CDD reglementés: Oui

Remarks

→ Section 25(1)(a) LC indicates that: 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 be 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 occurrence, 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.

Motifs autorisés de recours au CDD: aucune limitation

Remarks

Under the Labour Code, FTCs are concluded for specific tasks.
→ Section 25(1)(a) LC indicates that: 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 be 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 occurrence, 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.

: 2

Remarks

→ Section 25(1)(a) LC indicates that: 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 be concluded for a duration of more than (2) two years, renewable once.
→ Section 25(4) LC indicates that: 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 time limit 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 work 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.
▷ Note:
▻ Are not renewable contracts concluded for the execution of a specified task and contract that termination is subject to the occurrence of a future but certain event;
▻ Are renewable without limitation contracts of temporary employment to replace a worker, employment to complete a task within a specified period which requires additional manpower, occasional work aiming at coping with unexpected growth in the activities of the company or entailing urgent tasks for reasons of public security, and seasonal work.

Durée cumulée maximum de CDD successifs: 48mois

Remarks

→ Under Section 25(1)(a) of the LC, a contract of employment concluded for a specified duration may not be concluded for a duration of more than (2) two years, renewable once.
▷ Exception:
This limitation does not however apply to temporary employment to replace a worker, employment to complete a task within a specified period which requires additional manpower, occasional work aiming at coping with unexpected growth in the activities of the company or entailing urgent tasks for reasons of public security, and seasonal work. (§ 25 (4) LC)

Durée maximale de la période d'essai (en mois): 8 mois

Remarks

▶ Labour Code
→ Section 28 LC indicates that :
(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.
▶ Regulatory text
See also: Arrêté No. 017/MTPS/SG/CJ of May 26, 1993, establishing the maximum duration and terms of the trial engagement (Arrêté n° 017/MTPS/SG/CJ du 26 mai 1993 fixant la durée maximale et les modalités de l'engagement à l'essai).

Excluded from protection against dismissal: Oui

Remarks

▷ Public/civil servants
→ Under section 1(3) of the LC, public/civil servants (fonctionnaires) are totally excluded from the protection of the Labour Code. Their employment is governed by specific regulations (Decrees n° 94/199 of 07 octobre 1994 (Statut Général de la Fonction Publique & ses textes modificatifs).
▷ Probationary period
→ Section 43 LC indicates that: 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.
▷ Domestic workers (household employees)
Domestic workers are presumed excluded based on the information provided in the Government report under Observation (CEACR) - adopted 2017, published 107th ILC session (2018) on the application of the Termination of Employment Convention, 1982 (No. 158) - Cameroon (Ratification: 1988):

Obligation d'informer le travailleur des raisons du licenciement: Oui

Motifs autorisés (licenciement justifié):

Remarks

Motifs prohibés: grossesse, congé de matérnité, opinion politique, affiliation et activités syndicales

Remarks

▷ The LC does not contain any general provision on non-discrimination.
Under Sections 39 and 84 of the LC, dismissal for pregnancy and dismissal based on the opinions of the workers or their affiliation to a trade union are prohibited.
→ Section 39 LC indicates that: Every wrongful termination of a contract 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.
→ Section 84(1) LC stipulates that: 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.

Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs, femmes enceintes ou en congé de maternité

Remarks

▷ Union membership and opinion
→ Section 39 LC indicates that: Every wrongful termination of a contract 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.
→ Section 40 (7) Staff representatives may be dismissed only if their posts have been abolished and with the consent of the Labour Inspector of the area.
▷ Maternity
→ Section 84(1) LC stipulates that: 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.

Forme de la notification du licenciement au travailleur: écrite

Remarks

→ Section 34(1) LC indicates that : 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.

Délai de préavis:

Remarks

▶ Labour Code
→ Section 34(1) and (2) LC indicates that: 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.
▶ Regulatory text
→ Under Section 1 of the Arrêté No. 015 of 26 May 1993 (Arrêté déterminant les conditions et la durée du préavis), the notice period varies according to the professional category to which the worker belongs and the length of service.
▻ Categories I to VI and domestic workers:
- less than one year of service: 15 days;
- 1 to 5 years of service: 1 month;
- more than 5 years of service: 2 months.
▻ Categories VII to IX:
- less than one year of service: 1 month;
- 1 to 5 years of service: 2 months;
- more than 5 years of service: 3 months.
▻ Categories X to XII:
- less than one year of service: 1 month;
- 1 to 5 years of service: 3 months;
- more than 5 years of service: 4 months.

ancienneté ≥ 6 mois:

  • travailleurs de catégories I à VI et travailleurs domestiques: 15 jour(s).

ancienneté ≥ 6 mois:

  • travailleurs de catégories VII to IX: 1 mois.

ancienneté ≥ 6 mois:

  • travailleurs de catégories X à XII: 1 mois.

