Cameroon Labour Code

Section 1:

(1) This law shall govern labour relations between wage-earners and employers as well as
between employers and
apprentices under their supervision.

(2) In this law, “worker” shall mean any person, irrespective of sex or nationality, who has
undertaken to place
his services in return for remuneration, under the direction and control of another person, whether an
individual or a public or private corporation, considered as the “employer”. For the purpose of determining
whether a person is a worker, non account shall be taken of the legal position of employer or employee.

(3) This law shall not apply to staff governed by :

– the General Rules and Regulations of the Public Service;
– the Rules and Regulations governing the Judicial and Legal Service;
– the General Rules and Regulations governing Servicemen;
– the Special Rules and Regulations of the National Security;
– the Special Rules and Regulations of Prison Administration Civil Servants;
– the special provisions applicable to auxiliary staff.

See other Cameroon laws

• OHADA Uniform Act on General Commercial Law
• Cameroon Penal Code

Section 2:

(1) The right to work shall be recognized as a basic right of each citizen. The State shall
therefore make every
effort to help citizens to find and secure their employment.

(2) Work shall also be a national duty incumbent on every able-bodied adult citizen.

(3) Forced or compulsory labour shall be forbidden.

(4) “Forced or compulsory labour” shall mean any labour or service demanded of an individual
under threat of penalty, being a labour or service which the individual has not freely offered to perform.

(5) However, the expression “forced or compulsory labour” shall not include :

1. any work or service exacted by virtue of compulsory military service laws and regulations for work of a
purely military nature;
2. any work or service in the general interest forming part of the civic obligations of citizens as defined by
the laws and regulations ;
3. any work or service exacted from any person as a consequence of a conviction in a court of law ;
4. any work or service exacted in cases of force majeure, that is to say, in the event of war, disaster or
threatened disaster, such as fire, flood, severe violent epidemic or epizootic diseases, invasion by animals,
insects or plant pests, and in general, any occurrence that would endanger or threaten to endanger the existence
of the well-being of all or part of the population.

Section 3:

The law recognizes the right of workers and employers, without distinction whatsoever, to set up freely and
without prior authorization (trade unions or employers’ associations), associations for the study, defence,
promotion and protection of their interests, particularly those of an economic, industrial, commercial or
agricultural nature, and for the social, economic, cultural and moral advancement of their members.

All activity by such unions and associations which is not connected with the furtherance of the above objectives
shall be prohibited.

Section 4:

(1) Every worker and employer shall have the right to join a trade union or employers’
association of his own
choice in his occupation or kind of business.

(2) Workers shall be protected from :

(a) any acts of anti-union discrimation in respect of their employment;
(b) any practice tending :
– to make their employment subject to their membership or non-membership in a trade union ;
– to cause their dismissal or other prejudice by reason of union membership or non-membership or participation
in union activities.
(3) Any act contrary to the provisions of this section shall be null and void.

Section 5:

(1) Workers’ and employers’ organizations shall have the right to draw up their constitutions
and rules, to
elect their representatives freely and to organize their administration, provided they respect the laws and
regulations in force.

(2) Workers’ and employers’ organizations shall be forbidden to interfere in each other’s
activities.

Section 6:

(1) A trade union or employer’s association shall not have legal existence until the day on
which a certificate
of registration has been issued to it by the registrar of trade unions and employers’ associations.

(2) Any person forming a trade union or employers’ association that has not yet been registered
and who acts as
if the said union or association has been registered shall be liable to prosecution.

(3) The registrar of trade unions and employers’ association shall be a civil servant appointed
by decree.

Section 7:

(1) No one shall be a member of a trade union unless he is in fact gainfully employed at the
time of his joining
it.

(2) However, a person who has ceased to be gainfully occupied may continue to be a member of
his trade union,
provided :

1. he has carried on his occupation for at least (6) six months, and
2. he is engaged in union activity or is appointed by virtue of his occupation to a post for which provision is
made by laws and regulations.

Section 8:

Every application for registration of a trade union or employers’ association shall be signed by at least 20
members if it is a workers’ union or at least 5 members if it is an employers’ association. The rules of trade
unions and employers’ associations shall comply with the provisions of this law.

Section 9:

The form under which trade unions or employers’ associations shall be set up in order for them to be registered
shall be fixed by decree after the recommendation of the National Labour Advisory Board.

Section 10:

(1) The persons applying for registration of a trade union or employers’ association and the
members responsible
for its administration and management shall be in possession of their civic rights and shall be convicted of any
offence involving a penalty laid down in Section 30 (1), (2) and
(3) of the Penal Code.

(2) Aliens shall be required in addition to have resided for not less than five years in the
territory of the
Republic of Cameroon.

Section 11:

(1) Registration of a trade union or employers’ association shall be effected as follows :

(a) an application to register the union or association and its rules shall be sent to the
registrar of trade
unions or employers’ association; the application shall be accompanied by two copies of the rules and a list of
the names of the officers of the union or association and of their titles as such ;
(b) the registrar shall acknowledge receipt of the application, examine it and register the
trade union or
association and its rules within a period of one month. After that deadline, the trade union or association
shall be considered as having been registered.
(c) The registrar shall not register any trade union or employers’ association under a name
identical to that
under which any existing union or employers’ association has been registered as may lead members of the unions
or association or third parties into error.
(2) A decree shall determine the form of the certificate of registration.

Section 12:

(1) If the application for registration does not comply with the conditions, the registrar
shall inform the
applicants of his observations in writing and request them to re-submit the application.

(2) Upon receipt of the resubmitted application the registrar shall either register the trade
union or, if he
refuses to do so, notify in writing within thirty days, the applicants of his refusal and the reasons therefor.

Section 13:

(1) The registrar may cancel the registration of a trade union or employers’ association if it
is established :

(a) that the certificate of the registration was obtained by fraud;
(b) that the registered union or association has wilfully violated any provision of this law or
carried out
non-statutory activities ;
(c) that the registered union or association has ceased to exist.
(2) Before such cancellation is effected, the registrar shall give the union or association
concerned two
months’ notice specifying the reason for his decision.

(3) Whenever a registrar cancels the registration of a trade union or employers’ association,
he must make known
the steps he has taken by adequate publicity, and especially by publishing the decision in the Official Gazette.

Section 14:

Any trade union, member of a trade union or person feeling aggrieved by a decision of the registrar to refuse or
to cancel registration of a trade union or employers’ association may, within thirty (30) days
of notification
of such decision, refer the matter to the competent court, the judgement of which shall be open to appeal. The
registrar shall be entitled to be heard at any stage of the proceedings.

Section 15:

The rules of every trade union and employers’ association shall comprise the following provisions :

(a) The name of the union or association and its registered office ;
(b) The purposes for which the union or association is established;
(c) The intended purpose of the funds and the percentage of contributions earmarked for social
work ;
(d) The procedure for establishing, amending or rescinding the rules ;
(e) The procedure for appointing and removing the Union or Association leaders from office, as
well as sanctions
which may be meted to members ;
(f) The prohibition to elect as President, Secretary or Treasurer or to any other office, a
person who can
neither read nor write English or French ;
(g) A Provision for the keeping of a nominal roll of members showing the trade, profession or
usual occupation
of each member and, if need be, the name of the employers ;
(h) Provisions for the investment of the funds or their deposit in a bank and for an annual or
more frequent
audit of accounts;
(i) provisions for the keeping of full and accurate accounts by the treasurer, the regular
audit of such of a
statement accounts by persons so empowered and the distribution to members, who so request, of accounts prepared
at least once a year by a qualified accountant;
(j) The procedure of dissolving the union or association, the manner of devolving its assets it
being understood
that they shall not in any way whatsoever be shared to the members.

Section 16:

(1) Every registered trade union and employers’ association shall have an office to which all
correspondance and
notices may be addressed. The address of the said office shall be notified to the registrar within thirty days
of its opening and any change of address shall likewise be notified to the registrar within thirty days of the
change.

(2) If any registered trade union of employers’ association is in operation for three months
without having such
an office, it shall be liable to the penalty provided under Section 166 of the law.

Section 17:

Trade unions and employers’ associations shall enjoy legal status. They shall have the right to go to law and to
acquire movable and immovable property, by way of gift or purpose without authorization.

Section 18:

(1) Trade unions and employers’ associations may :

(a) exercise in any court the rights reserved to civil action plaintiffs in criminal
proceedings, in relation to
acts causing direct or indirect prejudice to the collective interest of the trade or occupation which they
represent;
(b) allocate a part of their resources to the buildings of workers’ dwelling or the purchase of
lands for
cultivation or sports grounds for the use of their members ;
(c) Establish, administer or make grants to institutions serving to trade or occupation such as
provident
schemes, solidarity funds, laboratories, experimental farming stations, schemes for scientific, agricultural or
social education, courses and publications in matters concerning the trade or occupation;
the movable and immovable property required for their meetings, libraries and vocational instruction courses
shall be exempt from attachment;
(d) make grants to producer or consumer co-operative societies ;
(e) make contracts or agreements with any other trade unions, employers’ associations,
companies, undertakings
or persons.
(2) If they are so authorized by their rules and on condition that they make no distribution of
profits (even by
way of rebate) among their members, trade unions and employers’ association may also :

(a) purchase, with a view to hiring out, lending or distribution to their members, anything
that is necessary
for the trade or occupation, including raw material, tools, implements, machinery, fertilizers, seeds, plants,
animals and feed for cattle ;
(b) provide a free service for the sale of products derived exclusively from the personal
labour or holdings of
the members, and promote such sale by means of exhibitions, advestisements, publications, group orders and
deliveries, but not by carrying out the selling operation in their own name and on their own responsibility.

Section 19:

An act done by a person duly authorized by a union in furtherance of a trade dispute may be actionable only if
it induces some other person to break a contract of employment or interferes with the right of some other person
to dispose of his capital or his labour as he wished.

Section 20:

(1) The representative character of a trade union or employers’ association shall, as and when
necessary, be
established by order of the minister in charge of labor having regard to the following considerations :

(a) in the case of a trade union, total number of members :
(b) for an employers’ association, the total number of workers employed.
(2) The administrative courts shall be competent to consider any objection raised by a trade
union or employers’
association against a decision on this matter.

Section 21:

(1) An employer shall be permitted to deduct from the wages earned by a worker under his
control the ordinary
trade union contribution due from the worker, provided that the employer immediately pays the contribution so
deducted to the trade union specified by the worker.

(2) The said deduction of contributions at source shall be permitted only :

(a) if an agreement to that effect has been concluded between the employer concerned and the
trade union to
which the contributions are to be paid.
(b) If the worker has agreed with such procedure by signing a form jointly accepted by the
employer and the
trade union, or if he can neither read nor write, by affixing his finger prints.
(3) In addition :

(a) The worker’s consent may be withdrawn by him at any time ; such withdrawal shall have
effect in regard to
the month following that in which it is made ;
(b) The said consent may be renewed by tacit agreement if it is not withdrawn, except in the
case of a change in
the amount of the contribution ;
(c) The expense incurred by the employer in deducting and paying over the contributions may be
reimbursed by the
trade union concerned in accordance with arrangements jointly agreed by the union and the employer.

Section 22:

(1) Trade unions and employers’ associations which have been duly established shall be free to
act in union for
the purpose set out in Section 3 of this law.

(2) They may form federations of any kind and under any name. Such federations shall comply
with the provisions
of the previous chapters.

(3) The rules of a federation shall determine the manner in which the affiliated trade unions
and employers’
associations shall be represented at the level of all the organs.

