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Cameroon - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Cameroon - 2019    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 34 (1) LC


Valid grounds (justified dismissal): none
Remarks:
  • Art. 34 LC: a contract of employment may be terminated at any time at the will of either party provided previous notice is given.
    This does not result in a total freedom of the employer to terminate the contract: it must be understood in light of the existence of prohibited grounds.

    The LC provides for specific regime for dismissal on the grounds of serious misconduct (art. 36 and 37 LC) and on economic grounds (art. 40 LC).


Prohibited grounds: pregnancy; maternity leave; political opinion; trade union membership and activities
Remarks:
  • The LC does not contain any general provision on non-discrimination.
    Art. 39 LC: Dismissal based on the opinions of the workers or his affiliation to a trade union are prohibited.
    Art. 84 LC: Pregnant women and women on maternity leave.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • Art. 40 (7) and 130 LC : prior authorization by the labour administration for the dismissal of a workers' representative.

    Art. 84 LC : prohibition of dismissal only during maternity leave and not during the whole period of pregnancy. However, pregnancy cannot justify dismissal.