Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre la terminación de la relación de trabajo, 1982 (núm. 158) - Camerún (Ratificación : 1988)

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Observación

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The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), received on 20 September 2021. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Exclusions. The Committee notes the information provided by the Government in reply to its previous comments.

Articles 4 and 11. Valid reason for termination of employment. Period of notice. The Government indicates that the conditions of employment of public servants are defined in Decree No. 94/199 of 7 October 1994 issuing the General Public Service Regulations, which govern termination of employment on grounds of irreversible physical incapacity incompatible with the post occupied, unsatisfactory performance in terms of results and their evaluation, and termination based on special regulations providing for the reorganization of services and the elimination of posts, without the possibility of staff redeployment (Decree No. 94/199, section 119(a) and (b)). Moreover, section 121 governs the dismissal procedure further to misconduct by a public servant. However, the Committee notes that Decree No. 94/199 does not contain any provisions relating to the public employer’s obligation to notify the official in writing of the reason for termination, or any provisions specifying invalid grounds for termination (Articles 4 and 5 of the Convention). With regard to the private sector, the Committee notes the observations of the UGTC referring to an increase in the number of unfair dismissals in the wood sector, in sport (particularly at the Cameroonian Football Federation (FECAFOOT) and in domestic work. The Government indicates that domestic workers in Cameroon are governed by Decree No. 68/DF/253 of 10 July 1968, as amended by Decree No. 76/162 of 22 April 1976. The Committee notes that Decree No. 76/162 does not contain any provisions relating to the employer’s obligation to inform a domestic worker of the grounds for the termination of employment. The Committee nevertheless welcomes the Government’s indication that it has launched the process of revising the regulations governing domestic workers and that a draft decree is being finalized with the aim of further incorporate the provisions of the Convention. With respect to workers in the informal economy, the Committee refers the Government to its comments relating to the Employment Policy Convention, 1964 (No. 122). With regard to the period of notice of termination, the Government indicates that the notice period provided for in sections 34 ff of the Labour Code is clearly defined in terms of duration and conditions of eligibility through the provisions of Order No. 10/MTPS/DT of 19 April 1976. However, the Committee notes that the Order of 1976 was repealed by Order No. 15/MTPS/DT of 26 May 1993 determining the conditions and duration of the notice period, taking account of the category and seniority of the worker concerned. On the basis of this Order, employers and labour inspectors implement a reasonable period of notice of termination. The Committee also notes that, in cases of violations, labour inspectors send compliance notices to the employers concerned and, on the basis of section 4 of the above-mentioned Order, the competent court imposes the penalties provided for in section R 370, subparagraph 12 of the Penal Code. In light of the observations of the General Union of Workers of Cameroon (UGTC), the Committee once again requests the Government to provide detailed, up-to-date information on the manner in which it is ensured that all the workers covered by the Convention receive a reasonable period of notice, including a written notification of the reason for termination of employment, in accordance with Articles 4 and 11 of the Convention. The Committee also requests the Government to provide information on the revision of the regulations governing domestic workers and to send a copy of the decree once it has been adopted.

Articles 7 and 8. Procedure prior to or at the time of termination. Appeal procedure. The Government indicates that in practice section 34 of the Labour Code is enforced systematically through labour inspectors during inspections and even in the follow-up to labour disputes giving rise to attempts at conciliation. The Government indicates that nearly 4,500 inspections were carried out in 2020 by labour inspectors in enterprises. It adds that the inspection reports provide sufficient information on cases of termination of employment and the handling thereof. With regard to the termination procedure subject to authorization by the labour inspector, the Government indicates that this exclusively concerns staff delegates, whose function is protected by section 130 of the Labour Code. The Committee notes the Government’s indication that the most recurrent findings, further to inspections and re-inspections, have related to non-observance by employers of the labour laws and regulations, particularly non-payment or irregular payment of wages, non-observance of clauses in contracts between parties which duly deal with the right to reclassification, to promotion and other benefits arising from the employment contract, the non-payment of social contributions, and the non-observance of health and safety measures in workplaces. The Committee also notes, with respect to labour disputes, that a total of 9,546 conciliation procedures were conducted by labour inspectors in 2019, of which less than 25 per cent resulted in non-conciliation reports leading to referral to the judicial authorities. The Committee requests the Government to continue providing information on the number and type of violations recorded by the labour inspection authorities. The Committee also requests the Government to send copies of relevant court decisions giving effect to Articles 7 and 8 of the Convention.

Article 12(3). Definition of serious misconduct. Severance allowance and other income protection. The Government indicates that, in practice and following the texts in force, establishing misconduct is essentially a task for the judge. The Government adds that it is from this perspective that section 36(2) of the Labour Code stipulates that it shall be the competent court which assesses the seriousness of the misconduct in all cases of termination and it is for the employer to supply proof of the legitimacy of the alleged reason for termination (section 39(3) of the Labour Code). The Committee notes the examples of case law in this field provided by the Government. The Committee requests the Government to continue providing examples of case law relevant to the application of the Convention, and also information on the role of collective agreements in granting a severance allowance and other income protection to the worker concerned.

Articles 13 and 14. Consultation of workers’ representatives. Terminations of employment for economic, technological, structural or similar reasons. With regard to the consultation of representatives, the Government indicates that recourse to terminations of employment for economic reasons still involves in practice the participation of labour inspectors, who have competence for enforcing the provisions of section 40 of the Labour Code and those of Order No. 21/MTPS/SG/CJ of 26 May 1993establishing procedures for termination for economic reasons, section 3(1) of which provides in particular that the employer must send the staff delegates a list of the workers that he proposes to dismiss and that the delegates are required to send their replies to the employer within eight days. The Government adds that a tripartite consultation framework, involving the employer and staff delegates backed by the competent labour inspector, is generally put in place to accompany the termination process in question, in accordance with the relevant rules in this field. With regard to termination, the UGTC reiterates its previous observations concerning the dismissal of 14,000 workers, which was announced during the COVID-19 pandemic by the Employers’ Association of Cameroon (GICAM), without consultation with the UGTC or the Government. The Government indicates that the labour inspectors handled the requests for termination on economic grounds or for temporary lay-offs on a case-by-case basis in enterprises. Some requests were clearly refused on grounds of violation of the procedure. In this regard, the Committee notes that the GICAM, in its Bulletin No. 80 of November 2020, reported on the negative impact of the pandemic on Cameroonian enterprises and on employment, particularly with regard to the temporary laying off of some 54,000 workers and the dismissal of some 14,000 persons. It also notes the observations of the UGTC indicating that the Government has not yet responded to the issues arising from these terminations, particularly as regards support measures for the dismissed workers. The Committee requests the Government to send detailed information on the consultations held with staff delegates and labour inspectors, particularly in the context of temporary lay-offs and terminations of workers’ employment on economic grounds during the COVID-19 pandemic. The Committee also requests the Government to include in its next report statistics on the activities of the labour inspectorate and the courts with regard to terminations of employment, particularly the number of requests for termination examined by the labour inspectorate in relation to collective dismissals. The Committee also requests the Government to provide information on support given to dismissed workers and on the steps taken to mitigate the effects of terminations on economic or similar grounds, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166).

Application of the Convention in practice. COVID-19 pandemic.The Committee requests the Government to continue providing detailed, up-to-date information on the manner in which the Convention is applied in practice, and on the consultations held with the social partners concerning issues relating to the application of the Convention. The Committee also requests the Government to send copies of recent court decisions concerning issues relating to the application of the Convention.