(4) Such federations shall enjoy all the rights and have the benefit of all the protective
measures granted to
trade unions and employers’ associations.

Section 23:

(1) A contract of employment shall be an agreement by which a worker undertakes to put his
services under the authority and management of an employer against remuneration.

(2) Contracts of employment shall be negotiated freely.

Section 24:

(1) Irrespective of the place where the contract is made and the place of residence of either
party, every
contract of employment which is to be performed in Cameroon shall be governed by the provisions of this law.

(2) The above rule shall apply in case of partial performance in Cameroon of a contract
initially made under
other legislation. It shall not apply, however, to a worker who is sent on secondment for a period not exceeding
6 (six) months.

(3) Subject to the provisions of section 27, the existence of the contract may be recorded in
whatever manner
the contracting parties find convenient. Any form of evidence may be adduced in proof of its existence.

(4) Written contracts shall be exempted from all stamp and registration fees.

Section 25:

(1) A contract of employment may be concluded for a specified or unspecified duration.

(a) A contract of specified duration is a contract whose termination is fixed in advance by
both parties. It may
not concluded for a duration of more than (2) two years renewable once.
The following shall be considered contracts of employment of a specified but non-renewable period :
– a contract whose termination is subject to the occurence, which does not depend exclusively on the will of the
parties, of a future but certain event that is precisely indicated;
– a contract concluded for the execution of a specified task.
(b) A contract of an unspecified period is a contract whose termination is not fixed in advance
and may be
terminated at any time by the will of the worker or the employer, provided that the prior notice referred to in
Section 34 below is given.
(2) The contract of foreign workers shall be renewed only after endorsement by the minister in
charge of labour.

(3) Contracts of specified duration of Cameroonian workers shall be renewed only once with the
same company. At
the expiry of such renewal, if working relations continue, the contract shall be transformed into one of
unspecified duration.

(4) The above provisions shall not apply to workers recruited to carry out exclusively :

(a) a temporary job in replacement of an absent worker or one whose contract has been
suspended, or the
completion of a piece of work within a specific timelimit and requiring additional manpower.
(b) an occasional job aimed at coping with unexpected growth in the activities of the company
as a result of
certain economic conditions or entailing urgent works to prevent imminent accidents, organizing emergency
measures or repairing company equipment, facilities or buildings which are dangerous for the workers ;
(c) a seasonal job generated by the cyclical or climatic nature of company activities.
(5) The employment conditions of the workers referred to in preceding paragraph shall be laid
down by decree
issued after consultation with the National Labour Advisory Board.

Section 26:

(1) The workers referred to in Section 25 (4) above may be recruited by a
temporary job contractor.

(2) A temporary job contractor shall mean any individual or corporate body whose sole activity
consists in
temporarily providing users with workers whom they recruit and pay.

(3) The workers referred to in the preceding Subsection may be hired only for temporary jobs
and solely in the
cases laid down in Section 25 (4),

(4) The founding of a temporary job company shall be subject to the prior approval of the
minister in charge of
labour.

(5) The contract of employment between the temporary job contractor and a worker provided to a
user must be
written.

(6) Each worker placed at the disposal of a user must conclude a written temporary transfer
contract with the
temporary job contractor. The duration of such contract shall not exceed 1 (one) year with the same user.

(7) The conditions of implementation of this section shall be laid down by decree issued after
consultation with
the National Labour Advisory Board.

Section 27:

(1) Every contract of employment of specified duration exceeding three months, or requiring the
worker to live
away from his usual place of residence, shall be written. A copy of the contract shall be forwarded to the
Labour Inspector of the area.

(2) A contract of employment concerning a worker of foreign nationality must be endorsed by the
Minister in
charge of Labour previously to commencement thereof.

(3) The application of endorsement shall be made by the employer. Where such endorsement is
refused, the
contract shall be null and void.

(4) Where the Minister in charge of Labour fails to announce a decision within the two months
immediately
following reception of the application for endorsement, the contract shall be deemed to have been endorsed.

(5) The conditions of implementation of this section shall be laid down by decree issued after
consultation with
the National Labour Advisory Board.

Section 28:

(1) There shall be probationary hiring where, prior to signing a final contract, the employer
and the worker
agree to appraise in particular, the worker’s quality of services and his output, as concerns the employer and
as concerns the worker, the working, living, wage, safety and hygiene conditions as well as the climate under
the employer.

(2) Any probationary hiring must be stipulated in writing. Such hiring shall not be made for a
period exceeding
that required for trying out newly engaged personnel, taking into account the techniques and practices of the
trade or occupation. Under no circumstances shall probationary hiring exceed six months, including any renewal,
save in the case of managerial staff for whom the period may be extended to eight months.

(3) The time required for recruitment, travelling, training and probation shall not be included
in the maximum
duration of the trial period.

(4) The cost of repatriation of displaced workers shall be defrayed by the employer regardless
of the reason for
termination.

(5) Where the worker’s employment is maintained beyond expiry of a probationary hiring contract
and here no new
contract is made, the parties shall be deemed to have entered into a final contract taking effect from the
beginning of the trial period.

(6) An order of the Minister in charge of Labour issued after consultation with the National
Labour Advisory
Board shall fix the conditions of probationary hiring.

Section 29:

(1) The internal regulations shall be drawn up by the company head. They shall deal exclusively
with rules
relating to the technical organization of work, disciplinary standards and procedure, safety and hygiene at work
which are necessary for the proper functioning of the company.

(2) If any other regulations are included (in particular, regulations respecting remuneration)
they shall be
deemed to be null and void, subject to the provisions of Section 68 (4) of this law.

(3) Before enforcing the internal regulations, the company head shall be communicate them to
the staff
representatives (if any) for their opinion and for endorsement to the Labour Inspector of the area who may order
the deletion of or amendment to any provisions which may be repugnant to the laws and regulations.

(4) An order of the minister in charge of labour issued after consultation with the National
Labour Advisory
Board shall prescribe the procedure for communicating, registering and posting up the internal regulations as
well as the number of company workers above which the existence of such regulations shall be compulsory.

Section 30:

(1) Employers shall be prohibited from imposing fines.

(2) The only disciplinary penalty entailing loss of wages which an employer may inflict shall
be suspension from
work with loss of benefits.

(3) Suspension from work shall be null and void unless the following conditions have been met
simultaneously ;

(a) that it shall be for a maximum period of eight working days as from the time the penalty is
inflicted ;
(b) that the worker shall be notified in writing of the suspension and the reasons therefor.
(c) the the Labour Inspector of the area shall be informed of the suspension within forty-eight
hours.
Where the reasons for the suspension are found to be insufficient by the court, the worker against whom the
suspension was pronounced shall be paid a compensatory allowance corresponding to the lost wages, and where
applicable, damages, if he adduces proof that as a result of the suspension, he suffered further damages, in
addition to his lost wages.

Section 31:

(1) The worker shall devote all his gainful activity to the udertaking, save as otherwise
stipulated in the
contract : provided that he may, unless otherwise agreed, undertake outside his working hours any gainful
activity which is not liable to compete with the undertaking or prejudicial to the due performance of the agreed
services.

(2) However, it may be stipulated by agreement, between the parties that in the event of a
breach of contract,
the worker shall not engage, on his own account or on the account of another person, in any activity liable to
compete with the employer in either of the following cases ;

(a) If the contract is broken by the worker and the employer has defrayed the travel expenses
from the worker’s
place of residence to the place of work ;
(b) If the contract is broken in consequence of a serious offence committed by the worker.
(3) Any such prohibition shall not apply outside a radius of 50 kilometres from the worker’s
workplace and its
duration shall not exceed one year.

Section 32:

A contract of employment shall be suspended :

(a) if the establishment is closed by reason of the departure of the employer to undertake
military service for
any reason;
(b) during the worker’s military service or any period of recall for military service for any
reason ;
(c) during the worker’s absence in the case of illness duly certified by a medical practitioner
approved by the
employer or one belonging to a hospital establishment recognized by the State, for a period not exceeding six
months ; this period shall be extended until such time as the worker is replaced ;
(d) during the period of maternity leave provided for by Section 84;
(e) during any period of disciplinary suspension of the worker, decided in accordance with
Section 30 ;
(f) during any period of leave for worker’s education as defined in Section 91 ;
(g) during the period of unavailability following an industrial accident or occupational
disease ;
(h) by mutual consent, during the exercise of political or administrative duties following an
election or
appointment;
(i) during the period when the worker is under police custody or in preventive detention ;
(j) during the absence of a worker who has to follow his her spouse who has changed his her
usual place of
residence if such worker cannot be transferred. The duration shall be limited to two years, which may be renewed
by mutual agreement between the two parties.
(k) during a period of lay-off not exceeding six months. Lay-off shall mean the collective
interruption of all
or part of the work by the personnel of an undertaking due to accidents or force majeure or an unfavourable
economic situation.

Section 33:

(1) In each of the cases (a), (b) and (c)
referred to in Section 32 above, the employer shall be bound to pay to
the worker, if the contract is of unspecified duration, compensation equal either to the compensation in lieu of
notice when the period of absence is equal to or exceeds the period of notice, or to the remuneration to which
the worker would have been entitled during his absence when the period of absence is shorter than the notice
period provided for in Section 34.

(2) In the same cases, if the contract is of specified duration, the compensation shall be
granted within the
above limits, by reference to the notice provided for contracts of unspecified duration, the length of service
being deemed to run from the start of the contract in force. In such case, suspension may not have the effect of
extending the term of the contract initially provided for.

(3) In case of lay-off and in the absence of a collective agreement, the conditions for
compensation shall be
laid down by order of the Minister in charge of Labour, issued after consultation with the National Labour
Advisory Board.

Section 34:

(1) A contract of employment of unspecified duration may be terminated at any time at the will
of either party.
Such termination shall be subject to the condition that previous notice is given by the party taking the
initiative of terminating the contract. Notification of termination shall be made in writing to the other party
and shall set out the reason for the termination.

(2) The notice period shall start to run from the date of such notification. It shall not be
subject to any
condition precedent or condition subsequent. Under no circumstances may it be set off against the leave period
of the worker.

(3) An order of the Minister in charge of Labour, issued after consultation with the National
Labour Advisory
Board, shall prescribe the conditions for such notice and its duration, giving regard to the worker’s seniority
in the enterprise and the occupational group to which he belongs.

Section 35:

(1) During the period of notice, the employer and the worker shall be bound to respect all the
obligations which
each has assumed towards the other.

(2) For the purpose of seeking other employment, the worker shall, during the period of notice,
be allowed
during each week one day off (with full wages) which may be taken all at once or one hour at a time as he may
desire.

(3) Where the above obligations are not respected by one of the parties, no period of notice
shall be
enforceable on the other party. This provision shall be without prejudice to the right of the injured party to
claim damages.

Section 36:

(1) Whenever a contract of employment of unspecified duration is terminated without notice or
without the full
period of notice being observed, the responsible party shall pay to the other party compensation corresponding
to the remuneration including any bonuses and allowances which the worker would have received for the period of
notice not observed.

(2) Provided that a contract may be terminated without notice in cases of serious misconduct,
subject to the
findings of the competent court of law as regards the gravity of the misconduct.

Section 37:

(1) save in the case of serious misconduct, where a contract of employment of unspecified
duration is terminated
by the employer, the worker with no less than two successive years of seniority in the enterprise shall be
entitled to severance pay distinct from pay in-lieu-of notice which shall be determined giving regard to the
worker’s seniority.

