CONTINUOUS ASSESSMENT _ SESSION 2023

LABOUR LAW AND PROTECTION OF THE EMPLOYEE (WORKER)

NAME : MADE SIMO GODLOVE DANIELLE SAMUELLA

CLASS : LICENCE SPÉCIAL SCIENCES INFIRMIÈRES
MATRICULATE : 22IO55

DEFINITIONS

1 Define:

• Employment contract : It is a legal agreement between an employer and an employee in which

the terms of their employment relationship are defined, such as the nature and duration of work,
salary, benefits, obligations, responsibilities and conditions of dismissal.

• Worker : It is a person who works for a company, organisation or individual in return for
remuneration. Workers may be employed full-time, part-time, temporary or permanent.

• Civil servant : It is an employee of a public administration, such as the state, local or regional
authorities, or public institutions, who is appointed by virtue of a selection procedure and who
exercises skills and responsibilities related to the public interest

• Staff delegate : It is a worker elected by his or her colleagues to represent them vis-à-vis the
employer on matters relating to health, safety and working conditions. Staff representatives are
recognised by law in some jurisdictions and have specific rights and powers to ensure the
application of legal standards and collective agreements within the company.

2 What are the conditions of validity of an employment contract?

Answer :
For an employment contract to be valid, it must meet the following conditions :
- Mutual consent : the agreement must be freely consented to by both parties, the employer and the
employee.
- Legal capacity : The parties involved must have the legal capacity to enter into a contract. This means
that they must be of age and aware of what they are doing.
- Lawful purpose : The contract must have a legal purpose. In simple terms, this means that the subject
matter of the contract must comply with the applicable laws and respect professional, ethical and
moral rules.
- Lawful cause : The contract must also have a lawful purpose. In other words, it must be intended to
achieve a lawful purpose.
- Written form : It must be in writing (written contract or verbal contract), and must specify the purpose,
duration, place of work, salary and payment, working hours, holidays and conditions of departure.

3 What are the respective obligations of the employer and the worker under the
employment contract in Cameroon?

Answer :
Obligations of the employer :
- To provide suitable and paid work in good time ;
- To ensure the safety and health of workers in the workplace ;
- Post legal and regulatory texts in the work premises ;
- Pay social security contributions for workers ;
- Prevent accidents at work and compensate workers in case of accidents or occupational diseases.

Obligations of the worker :

- Accomplish correctly and punctually the tasks assigned to him/her ;
- Respect the safety and hygiene regulations in force at the workplace ;
- To accept the training offered by the employer ;
- Respect the working hours and the appropriate sanctions in case of unjustified absence ; - Notify the
employer of any absence or delay at work.

4 What is the legal working time ? Is it applicable in the medical sector ?

Answer : :The legal working time in Cameroon is 40 hours per week, or 8 hours per day. However,
there are exceptions for certain sectors, such as agriculture, which are subject to specific working time
regulations.

The medical sector is generally subject to labour laws, but may also be subject to sector-specific
regulations, depending on the job and speciality.
 5 Under the family benefits system, which children are eligible for family benefits?

Answer : The children concerned are those who are under 18 years of age or children who are over 18
years of age but still dependent on their parents due to the cessation of their studies for reasons beyond
their control, such as the inability to continue studying due to a proven physical or psychological
disability or following the death of their parents.

6 What difference do you make between allowance and family pension?

Answer : Allowance is a financial benefit granted to parents or guardians of children under the age
of 20. This benefit is intended to help parents support their children and is financed by employers'
and employees' social security contributions. The family allowance is a lump sum paid monthly to
each dependent child.

Family pension is a benefit paid to families in the event of the death of a parent who has paid social
security contributions. It is intended to help the family cope with the financial difficulties that may
arise after the loss of the parent.

MCQ: Several answers are possible

7 Labour law :
✓ Guarantees respect for trade union activities
✓ Guarantees the right to enjoy civil rights
✓ Guarantees safety standards at work
✓ Guarantees a right to work
✓ Guarantees protection for vulnerable workers
□ Is a right obtained through negotiation with sponsors

8 What is the minimum wage?

□ A union of young workers

✓ The guaranteed interprofessional minimum wage

□ The general minimum insertion wage

□ The minimum insertion wage for management
 9 An employee :
✓ Is linked to an employer and is subject to a subordinate relationship

□ Is engaged in intellectual or commercial activities

□ Is subject to an obligation of discretion

□ Must not work for another employer

□ May not compete with the employer

10 The trial period :

□ Is mandatory
□ Is limited in duration by law
□ May be renewed
✓ May only be specified in the collective agreement

CASE STUDY: Support your arguments in the light of the provisions of the Labour Code

9 You have just concluded a verbal contract for a period of 2 years. However, after 6 months,
your employer decides to terminate your collaboration. On these grounds alone, who is
right?

Answer : In answer to the question, it all depends on the contractual provisions that were agreed upon
at the time the verbal contract was concluded. If the contract provided for two years of collaboration
and no notice for unilateral termination, the employer does not have the right to terminate the
collaboration before the two years have expired. In this case the employee is right

On the other hand, if the verbal contract is flexible and does not specify a duration or precise terms of
termination, the employer may terminate it at any time, subject to the legal provisions governing labour
relations in Cameroon.

12 – Employed on a three-month probationary basis since 1 March 2020 at the SOPCIC clinic as
an administrative manager, Mr EKITI was waiting to receive a letter of confirmation or renewal
of his probationary period between 28 and 30 May 2020.
Worried, Mr EKITI went to the personnel department on 2 June 2020 to find out whether he
had been recruited or not and was told that his probationary period had been renewed by tacit
agreement.

What analysis do you make of his contractual situation on reading the facts? Is the answer of the
personnel department in line with the labour law?

Answer : Based on the facts provided, Mr. EKITI was hired on a trial basis for a period of three months
starting from 1 March 2020. His trial period was expected to end between 28 and 30 May 2020, and
he was waiting to receive a letter of confirmation or renewal. However, he did not receive any such
letter and went to the personnel department on 2 June 2020 to inquire about his employment status. He
was then informed that his probationary period had been renewed by tacit agreement.

Under Cameroonian labor law, an employment contract can be concluded for a trial period not
exceeding three months. During this period, the employer can evaluate the employee’s skills and decide
whether to confirm or terminate the employment contract. If the employer does not inform the
employee of their decision by the end of the trial period, the contract is considered to have been tacitly
renewed for an indefinite period.

In Mr. EKITI’s case, his trial period ended between 28 and 30 May 2020, and he did not receive a letter
of confirmation or termination. Therefore, his contract was deemed to have been tacitly renewed for
an indefinite period. The personnel department’s response to Mr. EKITI’s inquiry was in line with the
labor law.