ancienneté ≥ 9 mois:

  • travailleurs de catégories I à VI et travailleurs domestiques: 15 jour(s).

ancienneté ≥ 9 mois:

  • travailleurs de catégories VII to IX: 1 mois.

ancienneté ≥ 9 mois:

  • travailleurs de catégories X à XII: 1 mois.

ancienneté ≥ 2 ans:

  • travailleurs de catégories I à VI et travailleurs domestiques: 1 mois.

ancienneté ≥ 2 ans:

  • travailleurs de catégories VII to IX: 2 mois.

ancienneté ≥ 2 ans:

  • travailleurs de catégories X à XII: 3 mois.

ancienneté ≥ 4 ans:

  • travailleurs de catégories I à VI et travailleurs domestiques: 1 mois.

ancienneté ≥ 4 ans:

  • travailleurs de catégories VII to IX: 2 mois.

ancienneté ≥ 4 ans:

  • travailleurs de catégories X à XII: 3 mois.

ancienneté ≥ 5 ans:

  • travailleurs de catégories I à VI et travailleurs domestiques: 2 mois.

ancienneté ≥ 5 ans:

  • travailleurs de catégories VII to IX: 3 mois.

ancienneté ≥ 5 ans:

  • travailleurs de catégories X à XII: 4 mois.

ancienneté ≥ 10 ans:

  • travailleurs de catégories I à VI et travailleurs domestiques: 2 mois.

ancienneté ≥ 10 ans:

  • travailleurs de catégories VII to IX: 3 mois.

ancienneté ≥ 10 ans:

  • travailleurs de catégories X à XII: 4 mois.

ancienneté ≥ 20 ans:

  • travailleurs de catégories I à VI et travailleurs domestiques: 2 mois.

ancienneté ≥ 20 ans:

  • travailleurs de catégories VII to IX: 3 mois.

ancienneté ≥ 20 ans:

  • travailleurs de catégories X à XII: 4 mois.

Indemnité compensatrice de préavis: Oui

Remarks

→ Section 36(1) LC indicates that: 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.
→ Section 40(5) provides that in cases of economic dismissal: 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

Notification à l'administration publique: Oui

Remarks

Under the Labour Code, prior notification of the public administration is not required for ordinary workers dismissals.
It is mandatory only in cases of dismissal of a staff representative.
→ Section 130(1) indicates that: 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.

Notification aux représentants des travailleurs: Non

Remarks

Prior approval by workers’ representatives is not required for any individual dismissal (including ordinary workers or protected categories). The Notification is only mandatory in cases of dismissal on economic grounds (§ 40 LC).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

▷ Under the Labour Code, prior notification and authorisation of the public administration is not required for ordinary workers' dismissals. It is mandatory only in cases of dismissal of a staff representative.
→ Section 130(1) indicates that: 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.

Accord des représentants des travailleurs: Non

No statutory provisions were found in the examined legislation in this respect.

Remarks

→ Section 40(2) LC indicates that: 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.

Notification à l'administration publique Yes

Remarks

→ Section 40(3) LC indicates that: 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.
▷ Note: See also section 3 of the ARRÊTÉ N° 021/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités de licenciement pour motif économique).

Notification aux syndicats (représentants des travailleurs) Yes

Remarks

→ Section 40(3) LC indicates that: 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.
→ Section 40(4) LC indicates that: 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.
→ Section 40(6)(d) LC provides for cases of dismissal on economic grounds, indicating that: The employer's notification and the reply from the staff representatives shall immediately be sent to the Labour Inspector of the area for arbitration.

Notification aux représentants des travailleurs: Yes

Remarks

→ Section 40(3) LC indicates that: 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.
→ Section 40(6)(d) LC provides for cases of dismissal on economic grounds, indicating that: The employer's notification and the reply from the staff representatives shall immediately be sent to the Labour Inspector of the area for arbitration.
▷ Note: See also section 3 of the ARRÊTÉ N° 021/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités de licenciement pour motif économique).

Accord des syndicats (représentants des travailleurs) Yes

Remarks

▷ Note: The term "approval" (of public administration) is used only to refer to the dismissal of the workers' representative. Regarding other workers, it's not clear whether the "arbitration" of labour inspectors, required under Section 40(6)(d) of the LC, is binding on the employer.
→ Section 40(6)(d) LC provides for cases of dismissal on economic grounds, indicating that: The employer's notification and the reply from the staff representatives shall immediately be sent to the Labour Inspector of the area for arbitration.
→ Section 40(7)(d) LC indicates that: Staff representatives may be dismissed only if their posts have been abolished and with the consent of the Labour Inspector of the area.