(2) An order of the Minister in charge of Labour, issued after a recommendation by the National
Labour Advisory
Board, shall prescribe the conditions for granting and calculating the severance pay.

Section 38:

A contract of employment of specified duration may not be terminated prior to its expiry save in the case of
gross misconduct, force majeure, or by the written consent of both parties.

Section 39:

(1) Every wrongful termination of a contrat 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.

(2) The competent court may ascertain the wrongful nature of the termination by investigating
the causes and
circumstances thereof. The judgment must expressly mention the reason put forward by the party terminating the
contract.

(3) In all cases of dismissal, it shall be up to the employer to show that the grounds for
dismissal alleged by
him are well-founded.

(4) Damages shall be assessed with due regard to all factors indicating that prejudice has been
caused and all
factors determining the extent of such prejudice, and in particular, with due regard :

(a) Where the worker is responsible, to his qualification and post;
(b) Where the employer is responsible, for whatsoever the type of employment, the worker’s
seniority with the
employer, his age and any vested rights.
However, the damages shall not be less than three months’ salary or more than one month’s salary per year of
service in the enterprise.

(5) If the worker is rightfully dismissed by the employer without respecting the formalities
provided for, the
amount of damages shall not exceed one month’s salary.

(6) The salary to be taken into consideration in above paragraphs shall be the gross average
monthly salary of
the worker’s last twelve months of activity.

(7) These damages shall be distinct from pay in-lieu-of notice and severance pay.

Section 40:

(1) The provisions of Section 34 (1) above shall be applicable in the case of
dismissal on economic grounds.

(2) Dismissal on economic grounds shall mean any dismissal effected by the employer for one or
more reasons not
inherent in the person of the worker and resulting from an abolition or transformation of posts or an amendment
to the contract of employment consequent on economic difficulties, technological changes or internal
reorganization.

(3) To avoid dismissal on economic grounds, the employer who envisages such dismissal shall
convene the staff
representatives, where available, to seek with them and in the presence of the Labour Inspector of the area,
other possibilities such as : reduction of working hours, shift work, part-time work, lay-off, review of various
allowances and benefits and even wage cuts.

(4) At the end of negotiations which shall not last more than 30 clear days, and if an
agreement is reached, a
statement shall be signed by both parties and the Labour Inspector explaining the measures adopted and their
periods of validity.

(5) Where a worker states in writing that he does not accept the measures referred to in the
above paragraph, he
shall be dismissed with pay in-lieu-of notice and severance pay, where he meets the conditions for enjoyment
thereof.

(6)

(a) Where the parties fail to reach an agreement after the negotiations provided for above, or
where
notwithstanding the measures envisaged certain dismissals are still necessary, the employer must determine an
order of dismissals taking into consideration professional proficiency, seniority in the undertaking and the
family responsibilities of workers. In any case, the order of dismissals must give precedence to professional
proficiency.
(b) To obtain the opinions and suggestions of the staff representatives, the employers shall
send them the list
of workers he intends the dismiss, explaining the criteria used.
(c) The staff representatives shall be bound to forward their written reply to the employer
within no more than
eight clear days.
(d) The employer’s notification and the reply from the staff representatives shall immediately
be sent to the
Labour Inspector of the area for arbitration.
(7) Staff representatives may be dismissed only if their posts have been abolished and with the
consent of the
Labour Inspector of the area.

(8) In case of a dispute regarding the type or order of dismissals, the onus of proof shall
rest with the
employer.

(9) A dismissed worker shall have prior claim, with equal professional proficiency, to
employment in the same
establishment for a period of two years.

(10) An order of the Minister in charge of Labour issued after consultation with the National
Labour Advisory
Board shall determine the terms and conditions of enforcement of the present section.

Section 41:

In the event of termination of the contract subject to the provisions of Section 27 (2) the
employer shall be
required to so notify the authority which endorsed the contract within 15 days.

Section 42:

(1)

(a) In the event of any change in the legal statuts of the employers, in particular through
succession, sale,
amalgamation, financial reorganization, or transformation into a partnership or company, all contracts of
employment in force on the date of the change shall subsist between the new organization and the personnel of
the undertaking. They shall be terminable only in the manner and subject to the conditions laid down in this
Part.
(b) The provisions of the above paragraph shall not be applicable :
– where the enterprise is changing its activities ;
– where the workers express before the Labour Inspector of the area, their desire to be laid off with payment of
their benefits, prior to such change.
(c) The closure of the undertaking other than in cases of “force majeure” shall not absolve the
employer from
his obligation to observe the rules laid down in this part. Neither bankruptcy nor liquidation by court order
shall be deemed to be a case of “force majeure”.
(2) The contract of employment, may, while still in force, be amended on the initiative of
either party.

(a) Where the amendment suggested by the employer is substantial and is rejected by the worker,
the termination
of the contract that may result therefrom shall be the responsibility of the employer. Such termination shall be
wrongful only where it is not justified by the interest of the undertaking.
(b) Where the amendment suggested by the worker is substantial and is rejected by the employer,
the contract may
be terminated only following the resignation of the worker.

Section 43:

Unless otherwise agreed, the provisions of Sections 34 to 42 shall not apply to probationary hiring contracts
which shall be terminable without notice and without either party having a claim to compensation.

Section 44:

(1) On the expiry of the contract of employment, regardless of the reason for its termination,
the employer
shall serve to the worker at the time of his departure a certificate stating only the dates of his arrival and
departure and the types and dates of the various posts he has held.

(2) The said certificate shall be exempt from stamp duties and registration fees, even if it
contains the phrase
“free of all engagements” or other phrase not constituting a bond or a receipt.

Section 45:

A contract of apprenticeship is a contract whereby the head of an industrial, commercial or agricultural
establishment of a craftsman undertakes to give or cause to be given to another person complete and systematic
training and whereby the later under takes in return to obey the instructions which he receives and to perform
the tasks assigned to him for the purpose of his apprenticeship.

Section 46:

Any such contract which is not made in writing shall be null and void. Such contract shall be exempt from all
stamp duties and registration fees.

Section 47:

The conditions as to form and substance, the effect of the contract, the circumstances and consequences of
termination and the measures of ensuring performance shall be specified by a decree issued after consultation
with the National Labour Advisory Board.

Section 48:

A subcontractor shall be a person who enters into a written contract with a contractor to carry out a specified
piece of work or supply specified services for an agreement price. The subcontractor shall himself recruit the
necessary workers.

Section 49:

(1) Where the work is carried out in the workshops or other business premises of the
contractor, he shall, where
the subcontractor becomes insolvent, assume the subcontractor’s obligations towards the workers.

(2) Where the work is carried out a place other than the workshop or other business premises of
the contractors,
he shall, if the subcontractor becomes insolvent, be reponsible for payment of the workers’ wages.

(3) An aggrieved worker shall, in the above case, have the right to institute direct action
against the
contractor.

(4) However, the provisions of Sub-sections (1), (2) and
(3) above shall not apply where the subcontractor is
registered in the trade register and holds a valid business licence.

Section 50:

(1) The subcontractor shall, in a notice permanently displayed in all the workshops or other
business premises
where work is being carried out, indicate that he is a subcontractor and give his full name and address, the
name and address of the contractor who entrusted him with the work and the working hours.

(2) The display of such notice shall be compulsory even if the work is carried out in the
workshops or other
business premises of the contractor.

Section 51:

A contractor shall keep an up-to-date list of the subcontractors with whom he has signed contracts.

Section 52:

(1) A collective agreement is an agreement intented to regulate labour relations between
employers and workers
either of an enterprise or group of enterprises or of one or more branches of activity. This agreement shall be
concluded between :

– The representatives of one or more trade unions or a federation of trade unions on the one hand ; and
– The representatives of one or more employers’ associations or any other group of employers or one or more
employers acting individually on the other hand.
(2) A collective agreement may contain more favourable to workers than those of the law and
regulations in
force. It shall not impair provisions relating to matters of public policy.

(3) Each collective agreement shall define its scope of application which may be national,
interdivisional or
local.

(4) The text of every collective agreement shall be published free of charge in the Official
Gazette by the
minister in-charge of employment as soon as he has been notified that it has been deposited at the registry of
the competent court.

(5) Before such publication, the minister in charge of employment may invite the contracting
parties to amend or
delete any provisions of the said text which may be repugnant to existing laws and regulations.

Section 53:

(1) At the request of one of the most representative trade-unions or employers’ associations or
on the
initiative of the minister in-charge of employment, the provisions of a collective agreement which complies with
conditions laid down by regulations may, by a decree issued after the National Labour Advisory Board has given
its reasoned opinion, be rendered compulsory for all employers and workers within the industrial and territorial
coverage of the said agreement.

(2) Such extension of the rights and obligations provided under a collective agreement shall
apply for the
period and on the conditions laid down in the said agreement.

(3) However, the extension decree may, after the National Labour Advisory Board has given its
reasoned opinion
and without altering the general effect of the agreement, exclude from such extension any clauses which are not
in keeping with the conditions of the particular branch of activity in the scope of the agreement concerned.

Section 54:

(1) The extension decree shall cease to have effect when the collective agreement of which it
refers is no
longer enforceable between the parties as a result of its termination.

(2) At the requests of one of the signatory parties or on the initiative of the minister
in-charge of
employment, such decrees may, after the National Labour Advisory Board has given its reason opinion, be revoked
so as to terminate the extension of the collective agreement or any of its provisions whenever it appears that
the agreement or the provision in question is no longer in keeping with the conditions of the branch of activity
in the territorial coverage concerned.

Section 55:

In case of the absence or inadequate organisation of trade-unions or employers’ associations resulting in the
continuing impossibility to conclude a collective agreement in a given branch of activity or for a given
occupation a decree issued after consultation with the National Labour Advisory Board may either regulate
working conditions and determine the classification of occupations and the minimum wage for that branch or
occupation or render wholly or partly applicable to it, the provisions of a collective agreement in force in a
branch of activity within the same economic sector.

Section 56:

(1) Every decree to provide for or revoke the extension of a collective agreement shall be
preceded by
consultation with trade-unions and employers associations and with all persons concerned who shall present their
observations within 30 (thirty) days.

(2) The terms and conditions of such consultation shall be laid down by a decree issued the
opinion of the
National Labour Advisory Board.

Section 57:

(1) Agreements concerning one or more specified establishment may be made between an employer
or group of
employers on the one hand, and representatives of the trade-unions which are most representative of the
personnel of the establishment(s) concerned on the other hand.

(2) The object of company agreement shall be to adapt the provisions of collective agreements
to the particular
conditions of the establishment(s) under consideration, especially the conditions of award and
methods of
calculation of the incentive wage, individual or group production bonuses and productivity bonuses.

(3) Company agreements may include new provisions and clauses which are favorable to the
workers.

(4) In the absence of a collective agreement, a company agreement may deal only with wages and
subsidiary
allowances.

Section 58:

Where the workers in any public or semipublic enterprise or establishment are not subject to any special laws or
regulations, collective agreements may be concluded in their regard in accordance with the provisions of this
chapter.

Section 59:

Wherever a collective agreement is extended by decree, the said agreement shall apply to the public and
semi-public enterprises or establishments referred to in Section 58 above which, by reason of their nature and
activity, fall within the scope of the agreement.

Section 60:

Rules as to form and substance regarding the conclusion and performance of the collective agreements and company
agreements shall be laid down by decree issued after consultation with the National Labour Advisory Board.

