ABSTRACT

This Long Essay examines the critical role of labour inspectors in the settlement of labour disputes within the context of Cameroon. Labour disputes are common in the employment landscape of Cameroon, leading to conflicts and challenges for both employees and employers. The objective of this research is to explore and analyze the multifaceted responsibilities and functions of labour inspectors in ensuring compliance with labour laws, promoting social justice, and facilitating effective dispute resolution processes. The research methodology employed for this study involves a comprehensive review of relevant literature, including labour laws, regulations, and previous research on the role of labour inspectors. Primary data is collected through interviews and surveys conducted with labour inspectors, employees, employers, and legal experts to gain insights into their experiences and perceptions. The findings of this study reveal that labour inspectors in Cameroon play a pivotal role in enforcing labour legislation and regulations. However, the research also identifies challenges faced by labour inspectors in effectively fulfilling their role. These challenges include limited resources, insufficient staffing, a high caseload, and low awareness among workers and employers regarding the role and availability of labour inspectors. Addressing these challenges is crucial to enhance the effectiveness of labour inspectors in settling labour disputes and promoting a fair and equitable working environment in Cameroon.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 BACKGROUND TO THE STUDY

A labor dispute is a disagreement between an employer and employees relating to the terms of employment.it involves disputes regarding infringement benefits, hours of work, wages, conditions of employment, implementation of already agreed terms, just to name a few. The main text regulating employment relationships in Cameron is the Labor code[1]

During the colonial era, Cameroonian workers were governed by the colonial labor code, which was known mainly to the colonial masters. Labor legislations of the Country have continued to evolve following the political history of Cameroon. Prior to colonization, there was no paid employment, discrimination, slavery and slave trade. When the Germans colonized Cameroon, they improved on the existing working conditions. The Germans were ousted from Cameroon, following their defeat in the First World War[2].

 After independence, Cameroon continued to use the colonial labour code of France and Britain respectively in the north and south west regions. This situation however changed in 1967 when Cameroon enacted its own labour code.

The role of the labour inspector is primarily to monitor and enforce compliance with employment standards such as requirements relating to ;

• Minimum wage
• Holiday pay
• Leave entitlements
• Wage deductions
• Records keeping

The Cameroon Labour code defines a worker as any one irrespective of sex or nationality who undertakes to place his services in return for remuneration under the direction and control of person weather an individual or public or private cooperation considered as an employer[3].

The acid test of a justice system lies not only on the decisions arrived in court but weather the Justice system is seen to have done to disputing parties. Thus when a parties    contract obligations are bridged, the proper place of redress is a properly constituted court where judges dispense judgments based on impartiality.

Sections 131 -155 of the Cameroon Labour code expressly put lines the procedure for collective and individual labour disputes. This provisions turn to suggest that labour disputes are sui generis in nature. The code thus establishes substantive likewise procedural steps for the settlement of labour disputes.

1.2 STATEMENT OF THE PROBLEM

Man’s impulsive character makes disputes inevitable    in our contemporary society. Labour disputes in Cameroon and other parts of the world are frequent as a result of  breach in employment contracts between the employer and his/her employee, unlawful dismissal, unfair treatment, just to name a few.

The laws in application to regulate of labour disputes in Cameroon empower employers with regulatory powers, discipline and managerial powers. In excreting these powers, disputes are definitely bound to occur. Labour disputes remain sui generis in litigation procedure. The effectiveness of labour inspectors in exercising their functions to reconcile disputing parties remains a question for determination[4]

1.3 RESEARCH QUESTIONS

The problems identified in this research have led to the following questions;

1.3.1 MAIN RESAERCH QUESTION

• What is the role of labour inspectors in the settlement of labour dispute claims in Cameroon?

1.3.2 SPECIFIC RESEARCH QUESTIONS

• Who are labour inspectors in Labour law?
• What are the legal, policy and institutional framework for resolving labour disputes in Cameroon?
• How effective are labour inspectors in resolving labour disputes in Cameroon?
• What policy recommendations can be made the challenges identified?

1.4 RESEARCH OBJECTIVES

The objectives of this research are divided to both the general and the specific objectives.

1.4.1 GENERAL OBJECTIVE

• The main goal of this research is to assess the role of labour inspectors in the settlement of labour dispute claims in Cameroon.

1.4.2 SPECIFIC OBJECTIVE

• To examine the concept of labour inspector
• To analyze the legal, policy and institutional framework regulating labour disputes in Cameroon
• To examine the effectiveness of labour inspectors in the settlement of labour disputes in Cameroon.
• To make policy recommendations to the challenges identified.

[1] Law No 92/007 of 14^thAugust  1992 relating to the Cameroon Labour Code.

[2] August 1914 – February 1916

[3]Micheal A. Yanou, Labour Law Princilples and Practice in Cameroon,Langa research  & Publishing Common initiative group:MankonBamenda

[4]ibid