Wrongful termination of employment contract in Cameroon

Abstract

To put a stop to the concept of “at will” termination, which was prevalent in the majority of countries, the International Labor Organization (ILO) passed Convention No. 158 on the Termination of Employment in 1982.

This Convention’s objective was to put an end to the widespread practice of unfair firing, which existed in the majority of countries.

The practice of choosing employment contracts in Cameroon is employer-friendly, despite the fact that the Convention that was just described exists. This is due to the fact that an employer is free to decide (terminate) the employment contract of his employee for any reason or for no reason at all.

This view runs counter to the International Labor Organization agreement No. 158 of 1982, which Cameroon has legitimately ratified. Article 4 of that agreement allows for employment to be terminated for a reason that is deemed to be justifiable.

A further problem that has contributed to the escalation of unfair termination is Cameroon’s deficient implementation of existing legislation that control the termination of employment contracts on both the international and national levels.

In spite of the fact that numerous institutions, such as the Labour Inspectorate, have been established to ensure that workers are safeguarded against unfair termination, unfair termination has continued to be a significant problem in the Cameroonian economy.

In order to conduct an in-depth analysis of the challenges that were presented, the researcher adopted a doctrinal method of study. The researcher also conducted an interview at random with a selection of relevant informants, which contributed to the researcher’s ability to arrive at appropriate findings and results.

It was revealed that unfair dismissal is still practiced in Cameroon because of poor implementation and the absence of a supervisory authority to guarantee that the procedures in place to safeguard employees do their job and provide sufficient protection against unjust termination. This led to the discovery that unfair dismissal is still practiced in Cameroon.

The findings brought about the arrival at the conclusion that the application of ILO Convention No. 158 in Cameroon had been unsuccessful.

The researcher recommended that the Cameroon labor code be amended to comply with the provisions of the convention, as well as the establishment of a supervisory body to ensure that the powers that be comply with the convention, as this will ensure and increase labor security for workers. In conclusion, in order to provide adequate security for workers, the researcher suggested that the Cameroon labor code be amended to comply with the provisions of the convention.

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