Section 61:

(1) In this law, “wages” means remuneration or earnings, however designated or calculated,
capable of being
evaluated in terms of money and fixed by mutual agreement or by the provisions or regulations or collective
agreements which are payable by virtue of a contract or employment by an employer to a worker for work done or
to be done or for services rendered or to be rendered.

(2) For the same type of work and level of proficiency, workers shall be entitled to the same
remuneration,
irrespective of their origin, sex, age, status and religion, subject to the provisions of this section.

(3) Apart from the cases provided for by the regulations or collective agreement in force and
except where there
is agreement between the parties concerned, no wage shall be paid to a worker in case of absence.

Section 62:

(1) A decree issued after consultation with the National Labour Advisory Board shall determine
the guaranteed
minimum industrial and commercial wage.

(2) Occupational categories and wages applicable to such categories shall be determined through
negotiation
within the framework of the collective agreements or company agreements provided for in Part III of this law.

Section 63:

The rates of remuneration for piecework shall be so calculated that it provided a worker of average capacity,
working normally, with a wage at least equal to that of the worker engaged in similar work and paid by unit of
time.

Section 64:

The minimum wage rates and the conditions of remuneration for piecework shall be posted up in the places where
workers are paid.

Section 65:

(1) When the remuneration of a worker’s services consists in whole or in part of commissions or
sundry bonuses
and allowances or compensation in lieu of such allowances, such remuneration, in so far as it does not
constitute a refund of expenses, shall be taken into a account in calculating remuneration during paid holidays,
pay in-lieu-of notice and damages.

(2) The amount to be taken into consideration for this purpose shall be the monthly average of
the items
referred to in sub-section 1 above.

(3) The period in respect of which the calculation is made shall not exceed the twelve months
of service
preceding the cessation of work.

Section 66:

(1) An employer shall be bound to provide housing for any worker he has transferred in order to
perform a
contract of employment necessitating the installation of such worker outside his normal place of residence. Such
accommodation shall be adequate and correspond to the family status of the worker, and shall satisfy the
conditions to be determined by order of the minister in charge of Labour issued after consultation with the
National Labour Advisory Board.

(2) If no housing is provided, the employer shall be bound to pay the worker concerned a
housing allowance. The
minimum rate and methods of payment shall be fixed by the above-mentioned order.

(3) The employer shall be bound to ensure a regular supply of foodstuffs for any worker and his
family to whom
he provided accommodation where such a worker cannot produce such foodstuffs himself. Such supply of foodstuffs
shall be subject to payment at a value to be determined by the order referred to above.

(4) The facilities provided for in this section shall not be claimable when wages are not due,
except as may be
provided in the regulations in force, or stipulated by mutual agreement between the parties cocerned.

Section 67:

Apart from the facilities provided for in Section 66 above, wages shall be payable in legal tender and any other
method of payment shall be unlawful. Any stipulation to the contrary shall be null and void.

Section 68:

(1) Save in the case of trades and occupations where the established custom is to provided for
a different
frequency of payment, which trades and occupations shall be specified by an order of the minister in charge of
labour issued after consultation with the National Labour Advisory Board, wages shall be paid at regular
intervals not exceeding one month.

However, workers may, at their request, receive at the end of fifteen days a payment on account equal to half
the monthly amount of their basic remuneration and in such case the balance due to them shall be settled at the
time of the following payment.

(2) Monthly payments shall be made not later than eight days following the end of the month of
employment in
respect of which the wages are dues.

(3) Upon the termination of the contract of employment, a final settlement of all wages and
allowances shall be
effected as soon as the employment ceases.

However, in disputed cases the employer may obtain authorization form the President of the competent court to
retain provisionally all or part or any attachable portion of the amount payable.

(4) Workers absent on pay day shall be entitled to draw their wages during the normal hours of
opening of the
pay office in accordance with the the internal regulations of the enterprise.

(5) Wages shall be paid on working days only at or near the work-place. Wages may not be paid
in a public house
or in a shop or store except in the case of workers who are normally employed there.

Section 69:

(1) Payment of wages shall be evidenced by a document made out or certified by the employer or
his
representative and initialled by each worker or by by two witnesses if the worker can neither read not write
English or French . These documents shall be preserved by the employer in the same manner as accounting
documents and shall be made available, upon demand, to Inspectorate of Labour.

(2) The employer shall, at the time of payment, give the worker an individual pay voucher in
the form prescribed
by order of the minister in charge of labour issued after consultation with the National Labour Advisory Board.

(3) The fact that a worker has signed and entry of the words “in full settlement” or any
similar expression
either during the performance of his contract of employment or after termination whereby he purports the waive
all or part of his rights under the contract of employment shall not be admitted as evidence of satisfaction.

(4) Acceptance of the pay voucher by the worker without protest or reservation shall not be
considered as a
remuneration by him of payment of all or any part of any wages, allowances or supplementary payments which are
due him by virtue of laws, regulations, agreements or contractual provisions. Such acceptance shall not suspend
the barring of an action of recovery as laid down in Section 74, nor shall it prevent review of the worker’s
wage account.

Section 70:

(1) Up to the limit of the percentage of wages not liable to attachment as provided for by the
laws and
regulations in force wage claims shall be preferred claims having priority over all other general or special or
preferential claims.

(2) The priority of claims shall extend to compensation due for breach of contract and to the
damages referred
to in Section 39.

Section 71:

Special laws affording direct action or special preferential claims to certain categories of workers shall apply
to wage claims.

Section 72:

In the event of liquidation or bankruptcy, the sums withheld by the Treasury, after cessation of payments, from
payment warrants due to the employer shall be paid into the assets.

Section 73:

(1) In the same event, a worker housed in accommodation provided by the employer before
commencement of
liquidation or bankruptcy proceedings shall be entitled to it under Section 66.

(2) Such a worker shall be granted legal aid, without other conditions, as regards any
application for an
attachment order which he may think fit to make to the competent court.

Section 74:

(1) Action for the recovery of wages shall be barred by limitation after three years. As
regards limitation, any
compensation due for breach of contract of employment shall be deemed to be wages.

(2) Limitation shall start to run from the date on which wages fall due. It shall cease to run
either in case of
a written claim by the worker to the Inspector of Labour concerning payment of wages or in case of making up of
account, private acknowledgment of debt, authentic deed of acknowledgement of debt or unexpired summons.

Section 75:

(1) Apart from compulsory levies, reimbursement of the value of any facilities provided in
conformity with the
provisions of Section 66 (3) and any deposits which may be stipulated in collective agreements
or individual
contracts, no deductions from wages shall be permissible save in the following circumstances :

(a) Where there is a court order of attachment;
(b) in application of the provisions of Section 21 of this law ;
(c) by voluntary assignment to which the worker has subscribed in person and notified for
verification to the
Inspector of Labour of his place of residence in the case of repayment of cash advances made by the employer to
the worker, and before the president of the competent court in other cases ;
(d) where a friendly society providing for payment of contributions by the workers has been
instituted within
the framework of the laws and regulations in force.
(2) Payment on account in relation to work in progress shall not be considered as advances.

(3) Any stipulation in a collective agreement or individual contract authorizing other levies
shall be null and
void.

(4) Any sum withheld from a worker in violation of the above provisions shall bear interest
payable to him at
the statutory rate from the date at which it should have been paid and may be claimed by him until the right is
barred by limitation ; effluxion of the limitation period shall be suspended during currency of the contract of
employment.

Section 76:

(1) A decree issued after consultation with the National Labour advisory Board shall determine
the portions of
wages which may be liable to progressive levies and the rates of such levies. Deductions made under the
preceding section shall determine the portions of wages which may be liable to progressive levies and the rates
of such levies. Deductions made under the preceding section shall not exceed, at each wage payment, the
percentage established by this decree.

(2) In the calculation of deductions, regard shall be had not only to the wages proper but also
to all payments
supplementary thereto, excepting the allowances specified as unattachable by the rules and regulations in force,
sums payable by way of reimbursement of expenses incurred by the worker and any benefits due under the social
insurance legislation or regulations issued thereunder.

Section 77:

It shall be unlawfull for employers to restrict in any way a worker’s freedom to dispose of his wages as he
thinks fit.

Section 78:

(1) The term “company store” means any arrangement whereby an employers directly or undirectly
sells or supplied
goods the workers in his employment for their normal personal requirements.

(2) A company store shall be permitted to operate provided that the following four conditions
are met;

(a) the workers are free to obtain their supplies there or not.
(b) the goods are sold for immediate cash payment and without profit;
(c) the accounts of the company store or stores are kept entirely separate and are subject to
inspection by a
supervisory committee elected by the workers ; and
(d) neither alcohol nor spirituous liquors are offered for sale.

Section 79:

(1) The opening of a company store as provided for in Section 78 shall be subject to a
declaration lodged with
the local Inspector of Labour.

(2) The operation of any company store shall be subject to inspection by the Inspector of
Labour who may, on
discovery of any abuse, order the closing of the store for a period not exceeding one month.

In the event of a second offence, the store shall be permanently closed by order of the minister in charge of
labour on the proposal of the local Inspector of Labour.

Section 80:

(1) Statutory hours of work in all public and private non-agricultural establishments may not
exceed forty hours
per week.

(2) In all agricultural and allied undertakings, the hours of work shall be based on a total of
two thousand
four hundred hours per year, within the maximum limits of forty-eight hours per week.

(3) The above provisions shall apply to all workers, irrespective of age and sex and
irrespective of the mode of
payment.

(4) Decrees issued after consultation with the National Labour Advisory Board shall determine
the circumstances
under which exemptions from compliance with the statutory hours of work are authorized, as well as the
conditions governing the performance and remuneration of overtime giving rise to extra pay.

Section 81:

Any work done between ten p.m. and six a.m. shall be considered as night work.

Section 82:

(1) the rest period for women and children shall be not less than 12 (twelve) consecutive
hours.

(2) Night work in industries shall be prohibited for women and children.

(3) This prohibition shall not apply to :

(a) women with executive duties ;
(b) women working in services not involving manual labour.
(4) The procedure for implementing this section shall determined by order of the minister in
charge of labour,
issued after consultation with the National Labour Advisory Board.

Section 83:

An order by the Minister in charge of labour, issued after consultation with the National Commission on
Industrial Hygiene and safety provided for under Section 120, shall specify the types of tasks which women and
pregnant women respectively shall not perform.

Section 84:

(1) Any pregnant woman whose pregnancy has been medically certified may terminate her contract
of employment
without notice and without being obliged on that account to pay the compensation provided for in Section 36
above. During such period, the employer shall not terminate the employment contract of the woman concerned
because of the pregnancy.

(2) Every pregnant woman shall be entitled to 14 (fourteen) weeks of maternity leave starting 4
(four) weeks
before the due date of confinement. Such leave may be extended by 6 (six) weeks in case of a dully certified
illness resulting either from the pregnancy or confinement. During such leave, the employer shall not terminate
the employment contract of the woman in question.

(3) Where the confinement occurs before the due date, the rest period shall be extended so that
the worker
receives the full 14 (fourteen) weeks of leave to which she is entitled.

(4) Where the confinement occurs after the due date, leave taken before may be extended to the
date of
confinement without such extension leading to the reduction of the postnatal leave.

(5) Apart from the various benefits provided for by legislation in matter of social and family
welfare, the
woman shall be entitled, during the maternity leave, to a daily allowance, payable by the National Social
Insurance Fund and equal to the amount of the wages, actually received at the time of suspension of the
employment contract ; she shall retain the right to benefits in kind.

Section 85:

(1) For a period of 15 (fifteen) months following the birth of the child the mother shall be
entitled to nursing
breaks.

