Abstract

The Labour Code of Cameroon, enacted in 1992, provides the legal framework for labour relations in the country. The system of labour relations in Cameroon places heavy emphasis on the role of labour inspectors and the courts in enforcing standards and resolving disputes. Despite Government efforts both municipal and international to minimize labour disputes in Cameroon, labour disputes is still on the rise in Cameroon. This study explores the critical role of Labour Inspectors in resolving labor disputes within the context of Cameroon’s labor system.

The research examines the functions and responsibilities of Labour Inspectors in mediating and settling disputes between employers and employees. Through qualitative analysis and interviews with key stakeholders in the labor sector, the study sheds light on the practical mechanisms employed by Labour Inspectors to facilitate fair and timely resolutions to labor conflicts. The study therefore adopts the qualitative research methodology through a content analysis of both primary and secondary sources of data.

Additionally, the research investigates the challenges faced by Labour Inspectors in effectively carrying out their duties and proposes recommendations to enhance their effectiveness in labor dispute resolution. The findings of this study contribute to a better understanding of the pivotal role played by Labour Inspectors in fostering harmonious industrial relations and ensuring compliance with labor laws in Cameroon.

The labour inspector therefore plays a crucial role in resolving Labour Disputes in Cameroon. It can be recommended that, in order for Cameroon government to derive the greatest benefit from the labour inspectorate services particularly in terms of having minimal or reduced occurrence of workplace labour disputes, government must consider making the labour inspectorate services as one more key priority area and provide it with adequate resources in terms of required budgetary provisions in addition to staffing.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background To The Study

The study of the role of labour inspectors in the settlement of labour disputes in Cameroon is an important topic that has been researched by scholars and experts in the field. The Labour Code of Cameroon, enacted in 1992 , provides the legal framework for labour relations in the country. The system of labour relations in Cameroon places heavy emphasis on the role of labour inspectors and the courts in enforcing standards and resolving disputes .

The effectiveness of the labour dispute system in Cameroon depends on the capability of the administrative structure, including labour inspectors, to defend workers’ interests while balancing them with national priorities . The International Labour Organization has been assisting member states, workers’ and employers’ organizations to set up or strengthen dispute prevention and resolution systems .

The role of labour inspectors in the settlement of labour disputes in Cameroon is pivotal in enforcing labour legislation and regulations.  The Labour Code of Cameroon provides for the settlement of individual and collective labour disputes through the competent labour inspector . The role of labour inspectors in the settlement of labour disputes in Cameroon is not without challenges, including limited resources and dilemmas when dealing with employment irregularities involving domestic workers.  Overall, the study of the role of labour inspectors in the settlement of labour disputes in Cameroon is important for understanding the legal framework and administrative structure of labour relations in the country, as well as the challenges faced by labour inspectors in enforcing labour legislation and regulations.

The acid test of a justice system lies not only in the decision arrived at in court but whether justice  is seen to have been done to the plaintiff, the defendant and the society . The core of employment relations is the contract of employment from which the relationship ensues. When one party’s contract obligations are abridged by the other, the proper place of redress is a properly constituted justice system where judges dispense judgments based on just laws and impartiality.

In labour relations in Cameroon, this has been preserved by sections 131- 155 of the Labour Code 1992 (in case of individual dispute) and sections 157-164 of same (in case of collective disputes).  Here alternative dispute resolution methods have been prescribed, followed by adjudication (court action) in cases where the competent labour inspector enters a statement of partial or non- conciliation. The code contains the substantive law on labour relations as well as the procedure for the settlement of labour dispute.

Natural justice, which a worker can get for the legal injury suffered, can only be gotten from a judicial or quasi-judicial organ. However, it is opined that for a long lasting peaceful solution, the choice of method of dispute resolution should be that of the disputants by way of an agreement or a compromise adopting either adjudication or alternative dispute resolution (ADR) methods. An assessment of the role played by the labour inspector, who is a government officer, in the statute-imposed dispute resolution mechanism is very crucial especially when viewed from a security of service perspective .

From this premise, the resolution of disputes is therefore a very important feature in labour relations as the poor handling of matters arising therefrom may affect the social justice the worker gets from dispute resolution even after the termination of employment. In the event of the occurrence of individual disputes between a worker and his employer, the aggrieved party has to first of all follow the internal grievance procedure with a view to settle the matter amicably.  If the grievance procedure has failed or is nonexistent, then as per section 139 (1) of the labour code of Cameroon of 1992, the aggrieved party will request the competent labour inspector to settle it out of court.

1.2 Statement Of The Problem

Despite Government efforts both municipal and international to minimize labour disputes in Cameroon, labour disputes is still on the rise in Cameroon. Several reasons account for this prominent of which is the fact that the labour code is employer friendly leaving much to be desired in issues of determination of contracts of employment as it runs in contradictions with ratified treaties.

Also, the mechanism put in place Cameroon like the Labour Inspector to see to the protection of employees especially unfair policies of termination lack the adequate instruments and a supervisory body to ensure that they carry out their duties as stipulated by the laws. In most cases, the procedures to ensure the settlement of labour disputes are not effective thereby leaving the aggrieved party unsatisfied.

1.3 Research Questions

1.3.1 General Research Question

What is the role of the Labour Inspector in the settlement of labour disputes in Cameroon?

1.3.2 Specific Research Questions

1. What is the concept and nature of labour disputes in Cameroon?
2. What is the legal and institutional framework for the settlement of Labour Disputes in Cameroon?
3. What is the role of the Labour Inspector in the settlement of labour disputes in Cameroon?
4. What policy recommendations can be made to solve the problem raised?

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