Accord des représentants des travailleurs No

Remarks

Approval of workers' representatives is not required.
▷ Note: In the absence of agreement between the employer and the staff representatives, the dispute is brought before the Labour Inspector for arbitration (§ 40(6)d) LC). However, the employer is not bound by the administration's decision.
(See: Paul-Gérard Pougoué, Code du travail annoté, 1997)

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté) Yes

Remarks

→ Section 40(6) LC provides that:
(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 to 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.
▷ Note: See also Section 2 of the ARRÊTÉ N° 021/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités de licenciement pour motif économique), which lists the criteria to be considered in the following order: professional skills, length of service and family responsibilities.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...) Yes

Remarks

→ Section 40(9) LC indicates that: A dismissed worker shall have prior claim, with equal professional proficiency, to employment in the same establishment for a period of two years.
▷ Note: See also section 4 of the ARRÊTÉ N° 021/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités de licenciement pour motif économique).

Règles de priorité de réembauche Yes

Remarks

Under section 40 of the LC, alternatives to dismissal must be examined in the framework of the consultation process, but no formal agreement is required.
→ Section 40(3) LC indicates that: 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.

Severance pay:

Remarks

▶ Labour Code
→ Section 37(1) LC indicates that: 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.
▶ Regulatory text
▷ See Sections 1 and 2 of the ARRÊTÉ N° 016/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités d'attribution et de calcul de l’indemnité de licenciement):
- A worker is entitled to severance pay provided he has been employed for at least two years, and he has not committed any serious misconduct.
- Severance pay corresponds to a percentage of the monthly overall wages per year of service and is set according to the length of service as follows:
▻ 20% per year during the first 5 years.
▻ 25% per year from the 6th to the 10th year.
▻ 30% per year from the 11th to the 15th year.
▻ 35% per year from the 16th to the 20th year.
▻ 40 % per year after the 21st year.

tenure ≥ 6 mois: 0 mois.

tenure ≥ 9 mois: 0 mois.

tenure ≥ 1 an: 0 mois.

tenure ≥ 2 ans: 0.4 mois.

tenure ≥ 4 ans: 0.8 mois.

tenure ≥ 5 ans: 1 mois.

tenure ≥ 10 ans: 2.25 mois.

tenure ≥ 20 ans: 5.5 mois.

Redundancy payment:

Remarks

▷ Note: No provisions for specific redundancy payment; severance pay covers dismissals for economic reasons. (§§ Sections 1 and 2 of the ARRÊTÉ N° 016/MTPS/SG/CJ of 26 May 1993 (Fixant les modalités d'attribution et de calcul de l’indemnité de licenciement)).

tenure ≥ 6 mois: 0 mois.

tenure ≥ 9 mois: 0 mois.

tenure ≥ 1 an: 0 mois.

tenure ≥ 2 ans: 0.4 mois.

tenure ≥ 4 ans: 0.8 mois.

tenure ≥ 5 ans: 1 mois.

tenure ≥ 10 ans: 2.25 mois.

tenure ≥ 20 ans: 5.5 mois.

travailleurs miniers: Non

→ Section 39 LC states that:
(1) Every wrongful termination of a contract 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.
(...).
(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 whatever 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 the 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.

: Oui

→ Section 39(4) and (5) LC indicate that:
(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 whatever 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.

Oui

→ Section 39(4) and (5) LC indicate that:
(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 whatever 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.

Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie): Unfair dismissal: not more than 1 month&apos;s salary per year of service and not less than 3 months&apos; salary.<br/>In addition, failure to observe the procedural requirements gives rise to compensation of not more than 1 month&apos;s salary.<br/>

→ Section 39(4) and (5) LC indicate that:
(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 whatever 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.

directeurs /cadres dirigeants: Non

▷ There is no information with regard to the reinstatement of workers in general. However, in the specific case of wrongful suspension of staff representatives, the Labour Code requires reinstatement.
→ Section 130(4) LC: 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.

police: Oui

→ Section 139 LC indicates that :
(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.
▷ Sections 158 to 164 of LC provide for conciliation.
→ Section 158 LC indicates that:
(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 stipulates that:
(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 LC provides that: 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 164 States that:
(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 131 LC indicates that: 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 133 LC stipulates that:
(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 of Office.

Règlement des litiges individuels par arbitrage: Oui

→ Section 157(2) LC indicates that: Settlement of any collective labour dispute shall be subject to conciliation and arbitration procedure as provided for in Sections 158 and 164 hereunder.
▷ Sections 161 to 164 provide for the arbitration
→ Section 161 LC indicates that:
(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 provides that:
(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 indicates that :
(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 states that:
(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.

Durée de la procédure:

No statutory provisions were found in the examined legislation in this respect.

Charge de la preuve: employeur

→ Section 39(3) LC stipulates that: 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.
→ Section 40(8) LC indicates that: In case of a dispute regarding the type or order of dismissals, the onus of proof shall rest with the employer.

No statutory provisions were found in the examined legislation in this respect.