(2) The total duration of the breaks shall not exceed 1 (one) hour per working day.

(3) During the said period, the mother may terminate her contract of employment without notice
under the
conditions laid down under Section 84 (1) above.

Section 86:

(1) No child shall employed in an enterprise even as an apprentice before the age of 14
(fourteen) years, except
as otherwise authorized by order of the minister in charge of labour, taking account of local conditions and the
jobs which the children may be asked to do.

(2) An order of the minister in charge of labour shall determine the conditions for the hiring,
employment and
supervision of the employment of young persons on board ship, provided :

(a) that a young person under 18 (eighteen) years of age may in no case be employed on board
ship as a trimmer
or stocker, and
(b) that when children and young persons under 18 (eighteen) years of age are to be embarked on
ships other than
those on which only members of the same family are employed, they shall be medically examined to ascertain their
fitness for work on board ship and a medical certificate shall be made out attesting fitness for such work and
signed by an approved medical practitioner.
(3) An order of the minister in charge of labour shall specify the types of work and categories
of enterprises
in which young people shall not be employed, and the age-limit to which the prohibition shall apply.

(4) The orders referred to in the above sub-sections shall be issued after consultation with
the National
Commission on Industrial Hygiene and Safety.

Section 87:

(1) The Inspector of Labour of the area may order women and children to be examined by an
approved medical
practitioner in order to ascertain that the work allotted to them in not beyond their strength. Such order shall
be automatic if requested by the woman or child.

(2) A woman or child shall not be kept on any job which has been so found to be beyond their
strength and shall
be transferred to more suitable work. If this is impossible, the contract shall be terminated without notice and
without either party being responsible.

Section 88:

Weekly rest shall be compulsory. It shall consist of at least 24 (twenty-four) consecutive hours each week. Such
rest shall fall as a rule on Sundays and may under no circumstances be replaced by a compensatory allowance.

(2) An order by the minister in charge of labour, issued after consultation with the National
Labour Advisory
Board, shall prescribe the procedure for applying the preceding sub-section.

Section 89:

(1) In the absence of more favourable in the collective agreement or individual employment
contract, paid leave
at the employer’s expense shall accrue to the worker at the rate of one and a half working days for each month
of actual service.

(2) Any period equivalent to 4 (four) weeks or 24 (twenty-four) days of work shall be deemed to
be 1 (one) month
of effective service.

(3) For the calculation of leave, periods of effective service shall be :

(a) Periods of unavailability due to industrial accident or occupational disease;
(b) Absences, not exceeding 6 (six) months, stemming from illness duly certified as provided
for under Section
32 above :
(c) Maternity leave provided for under Section 84 above;
(d) Lay-offs as provided for under Section 32 above.
(4) A maximum of 10 (ten) days per year of paid special leave of absence, not deductible from
annual leave,
shall be granted to workers on the occasion of family events directly concerning their own home. A decree issued
after consultation with the National Labour Advisory Board shall determine the procedure for implementing this
sub-section.

Section 90:

(1) For young persons under 18 (eighteen) years of age, leave shall accrue at the rate of two
and a half days
instead of one and a half days per months of service.

(2) For mothers, the leave shall be increased by either 2 (two) working days for each child
under 6 (six) years
of age on the date of the departure on leave who is officially registered and lives in the home, or 1 (one) day
only if the mother’s accrued leave does not exceed 6 (six) days.

(3) The leave shall be increased depending on the workers length of service in the enterprise
by 2 (two) working
days for each full period whether continuous or not of 5 (five) years of service. For mothers, this increase
shall be additional to the one provided for under the sub-section above.

(4) Leave which exceeds 12 (twelve) working days may be split up by mutual consent of the
parties. In this case,
on of the portions of leave must be at last 12 (twelve) continuous working days.

Section 91:

(1) Unpaid leave, whose duration shall not be deducted from the annual paid leave, may be
granted, at his
request, to a worker or apprentice who wishes to attend a course exclusively devoted to workers’ education or
trade union training and organized either by a centre attached to a worker’s trade union organization recognized
as representative at the national level or by an organization, institution or agency specially approved to this
effect by the Minister in charge of Labour.

(2) The duration of the said leave which may be split up shall be agreed upon by both parties.
The leave, which
shall not exceed 18 (eighteen) working days, shall be deemed to be a period of actual service for the
calculation of the worker’s paid leave, family allowances and length of service in the enterprise.

Section 92:

(1) Leave shall have accrued after a period of actual service of 1 (one) year.

(2) Provided that collective agreement or individual contracts providing for leave longer than
that determined
by section 89 may stipulate that the leave shall have accrued after a longer period of actual service, but such
period may not exceed 2 (two) years.

(3) Entitlement to leave shall be barred by limitation 3 (three) years after the day on which
employment is
terminated.

(4) If the contract is terminated or expires before the worker has exercised his right to
leave, he shall
receive compensation in lieu thereof, based on the entitlement which has accrued under Section 89 and 90 above.

(5) Since leave is granted to the worker so that he may be able to rest, payment of
compensation in lieu of
leave shall be prohibited in all other cases.

Section 93:

The employer shall pay the worker, not later than the last day preceding the date of departure on leave, an
allowance which shall be determined in a manner laid down by decree, issued after consultation with the National
Labour Advisory Board.

Section 94:

(1) Where, because, of the employer, performance of the employment contract requires or has
required a worker to
move from his usual residence, the employer shall be responsible for the travelling expenses of the worker, his
spouse and minor children normally residing with him, as well as for the transport of their luggage.

(2) Travel and transport expenses are allowances in kind and shall therefore be provided only
in case of actual
travel by the worker and his family.

(3) The conditions of implementing the above provisions shall be determined by decree issued
after consultation
with the National Labour Advisory Board.

(4) A worker who has terminated his service and is waiting for the means of transport selected
by the employer
in order to return to his usual residence shall retain the right to benefits in kind and shall receive from the
employer an retain the right to benefits in kind and shall receive from the employer an allowance equal to the
remuneration which he would have received, had he continued to work.

(5) Entitlement to travel and transport expenses shall be barred by limitation 3 (three) years
after the day on
which employment is terminated.

Section 95:

(1) Hygiene and safety conditions at the workplace shall be determined by orders of the
Minister in charge of
labour, issued after consultation with the National Commission on Industrial Hygiene and Safety.

(2) The said orders, while taking local conditions and contingencies into account, shall aim at
securing for the
workers standards of hygiene and safety conforming with those recommended by the international Labour
Organization and other Internationally recognized technical bodies.

(3) They shall specify the cases and circumstances in which Labour Inspectors or the
occupational Health Doctors
shall have recourse to the procedure of serving formal notice on the employer. However, where there is an
impending threat to the health and safety of workers, the Labour Inspector or the occupational Health Doctor
shall order immediately enforceable measures to be taken.

Section 96:

(1) Where working conditions endangering the safety or health of the workers but not covered by
orders referred
to in Section 95 are found to exist, the Labour Inspector or the occupational Heath Doctor shall request the
employer to remedy the situation. If the employer objects, the dispute shall be referred to the National
Commission on Industrial Hygiene and Safety which shall give a ruling.

(2) In all cases, the Labour Inspector or the Occupational Health Doctor shall report to the
said Commission on
working conditions which are deemed to be dangerous, in order that appropriate regulations may, if necessary, be
prepared.

Section 97:

(1) It shall be forbidden to bring alcoholic beverages to the workplace and to consume them
within the
establishment during working hours.

(2) Consumption of such beverages within the establishment may be authorized only during normal
break periods
and exclusively within the canteens and recfectories placed at the disposal of workers by the employer.

(3) The employer shall supply water and non-alcoholic beverages at the workplace and during
working hours. Such
beverages shall be controlled occasionally by the Labour Inspector or the Occupational Health Doctor.

(4) The procedure for implementing the above measures shall be determined, where necessary, by
orders of the
minister in charge of labour, issued after consultation with the National Commission for Industrial Hygiene and
Safety.

Section 98:

(1) Every enterprise and establishment of any kind, public or private, lay or religious,
civilian or military,
including those where persons are employed in connection with work in the professions and those belonging to
trade unions or professional associations, shall provide medical and health services for their employees.

(2) The functions of such services shall be to supervise conditions in respect of hygiene in
the establishment,
the risks of contagion and the state of health of the workers, and of their spouses and children if housed by
the employer as well as to take the appropriate preventive measures and provide the necessary medical care in
accordance with the provisions of this chapter.

(3) The conditions under which workers and their families may benefits from health coverage
shall be laid down
by order of the minister in charge of labour, issued after consultation with the National Commission for
Industrial Hygiene and Safety.

Section 99:

(1) The medical and health service shall be under the responsibility of medical doctors who
shall be recruited
preferably from among practitioners holding diplomas in industrial medicine and who shall be assisted by
qualified paramedical personnel.

(2) All persons so employed shall have been previously approved by a decision of the minister
in charge of
labour issued after consultation with the Minister of Public Health, in case of paramedical personnel,
consultation with the medical association, in case of doctors. Approval requirements shall be fixed by joint
order of the minister in charge of labour and the minister in charge of public health.

(3) According to the size and nature of the establishment, its location and the medical
infrastructure
available, the medical and health service shall be organized :

(a) Either in the form of a separate service within the establishment concerned, or in the form
of a joint
service for several establishments ;
(b) Or on the basis of an agreement made with a public or private hospital.
(4) The procedure for the setting up, organization and functioning of medical and health
services as well as the
number and the qualifications of the medical and paramedical personnel to be employed in each establishment,
having regard to local conditions and to the number of workers and of workers’ dependents, shall be determined
by order of the Minister in charge of Labour issued after consultation with the National Commission for
Industrial Hygiene and Safety.

Section 100:

(1) Without prejudice to the special measures taken for purposes of hygiene and for the
prevention of certain
occupational diseases or the protection of certain categories of workers, all workers shall undergo a medical
examination prior to engagement.

(2) Workers shall also be subject to medical supervision throughout their career.

(3) Orders by the Minister in charge of Labour issued after consultation with the National
Commission for
Industrial health and Safety shall determine the procedure regarding the medical examinations to be performed
before and after engagement.

Section 101:

(1) Where a worker or workers’ spouse(s) or child (children) housed by the
employer under the conditions
stipulated in Article 66 above falls ill, the employer shall provide medical care and the necessary medicaments
and accessories, within the pecuniary limits determined by order of the Minister in charge of Labour issued
after consultation with the National Commission for Industrial Hygiene and Safety.

(2) The employer shall also be required to provide board for every sick worker detained in the
infirmary at his
establishment.

Section 102:

(1) The employer shall arrange for the removal to the nearest medical unit of any sick or
injured person fit to
be moved who cannot be treated with the facilities at the employer’s disposal.

(2) If the employer has not suitable transport immediately available for the above purpose, he
shall without
loss of time the head of the nearest administrative unit, who shall cause the patient to be removed by transport
at his disposal.

(3) Where the sick or injured persons are not fit be moved, the administrative authority
notified by the
employer shall arrange for medical care to be provided on the spot.

(4) All costs incurred by the Administration in this connection shall be repaid by the employer
at the official
rates.

Section 103:

An order of the minister in charge of labour, issued after consultation with the National Commission for
Industrial Hygiene and Safety, shall determine the circumstances in which employers are required to set up
medical services, and to provide these with medicaments and accessories.

Section 104:

(1) The Labour and Social Insurance Administration comprises all services responsible for
matters relating to
the condition of workers, labour relations employment, manpower, movements, vocational guidance and training,
placement, the protection of wokers’ health as well as social insurance problems.

