wrongful termination is centered around damages awarded to
the worker when the dismissal is considered unjustified or illegal.
Every wrongful termination of a contract may entail damages. In particular, dismissals
effected because of the opinions of the worker or his membership or non-membership
of a particular trade union shall be considered to be wrongful.
Factors that influence the amount of damages:
Seniority: Longer service usually results in higher compensation.
Salary level: Damages are based on the employee’s gross monthly salary
(including benefits).
Type of misconduct by the employer: If the dismissal was discriminatory,
malicious, or humiliating, compensation may be increased.
Impact on the worker: Emotional distress, difficulty in finding new
employment, loss of status, etc.
Breach of procedure: If dismissal was done without proper disciplinary
hearing, or without written notice, damages increase.
Here’s how compensation for wrongful dismissal is typically determined:
Written and presented by BIMI AYEAH KAMOGNE 2
COURSE TITLE: EMPLOYEE RELATION AND LABOUR
1. Grounds for Wrongful Dismissal:
Lack of Just Cause: If the dismissal is not based on valid reasons, such as
misconduct, negligence, or business-related justifications, it can be considered
wrongful.
Failure to Follow Procedures: The employer must follow due process,
including proper notice or consultation, especially in cases of termination based
on disciplinary issues or restructuring.
Violation of Contractual Terms: If an employer terminates a contract in a way
that violates the terms of the employment contract, the dismissal is deemed
wrongful.
2. Compensation: The Labour Code provides that if the dismissal is deemed
wrongful, the dismissed employee is entitled to compensation that may include the
following:
Back Wages: The employee is entitled to compensation for lost wages from the
time of wrongful dismissal to the date of the court’s ruling.
Severance Pay: In some cases, the worker may be entitled to severance pay
based on the length of service, especially if the dismissal was for reasons other
than gross misconduct.
Damages for Loss of Earnings: The amount of damages is typically
determined by the court and is based on the employee's length of service, the
nature of the job, and the employee's salary.
3. Reinstatement or Alternative Compensation:
In some cases, the court may order reinstatement of the worker to their previous
position. However, if reinstatement is not possible, the court may award
additional compensation or damages.
A. Maximum Compensation:
The Labour Code specifies the following compensation caps:
For employees with fewer than two years of service, the compensation should
be at least one month’s salary.
For employees with more than two years of service, compensation is calculated
based on the employee’s length of service, but it should be no less than three
months’ salary.
4. Legal Action:
If an employee believes they were wrongfully dismissed, they can file a claim
at the Labour Court. The court will assess whether the dismissal was lawful
and, if not, determine the appropriate compensation.
Written and presented by BIMI AYEAH KAMOGNE 3
COURSE TITLE: EMPLOYEE RELATION AND LABOUR
Complementary Compensation (beyond Section 39)
These are other forms of compensation that can apply in addition to damages for
wrongful dismissal:
a. Compensation in Lieu of Notice (Section 36)
If the employer fails to give proper written notice, they must pay a sum equal
to the salary the worker would have earned during the notice period.
Example: If notice is one month and monthly salary is 200,000 FCFA, then
200,000 FCFA is due.
b. Severance Pay (Section 34 + Decree No. 93/575/PM)
Payable to employees with contracts of indefinite duration.
Calculated based on years of service:
o First 5 years: 20–25% of one month's salary per year.
o Next 5 years: 30% per year.
o Beyond 10 years: 35–40% per year.
c. Leave Compensation
If the worker has accrued leave days at the time of dismissal, the employer
must compensate for unused leave.
d. Unpaid Wages or Bonuses
Any unpaid salary, bonuses, commissions, or allowances owed must be settled
in full.
The goal of compensation for wrongful dismissal is to ensure that the employee is
financially protected while also promoting fairness and adherence to labor laws in the
workplace.
Written and presented by BIMI AYEAH KAMOGNE 4
