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 procedures and methods in resolving labor disputes within the context of Cameroon’s labour system with emphasis on the challenges. The research examines the functions and responsibilities of Labour Inspectors in mediating and settling disputes between employers and employees. The study therefore adopts the qualitative research methodology through a content analysis of both primary and secondary sources of data.

The findings reveal that the Cameroon Labour Code have put in place mechanism for settlement of labour disputes which usually begin from the labour Inspector before the parties can explore the court. Bringing the disputes before the labour Inspector is therefore a mandatory requirement that the parties must fulfill before approaching the courts. If there is breach of this procedure, no court can adjudicate on the labour disputes.

This study contributes to a better understanding of the procedure and methods, challenges and prospect in the settlement of labour disputes 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 satisfaction in ensuring effective settlement of labour disputes in Cameroon, there is the need for the government to enhance the enforcement and implementation of existing labour laws to protect the rights of both employers and employees and to establish specialized labour dispute resolution bodies to provide timely and accessible remedies.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background To The Study

Cameroon, located in Central Africa, is a country with a diverse economy that relies heavily on industries such as agriculture, mining, manufacturing, and services. Like any other nation, Cameroon encounters labour disputes that arise from various issues such as worker rights, disagreements over wages, working conditions, termination of employment contracts and unfair dismissals, discrimination and collective bargaining disagreements. These disputes, if left unresolved, can have detrimental effects on the country’s economic stability, industrial relations, and social harmony.

The settlement of labour disputes is crucial in maintaining industrial peace, and ensuring fair treatment of workers. In Cameroon, there are several mechanisms and institutions involved in the resolution of labour disputes. One of the key institutions is the ministry of Labour and Social security, which is responsible for promoting social dialogue and mediating between employers and employees. Where there is a contract of Employment, parries have rights and obligations to perform, so that the breach of performing obligations by one party gives right to the other party to institute and action against the party who have breached that obligations. In most instances, it is the breach of obligation of one party, or failing to perform obligations that gives rise to a labour disputes.

Recognizing the importance of effective labour dispute settlement mechanisms, the government of Cameroon has established a legal framework to regulate and address such disputes. This framework includes laws, regulations, and policies that outline the rights and obligations of employers, employees, trade unions, and other relevant stakeholders. Additionally, there are institutions responsible for the resolution of labour disputes, including the Ministry of Labour and Social Security, the Labour Inspectorate, and the National Mediation and Conciliation Board.

However, despite the existence of this legal framework and dispute resolution mechanisms, there are persistent challenges and shortcomings in the settlement of labour disputes in Cameroon. These challenges may include delays in the resolution process, inadequate resources and capacity of dispute resolution institutions, lack of awareness among stakeholders about their rights and responsibilities, and limitations in the enforcement of decisions and agreements Given the significance of labour disputes in Cameroon and the need for an efficient and fair resolution system, this study aims to explore the prospects and challenges related to the settlement of labour disputes in the country.

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 code outlines procedures for negotiations, mediation, and arbitration. Labour Unions also play a significant role in representing the interest of workers and advocating for their rights during disputes resolution process. 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.

It is worth nothing that but at the international and national level, different instruments guarantees the duties, rights and obligations of both employers and employees in a contract of Employment so as to avoid scenario where there will be conflict of interest and possible disputes between the parties to the contract. Even though most of the instruments did not specifically advocate on how this disputes might be settled, but however, the instruments helps in the settlement of labour disputes.

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.

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 in ensuring a smooth labour relationship between the employees and their employers in terms of putting in place legal framework like the Labour Code of 1996 and different disputes resolution mechanisms, disputes are still on the rise in Cameroon.  There are persistent challenges and shortcomings in the settlement of labour disputes in Cameroon.

These challenges may include delays in the resolution process, inadequate resources and capacity of dispute resolution institutions, lack of awareness among stakeholders about their rights and responsibilities, and limitations in the enforcement of decisions and agreements. 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.

1.3 Research Questions

1.3.1 General Research Question

How are Labour Disputes settled in Cameroon?

1.3.2 Specific Research Questions

1. What are the various types of Labour Disputes in Cameroon?
2. What are the procedures for settling Labour Disputes in Cameroon?
3. Are there substantive and procedural challenges in resolving Labour Disputes in Cameroon?
4. What can be done to enhance the settlement of Labour Disputes in Cameroon?

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