(2) A decree shall determine the organization and functioning of such services.

Section 105:

(1) By “Labour and Social Insurance Inspector”, referred to in this law as a “Labour
Inspector”, we mean any
civil servant of the labour administration corps placed at the head of a labour and social insurance
inspectorate or his delegate.

(2) Labour Inspectors shall be civil servants enjoying job security virtue of their status and
conditions of
service.

(3) In order that their independence may be ensured, the said inspectors shall have no interest
whatsoever in
the enterprises under their supervision.

Section 106:

(1) The Labour Inspectors shall swear to carry out their duties well and faithfully and not to
reveal, even
after leaving the service, any manufacturing secrets or other processes with which they may have become
acquainted in the course of their duties.

(2) The oath shall be taken once only before the court of appeal of the area of their first
posting.

(3) Every violation of the oath shall be subject to penalties.

(4) The Labour Inspectors shall treat as absolutely confidential the source of any complaint
bringing to their
notice a defect in the installation or a breach of legal and statutory provisions and shall give no intimation
to the employer or his representative that a particular inspection was made in consequence of a complaint.

Section 107:

(1) Labour Inspectors who are heads of Inspectorates shall have the initiative with respect to
their tours of
inspection and inquiries within the framework of labour legislation and regulations in force.

(2) They shall have permanently at their disposal the human and material resources necessary
for performance of
their duties.

Section 108:

(1) Labour Inspectors with the proper credentials shall be empowered :

– to enter any establishment liable to inspection, freely and without warning at any time of the day or night,
for the purpose of inspection ;
– to enter for the purpose of inspection any infirmary of an establishment or any canteen, sanitary installation
or any facility supplying workers with water.
– to carry out any examination, control or inquiry which they consider necessary to ascertain that the laws
regulations in force are strictly complied with and, in particular:
– to interrogate, alone or in the present of witnesses, the employer or the staff of the enterprise on any
matters concerning the application of the laws and regulations in force ;
– to ask for any books, registers and documents the keeping of which is prescribed by laws or regulations
relating to conditions of employment, in order to ensure that they conform with the laws and regulations in
force and to copy such documents or make extracts from them;
– to enforce the posting of notices where this is required by the laws and regulations in force ;
– to take and carry away for purposes of analysis samples of materials and substances used or handled, subject
to the employer or his representative being notified of any samples taken and carried away for such purpose.
(2) Labour Inspectors shall notify the employer or his representative of any inspection visit
unless they
consider that such notification may be prejudicial to the effectiveness of the inspection.

Section 109:

(1) Labour Inspectors may record in official reports having the force of prima facie evidence,
any infringement
of labour laws and regulations.

They shall be empowered to take direct legal action before the competent court against any persons infringing
the provisions of this law and its implementation instruments ;

(2) The terms and conditions under which Labour Inspectors shall exercise their powers of
control shall, as and
when necessary, be laid down by regulations.

Section 110:

(1) In military establishments employing civilian labour, the powers and responsibilities of
inspectors
concerning the monitoring of the application of labour laws and regulations may be conferred upon officials or
officers specially appointed for that purpose whenever the interests of national defence preclude the admittance
of personnel not belonging the the establishments concerned.

(2) Such appointments shall be made by the President of the Republic on the joint proposal of
the minister in
charge of defence and the minister in charge of labour.

(3) In any case, persons exercising such monitoring functions shall immediately inform the
local labour
inspector of any action taken by them.

Section 111:

For execution of the duties entrusted to the Labour Medical Inspectorate, the medical inspectors of labour shall
have the same obligations rights and prerogatives as those conferred on Labour Inspectors by Section 106, 107,
108 and 109 of this law.

Section 112:

(1) Placement shall come under the jurisdiction of the minister in charge of labour.

(2) Placement operations shall be carried out free of charge for workers either by :

(a) government services or bodies ;
(b) offices or agencies opened by trade unions, employers’ associations or private bodies.
(3) The opening of the offices or agencies referred to in Sub-section 2(b)
above shall be subject to the prior
approval of the minister in charge of labour.

(4) A decree issued after consultation with the National Labour Advisory Board shall determine
the conditions
for the implementation of this section.

Section 113:

In order to ensure full employment of national labour force, decrees issued after consultation with the National
Labour Advisory Board shall limit the employment of workers of foreign nationality in certain occupations or at
certain levels of professional qualifications.

Section 114:

(1) Every person who opens or re-opens an enterprise or establishment of any king shall submit
a declaration
thereof to the local labour inspectorate. The same rule shall apply in case of charge or discontinuance of
business or transfer.

(2) An order of the minister in charge of Labour issued after consultation with the National
Labour Advisory
Board shall lay down the conditions under which such declarations shall be made.

Section 115:

Every employer, whether public or private and irrespective of the nature of this activity, shall furnish the
local labour inspectorate and the services in charge of employment with detailed information concerning the
situation of the manpower employed by him. Such information shall be in the form of a declaration, the frequency
and conditions of submission of which shall be determined by order of the minister in charge of labour issued
after consultation with the National Labour Advisory Board.

Section 116:

(1) The employer shall maintain at the workplace and keep constantly up to date a register
called the
“employer’s register” which shall record such information as will enable the labour and social insurance
services to exercise control over the minister in charge of labour.

(2) An order issued after consultation with the National Labour Advisory Board shall determine
the form of the
register, the information which it must contain and the manner in which it shall be kept at the disposal of
control officials.

(3) The said order shall also prescribe the conditions under which certain enterprises or
categories of
enterprises may be exempted from keeping an employers’ register.

Section 117:

(1) A National Labour Advisory Board, hereinafter referred to as the “Board”, shall be
established under the
ministry in charge of labour.

(2) Its functions shall be :

(a) to examine matters relating to working conditions, employment, vocational guidance and
training, placement,
manpower movements, migration, improvement of the material conditions of workers, social insurance, trade unions
and employers’ associations ;
(b) to make the recommendations and proposals relating to laws and regulations to be made in
the above areas,
where such recommendations are provided for by this law.

Section 118:

(1) There shall be established within the National Labour Advisory Board and Standing Committee
to which the
Board may delegate powers to make any recommendations and proposals and examine and study all matters falling
within its province.

(2) Ad-hoc committees may, as and when necessary, be formed within the board.

Section 119:

(1) The National Labour Advisory Board shall be presided over by the minister in charge of
labour or his
representative. It shall comprise :

(a) one substantive member and one alternate member representing the National Assembly;
(b) one substantive member and one alternate member representing the Economic and Social
Council;
(c) one substantive member and one alternate member representing the Supreme Court ;
(d) an equal number of substantive and alternate representative of workers and employers
appointed by an order
of the minister in charge of labour on the proposal of the most representative workers’ and employers’
organizations ;
(e) Where appropriate, experts and techniciens sitting in an advisory capacity and appointed by
an order of the
minister in charge of labour in the light of the agenda of each session.
(2) The organization and functioning of the National Labour Advisory Board as well as of its
Standing and Ad-hoc
Committees shall be determined by regulations.

Section 120:

(1) A National Commission on Industrial Health and Safety shall be set up under the ministry in
charge of
labour.

(2) It shall be charged with the study of problems related to industrial medicine and the
hygiene and safety of
workers. In this capacity, it shall be responsible for;

(a) making suggestions and recommendations concerning laws and regulations to be made in the
above fields ;
(b) making recommendations for the benefit of employers and workers, insurance bodies and
various ministries
concerning the protection of the health of workers;
(c) making proposals concerning the approval of dangerous machinery and manufacturing processes
likely to
endanger the health of workers ;
(d) carrying out or participating in any work of a scientific nature falling within its sphere
of activity.

Section 121:

(1) The National Commission on Industrial Health and Safety shall be presided over by the
minister in charge of
labour or his representative. It shall comprise technicians or experts of unquestionable competence in the
fields of industrial medicine and industrial hygiene and safety. Representatives of workers and employers shall
be represented in equal number within the National Commission.

(2) The National Commission may seek the assistance of experts whenever it deems this
necessary.

(3) The organization and functioning of the National Commission shall be determined by
regulations.

Section 122:

(1) Staff representatives shall be elected in any establishment located within the national
territory,
employing, on a regular basis, at least twenty workers governed by this law, irrespective of the nature of the
establishment or of the employer, be he public or private, lay or religious, civilian or military.

(2) Where the head of the establishment has the status of worker he shall be part of the labour
force to be
considered for election.

(3) Staff representatives shall be elected for a two-year term of office. They shall be
eligible for
re-election.

Section 123:

(1) With the exception of the head of the establishment, workers of either sex who are eighteen
years old and
have worked for not less than six months in the enterprise shall qualify as electors.

(2) Electors, who are aged twenty years, can express themselves in English and French and have
worked
continuously in the enterprise for not less than twelve months shall be eligible for election.

(3) The head of the establishment, his spouse, ascendants as well as his relatives of the same
degree shall not
be eligible for election.

Section 124:

(1) Save in exceptional circumstances or unless otherwise provided for by agreement, the head
of an
establishment shall be bound to allow staff representatives a period of time of not more than 15 (fifteen) hours
per month to perform their duties.

Such time shall be considered and paid for as working time. It shall be used only for the performance of duties
that pertain to the office of staff representative such as are defined by the laws and regulations in force.

Where the time is not used, it may neither be carried forward to the following month nor be paid for.

Section 125:

An order of the minister in charge of labour issued after consultation with the National Advisory Board shall
determine :

(a) the number of staff representatives to be elected and their division into electoral
colleges ;
(b) the procedure of election which shall be by secret ballot;
(c) the form of the report on the election which the employer shall be bound to submit to the
Labour Inspector
of the area.
(d) the conditions under which the staff representatives shall be received by their employer or
his
representative as well as the facilities to be made available to them;
(e) the conditions whereby a staff representative may be removed by the electoral college that
elected him.

Section 126:

(1) Objections regarding electors, eligibility of staff representatives or the regularity of
elections shall be
dealt with by the Court of First Instance of the area which shall give a ruling without delay.

(2) To be admissible, an objection must be lodged within 3 (three) days following publication
of the electoral
lists if it relates to electors or to eligibility, within the 15 (fifteen) days following the announcement of
the results of the election if it relates to the regularity thereof.

Section 127:

Each staff representative shall have a substitute elected in like manner who shall replace him when he is absent
for any valid reason, or in the event of his death, resignation, removal, change of occupational category
resulting in a change of electoral college, termination of contract of employment or loss of the qualifications
for eligibility.

Section 128:

The functions of the staff representatives shall be :

(a) to refer to the employers any individual or collective demands in respect of conditions of
employment,
workers’ protection, the application of collective agreements, classification of occupations and wage rates
which have not been directly acceeded to ;
(b) to refer to the Labour Inspectorate any complaint or claim in respect of the application of
the laws and
regulations which the said inspectorate is responsible for enforcing;
(c) to ensure that the rules relating to the hygiene and safety of workers and to social
insurance are observed,
and to recommend any necessary action in these matters ;
(d) to submit to the employer any useful suggestions for improving the organization and output
of the
enterprise.

Section 129:

Notwithstanding the above provisions, the workers shall be entitled to submit their grievances and suggestions
personally to the employer.

Section 130:

(1) An employer or his representative proposing to terminate the appointment of a staff
representative, whether
permanent of substitute, shall be bound to seek and obtain the prior authorization of the local Labour
Inspector.

(2) The Labour Inspector shall, after hearing both parties, ensure that the propose
determination is not
motivated by acts carried out by the staff representative while performing his duties.

(3) Any dismissal made in violation of the foregoing provisions shall be null and void.

(4) However, in cases of serious misconduct, the employer may temporarily suspend the staff
representative,
pending the decision of the Labour Inspector. If the authorization is not granted, the staff representative
shall be reinstated with full pay for the period of the suspension.

(5) The Labour Inspector shall make his decision known within a time limit of 1 (one) month,
after which the
authorization shall be taken for granted unless the Labour Inspector has notified the employer that an
additional month is necessary for him to complete his enquiry.

(6) The above provisions shall apply to :

(a) staff representatives who have been proposed for transfer elsewhere, thus making it
impossible for them to
perform their duties in their original establishment, unless the persons concerned have given their consent
before the local Labour Inspector ;
(b) former staff representatives for a period of 6 (six) months flowing the expiry of their
term of office ;
(c) candidates for the office of Staff Representative for a period of 6 (six) months following
the date of
filing of nomination papers.
(7) Notwithstanding the authorization of the Labour Inspector to dismiss a Staff
Representative, such Staff
Representative reserves the right to bring the matter before the competent court in accordance with the
procedure laid down in Section 139 of this law.

Section 131:

Any individual dispute arising from a contract of employment between workers and their employers or from a
contract of apprenticeship shall fall within the jurisdiction of the court dealing with the labour disputes in
accordance with the legislation on judicial organization.

Section 132:

The competent court shall, in pinciple, be that of the place of employment ; provided that a worker who no
longer resides at the place where he was performing a contract of employment or before that of this place of
residence, on condition that both courts are situated in Cameroon.

Section 133:

(1) The court dealing with labour disputes shall be composed of:

(a) a president who shall be a judicial officer ;
(b) an employer assessor and a worker assessor chosen from the lists drawn up in accordance
with Section 134
below;
(c) a registrar.
(2) The president shall designate the assessors who are to sit for each case.

(3) Where one or both of assessors duly summoned to attend fail to do so, the president shall
summon them again.
In the event where one or both of the assessors still fail to attend, the president shall sit alone.

(4) In the case referred to in the foregoing subsection, the judgment shall make mention of the
duly justified
absence of one or both of the assessors.

(5) Except in a case of force majeure, any assessor who is absent three times during his term
of office shall be
relieved of his duties. Another assessor designated from the list drawn up for the sector of activity concerned
shall replace him for the remaining period of his term office.

Section 134:

(1) The assessors shall be appointed by order of the Minister of Justice on the proposal of the
minister in
charge of labour. They shall be chosen from. lists containing not less than three names for each post to be
rilled submitted by the most representative trade unions or employer’s associations. If these fail to act or if
there are not such organizations, the minister in charge of labour shall directly make his proposal.

(2) The assessors shall be appointed for a term of two judicial years and may be re-appointed,
provided that the
assessors in office shall continue to act until the new appointments have been made.

(3) If necessary, the list of assessors may be completed during the judicial year in the same
manner as that
prescribed in Subsection 1. The term of office of the assessors so designated shall expire at the same time as
that of the assessors appointed on the basis of biennial lists.

Section 135:

(1) The conditions required for appointment as an assessor shall be those required of the
leaders or management
of a trade union or employers’ association as set out in Section 10 of this law, including the following
additional conditions :

(a) an assessor must have performed professional duties for at least 3 (three) years excluding
apprenticeship;
(b) he must have performed such duties in a area of jurisdiction of the court for at least the
last 3 (three)
months; and
(c) he must be able to read and write English or French.
(2) An assessor who is convicted of any of the offences defined in Section 10 of this law, or
who is deprived of
his civic rights, shall automatically forfeit his office as assessor.

Section 136:

Assessors shall take the following oath before the court in which they are to serve.

“I swear to discharge my duties with zeal and integrity and to keep the secrecy of the proceedings”.

Section 137:

(1) The functions of assessor shall be a civic and social duty. They shall be performed free of
charge.

(2) However, travel and subsistence costs incurred and the amount of wages and allowances lost
as a result of
their attendance at the courts shall be reimbursable to assessors.

(3) The amount of and conditions of granting such allowances shall be determined by a joint
order of the
Minister of Justice and the Minister in charge of Labour.

Section 138:

(1) The proceedings for the settlement of individual disputes relating to employment, both in
first instance and
on appeal, shall be free of charge.

(2) Any decisions and documents produced shall be registered duty-free and all procedural costs
shall be treated
on the same footing as costs in criminal proceedings in respect of their payment, charging, settlement and
collection.

Section 139:

(1) Any worker or employer shall request the competent Labour Inspector to settle the dispute
out of court.

(2) Rules relating to summons and appearance before the court shall be determined by order
following the
recommendation of the National Labour Advisory Board.

(3) In the case of an amicable settlement, the terms there of shall be embodied in a statement
of conciliation
made out by the Labour Inspector and signed by him and by the parties. Such settlement of the dispute shall be
applicable when the statement of conciliation has been endorsed by the president of the competent court and
marked for enforcement.

(4) In cases of partial conciliation, the statement of non conciliation shall mention the
points on which
agreement has been reached and those on which disagreement persists.

(5) If the attempt at conciliation fails, the inspector of labour and social insurance or his
representative
shall make out a statement of non-conciliation.

(6) In all cases referred to above, a copy of the statement signed by the Labour Inspector and
by the parties
shall be addressed to the president of the competent court, and handed to the parties.

Section 140:

(1) In cases of total or partial failure of the attempt at conciliation to which reference is
made in the
preceding section, the action shall be instituted by an oral or written declaration made to the registrar of the
competent court by the most diligent party.

(2) In order to be receivable, the said declaration shall be accompanied by a copy of statement
of
non-conciliation or of partial conciliation.

(3) The said declaration shall be entered in a register kept specially for the purpose, and a
certificate of the
entry shall be delivered to the party instituting the action.

Section 141:

(1) Within two days (not including Sundays and holidays) of receipt of the petition, the
president shall summon
the parties to appear within twelve days (to which travelling time shall be added in appropriate cases).

(2) The summons shall state the name and occupation of the plaintiff, the subject matter of
petition, and the
place, date and hour for appearance.

(3) The summons shall be served on the person or delivered at his home in accordance with the
provisions of
ordinary law. Service may be validly effected by registered letter with acknowledgement of receipt.

Section l42 : (1) The parties shall appear before the court at the appointed place, date and
hour. They may be
accompanied or represented as in the case of proceedings before an ordinary court of law either by a worker or
an employer engaged in the same branch of activity or by a representative of the trade union or employers’
association to which the party belongs.

More over, an employer may be represented by a manager or employee of the undertaking or establishment.

(2) Save in the case of counsel, any such authorized representative shall be appointed by
written document.

Section 143:

(1) If the plaintiff fails to appear on the day fixed for the hearing and fails to show a cause
of force
majeure, the case shall be struck off the rolls. It may be resumed once only, with the same formalities as for
the initial petition otherwise it shall be void. If, after an adjournment, he fails to appear, the same shall
apply.

(2) If the defendant does not appear but or is not properly represented, the court shall, after
examining the
case, pronounce a default judgment.

(3) If the defendant does not appear but has presented his defence in a written memorandum, the
case shall be
decided by a judgment which shall be deemed to have been given after a hearing of both parties.

(4) Any defendant who has appeared in the proceedings shall not thereafter be found to be in
default. Any
judgment given against him shall be deemed to have been given after a hearing of both parties.

(5) Whatever the case, the judgment shall be notified in accordance with the rules prescribed
in Section 151
hereunder so that the period allowed for lodging an appeal may begin to run.

Section 144:

(1) An objection may be made concerning an assessor of the court :

(a) If he has a personal interest in the matter in dispute ;
(b) If he is related by blood or marriage up to the sixth degree, to one of the parties ;
(c) If there have been penal or civil proceedings between the assessor and one of the parties
or the spouse or
relative by marriage in the direct line of the parties ;
(d) If the assessor has expressed an opinion in writing or orally on the matter in dispute ;
(e) If the assessor is the employer or employee of one of the parties to the case.
(2) The objection shall be made before any oral proceedings commence. The president shall give
a ruling
immediately. If the objection is overruled, the oral proceedings shall begin ; if the objection is upheld, the
case shall be adjourned to the next hearing.

Section 145:

(1) The court shall proceed immediately with the examination of the case. If the parties so
agree or if the
president so decides, the case may be adjourned for not more than fifteen days. The court may also order giving
reasons, an inquiry, an inspection of premises or other procedure for procuring information.

(2) On the resident and the registrar, the court may immediately deliberate in private. Unless
there is a
postponement for further deliberation, which shall be limited to a maximum of eight days, the judgment shall be
handed down immediately and shall contain reasons.

(3) The record of judgment shall be signed by the president and the registrar.

Section 146:

The judgment may provisionally order immediate execution, notwithstanding any motion for a stay of execution of
any appeal, with exemption from surety up to a sum to be fixed by a statutory instrument. In respect of amounts
in excess, provisional execution may be ordered on condition that surety is furnished; but it may be ordered
without such condition, and in any amount, nothwithstanding a motion for stay or an appeal, in the case of wages
and perquisites recognized as due and not in dispute.

Section 147:

All orders and judgments and all official copies of contracts and any other documents in respect of which
execution may be ordered shall be marked with the executory formula and healed as follows :

“Republic Cameroon” “In the name of the people of Cameroon” and shall close with the following words :

“Therefore the president of the Republic of Cameroon commands and orders all bailiffs and process-servers by
these presents to give effect order (or judgment, etc.) and all procureurs general, state counsels and all
members of the judicial and Legal Service and civil servants charged with taking action on behalf ; of the
Republic to lend their aid when so required by law”.

“In faith whereof the present order (or judgment, etc.) has been signed by the president and the registrar”.

Section 148:

Orders and judgments shall be executed, if the parties so request, by baliffs and process-servers.

Section 149:

A worker shall be entitled as of right to the assistance of the court in the execution of judgment or order in
his favour. The president shall designate a baliff who shall assist the worker in this regard.

Section 150:

A third party claiming to be owner of all or part of the property distrained may, before the sale, submit his
claim to the president of the court either orally or in writing. Where the evidence produced and the arguments
put forward so warrant, the president shall suspend the sale of the articles and effects claimed and shall then
summon the parties within eight days. After hearing the parties, the president shall make an order for against
the appropriation of the property distrained.

Section 151:

(1) In the case of judgment by default, service on the defaulting party shall by the registrar
of the court
without charge, in the manner prescribed in Section 141 above.

(2) If within ten days of service (plus time allowed for distance) the defaulting party has not
moved for a stay
of execution in the manner prescribed in Section 140 above the judgment shall become enforceable. On a motion
for a stay of execution the court shall summon the parties again in the manner prescribed in Section 141 ; the
new judgment shall be enforceable notwithstanding default.

Section 152:

Except with regard to the labour jurisdiction of the court, the judgments of courts in matters shall be final
and without appeal if they relate to applications for delivery of certificates of employment or pay slips.

Section 153:

The courts passing judgments on labour matters shall deal with all counter-claims or applications for set-off
which by their nature fall within their jurisdiction.

Section 154:

(1) Within 15 days of the handing down of the judgment in the case of a full hearing, or of its
notification in
the case of judgement by default or deemed to have head full hearing, an appeal may be lodged in the manner
prescribed in Section 140 above.

(2) The appeal shall be transmitted, within eight days of the declaration of the intention to
appeal, to the
registrar of the competent court of appeal.

(3) The appeal shall be determined within two months of the said declaration of intention to
appeal, on the
basis of the documents produced, provided that the parties may be heard at their request, in which case they may
be represented in accordance with the rules laid down in Section 142 above. The parties shall be informed by the
registrar, at the address given by the parties, of the date of the hearing, the name of the respondent and the
judgement being appeal.

(4) The court shall give a ruling on the character of the appeal. In the case of an improper or
dilatory appeal,
the appellant may be sentenced to a fine of less than 20,000 and not more than 100,000 francs
(5) The court
shall designate a bailiff at whose instance the execution shall be carried out.

Section 155:

(1) A court may, in the interest of justice and at the request of one of the parties, extend
the time-limit
provided for in this section for reasons which shall be stipulated in the judgment.

(2) No extension pursuant to the provisions of the present section shall exceed thirty days.

Section 156:

(1) In all procedural matters not covered by this chapter, ordinary law provisions shall be
applicable only on
the absence of specific provisions laid down in this law.

(2) The conditions of implementation of this chapter, in particular, as concerns the form of
the registers,
shall be laid down by statutory instruments.

Section 157:

(1) Any dispute which is characterized by :

(a) The intervention of a group of wage-earning workers, whether or not the said workers are
organized in trade
unions, and

(b) The collective nature of the interests at stake shall be deemed to be a collective labour
dispute and shall
therefore lie outside the jurisdiction of the courts to which reference is made in Section 131 above.

(2) Settlement of any collective labour dispute shall be subject to conciliation and
arbitration procedure as
provided for in a Sections 158 and 164 hereunder.

(3) Shall be deemed legitimate any strike or lock-out started after these arbitration
procedures have been
exhausted and have failed.

(4) A strike shall be collective or concerted refusal by all or part of the workers of an
establishment to
comply with the normal labour rules, in order to bring the employer to meet their demands or claims.

(5) A lock-out shall be the locking of an establishment by the employer in order to bring
pressure to bear on
workers on strike or threatening to go in strike.

Section 158:

(1) The competent Inspector of Labour and Social Insurance shall be immediately notified by the
most diligent
party of collective dispute.

(2) Where the collective agreement does not provide for a conciliation procedure or in case of
failure of such
procedure, the competent Inspector of Labour Insurance shall immediately convene the parties and attempt to
bring about an amical settlement.

(3) Either of the parties may empower representative to take part in the conciliation
proceedings on its behalf.
If a party does no appear and has not duly appointed a representative, the Inspector of Labour and Social
Insurance shall make a report to that effect, and the defaulting party may, on the basis of the said report, be
sentenced to a fine of not less than 50,000 and not more than 500,000 francs.

(4) The Inspector of Labour and Social Insurance shall convene the parties to meet again not
more than
forty-eight hours thereafter.

Section 159:

(1) At the end of the attempt at conciliation the Inspector of Labour and Social Insurance
shall made a report
stating either the agreement or partial or the total disagreement of the parties. The latter shall sign the
statement and shall each receive a copy thereof.

(2) Any agreement by conciliation shall be enforceable as laid down in Section 139.

Section 160:

If the attempt at conciliation fails, the Inspector of Labour and Social Insurance shall be bound to refer the
dispute to the arbitration procedure defined herein-after, within eight (8) clear days.

Section 161:

(1) The arbitration of any collective labour dispute which has not been settled by conciliation
shall be
undertaken by an arbitration board established in the area of each appeal court and composed as follows :

(a) Chairman : A judicial officer of the competent court of appeal
(b) Members :
(i) An employer assessor;
(ii) A worker assessor.
(2) The two assessors shall be designated by the chairman of the arbitration board from among
assessors
appointed to the high court of the area.

(3) A registrar of the court of appeal shall act are secretary.

Section 162:

(1) The arbitration board shall not make and award on any matter except those set down in the
statement of
non-conciliation and those which have arisen out of events subsequent to the making of the said statement and
are a direct consequence of the dispute.

(2) The board shall give its award in law in disputes regarding the interpretation and
application of laws,
regulations, collective agreements and company agreements currently in force.

(3) It shall give its award in equity in other disputes, particularly those relating to wages
or to conditions
of employment if the latter are not determined by legislative provisions, regulations, collective agreements or
company agreements currently in force, and in disputes relating to the negotiations or revision of clauses or
collective agreements.

(4) The arbitration board shall have the wide powers to obtain information on the economic
situation of the
undertakings and on the situation of the workers concerned in the dispute.

(5) It may make any necessary investigations of undertakings and trade unions and employers’
associations and it
may require the parties to produce any document or to provide any information, whether economic, accounting,
financial, statistical or administrative, which may be useful to it in the performance of its duties.

(6) It may have recourse to experts and, in general, to any person duly qualified and likely to
be able to
inform it.

Section 163:

(1) An arbitration award shall be notified to the parties without delay by the competent
inspector of labour and
social insurance.

(2) If, at the expiration of a period of eight clear days after notification, neither party has
applied for a
stay of execution, the award become effective in accordance with the provisions of Section 164 hereunder. The
same shall apply if an application for stay, having been made, is withdrawn before the expiration of the said
period.

(3) An application for stay of execution shall be valid only if it is made by registered
letter, with
acknowledgement of receipt, sent to the Inspector of Labour and Social Insurance of the area.

Section 164:

(1) The putting in to effect of a conciliation agreement or of an award in respect of which no
stay of execution
has been allowed shall be mandatory. If such agreement or award does not specify a date in this regard, it shall
have effect as from the date of the attempt at conciliation.

(2) A trade union or employer’s association duly established in conformity with this law may
institute any
proceeding arising out of a conciliation agreement or arbitration award in respect of which no application has
been made for a stay of execution.

(3) Conciliation agreements and arbitration awards shall be immediately posted up in the
offices of the
inspectorate of labour and social insurance and published in the Official Gazette.

(4) The minutes of agreements and of awards shall be deposited at the registry of the high
court of the place of
the dispute.

(5) The conciliation and arbitration procedures shall be free of charge.

Section 165:

(1) A lock-out or strike undertaken in contravention of the above provisions may have the
following consequences
:

(a) In case of a lock-out, the employer may :
(i) be required to pay workers’ wages for the days so lost;
(ii) Be declared, for a period of not less than two years, ineligible for membership of a chamber of commerce
and prohibited from participating in any way whatsoever in any works enterprise or in any supplies contract
involving the state or a local council. Such ineligibility shall be pronounced by an ordinary law court on the
application of the minister in charge of labour and social insurance.
(b) In case of a strike, the workers may :
(i) see their contracts terminated on grounds of serious misconduct;
(ii) be punished with fine of from 20,000 to 100,000 CFA francs.

Section 166:

Any person responsible for the administration or management of a trade union, and any person committing and
infringement of the provisions of Section 3, 6, 10, 16 and 19 shall be punished with fine of from 50,000 to
500,000 francs.

Section 167:

(1) Any person committing an infringement of Sections 29, 30 (1), 40, 41, 44,
50 (1), 51, 62, 64, 86,87 (2), 88,
89, 90, 92, 93, 97, 98 (1), 99, 100, 101, 112 (2) and (3),
114 (1), 115 and 116 ;

(2) Any person making false statements concerning the rules of a trade union or of an
employers’ association or
the names and offices of the persons responsible for the administration or management of such trade union or
association ;

(3) Any person falsely claiming to be responsible for the administration or management of a
trade union ;

(4) Any person committing an infringement of the of the decree provided for in Section 62
(1); and

(5) Any person committing an infringement of the provisions of collective agreements which have
been the subject
of a decree of extension, in matters of wages, bonuses, allowances or any other benefits in cash,

shall be punished with fine of from 100,000 to 1,000,000 francs.

Section 168:

(1) Any person committing an infringement of Sections 26, 27 (2), 67, 68, 75
(1), 82 and 84 (1), (2), (5), and
(4);

(2) Any person who commits, against a worker belonging to a trade union, an act of
discrimination tending to
affect freedom of association as regards employment ;

(3) Any person who engages in any of the practices referred to in Section 4
(2);

(4) Any person interfering with the proper performance of the duties of staff representatives ;

(5) Any person who forces a worker to take up employment against his will or who prevents a
worker from taking
up employment, going to work or discharging, in a general manner, any obligations imposed by his contract;

(6) Any person who, by using a fictitious contract or one which contains untrue statements,
obtains employment
or intentionally takes the place of another worker, and,

(7) Any employer, employer’s agent or official in charge who knowingly enters in the employer’s
register or
other document false statements concerning the duration of a worker’s employment or he character of his work,
and any worker who knowingly makes use of such false statement; and

(8) Any person who demands or accepts from a worker any remuneration whatsoever for acting as
an intermediary in
the settlement or payment of wages ; allowances or costs of any kind, or for obtaining an employment or for
settling an individual dispute respecting employment whatever the matter at issue,

shall be punished with fine of from 200,000 to 1,500,000 francs.

Section 169:

(1) Any person who obstructs the performance of the duties or the exercise of the powers of the
Inspectors of
Labour and Social Insurance on the medical inspectors labour and social insurance shall be punished with a fine
of from 1,000,000 francs to 2,000,000 francs.

Section 170:

(1) In case of a repetition of infringement of the provisions of Sections 26, 27
(2), 30 (1), 67, 68, 75 (1),
82, 84 (2), (3) and (4), 86, 88, 89, 90, 92, 93, 98
(1) as well as of the provisions of Sections 167 (3), 168
(2), (3), (4). (5), (6),
(7), (8), and 169, a penalty of imprisonment of from 6 days to 6 months may
also be
required.

(2) Where the person concerned is a second offender or whenever the person committing the
infringements referred
to in Section 168 (8) is one of the persons responsible for the administration and a management
of trade union
or belongs to the Ministry of Labour and Social Insurance, the penalty of imprisonment shall be mandatory.

Section 171:

The provisions of the Penal Code shall apply to :

(1) persons guilty of acts of resistance, abuse and force against inspectors of labour and
social insurance and
medical inspectors of labour and social insurance ;

(2) persons committing infringements of the provisions of Section 2 (3); and

(3) persons impersonating inspectors of labour and social insurance and medical inspectors of
labour and social
insurance.

Section 172:

The fines provided for in Sections 167, 168, 169 and 170 in respect of infringements of the provisions of
Sections 29, 40, 62, 67, 68, 82, 86, 87, 88, 97 and 100 above shall be multiplied by the number of workers
affected by the publishable offence.

Section 173:

The head of an enterprise shall bear civil liability for the conviction of his agent or official in charge.

Section 174:

In matters where no special provisions have been stipulated, enterprises benefiting from the Industrial Free
Zone regime shall be bound to apply the provisions of this law and its implementation instruments

Section 175:

Vocational training, vocational rehabilitation and employment of handicapped persons shall be governed by laws.

Section 176:

(1) All previous provisions repugnant to this law are repealed, in particular law N 74/14 of 27
November 1974 to
institute the Cameroon Labour Code and Law N 68/LF/20 of 18 November 1968 prescribing the form in which trade
unions and employer’s associations must be set up in order to qualify for registration.

(2) Regulations drawn up pursuant to afore-mentioned law N° 74/14 of 27th November, 1974, or
those applicable to
the said law but not repugnant to this law shall remain in force until repealed or replaced.

Section 177:

This law shall be registered, published according to the procedure of urgency and inserted in the Official
Gazette in English and French.

Yaounde,

14 AUGUST 1992