Dismissal and resignation in Cameroon
A permanent contract can always be ended by the employer or the employee, provided notice is given and the termination is notified in writing with the reason (section 34 of the Labour Code). What is owed on departure depends on how the contract ends: resignation, dismissal on personal grounds, gross misconduct or redundancy. The Code and Order No. 016/MTPS/SG/CJ of 26 May 1993 set a legal minimum, which many collective agreements improve on.
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Ways a contract ends
| Situation | Rule |
|---|---|
| Resignation (permanent contract) | Notified in writing with the reason; notice must be worked, or the employee owes compensation equal to the notice not given |
| Dismissal (permanent contract) | Notified in writing with the reason; notice, severance pay after two years' service; the employer must prove the reason is legitimate |
| Gross misconduct | Termination without notice or severance pay, subject to the court's assessment of how serious the misconduct was |
| Fixed-term contract | No early termination except for gross misconduct, force majeure or written agreement of both sides |
| Probation | Either side may end it, without notice or compensation, unless agreed otherwise |
| Pregnant employee | May leave without notice; may not be dismissed because of the pregnancy or during maternity leave |
| Change refused | If the employee refuses a substantial change proposed by the employer, the termination is attributed to the employer; it is only unfair if the change is not justified by the company's interest |
A sale, merger or inheritance does not end contracts: they carry on with the new employer. Closing the business does not exempt the employer from the termination rules, and bankruptcy or court-ordered liquidation are not force majeure (section 42).
Protected employees
- Any dismissal based on the employee's opinions or on their union membership, or lack of it, is unfair (section 39).
- Staff representatives, candidates and former representatives for six months: dismissal requires the labour inspector's authorisation, given within one month (two if the inquiry is extended); without it, the dismissal is void (section 130).
- Pregnant women and women on maternity leave (section 84).
Redundancy
A redundancy is a dismissal that has nothing to do with the employee personally but with a job being cut or changed, or the contract being altered, because of economic difficulties, technological change or restructuring. The Code sets out a multi-step procedure (section 40).
- 1. The employer meets the staff representatives, with the labour inspector present, to look for alternatives: shorter hours, rotation, part-time work, temporary lay-off, reworked bonuses, even pay cuts.
- 2. Negotiations last no more than 30 clear days; if agreed, a report signed by the parties and the inspector sets out the measures. An employee who refuses them in writing is dismissed with notice and, if eligible, severance pay.
- 3. With no agreement, or if dismissals are still needed, the employer ranks who goes by professional ability (first), length of service and family responsibilities, and sends the list to the representatives, who reply within eight clear days.
- 4. Everything goes to the Labour Minister for arbitration. A representative can only be dismissed if their job is abolished and with the inspector's authorisation.
- 5. If challenged, the employer must prove the reason and the order chosen. A dismissed employee has priority for rehiring in the same company for two years, all abilities being equal.
Notice
Notice runs from the written notification. It cannot be made conditional or taken out of leave. During notice, the employee is entitled to one day off a week on full pay to look for work (section 35); the forestry industry agreement grants two. If notice is not respected, the party at fault owes compensation equal to the pay and benefits for the period not worked (section 36). Its length is set by ministerial order according to seniority and category (section 34): Order No. 015/MTPS/SG/CJ of 26 May 1993. Its text is not published online; the table below gives the periods published by the employer-of-record firm Atlas HXM.
| Category | Under one year | 1 to 5 years | Over 5 years |
|---|---|---|---|
| I to VI | 15 days | 1 month | 2 months |
| VII to IX | 1 month | 2 months | 3 months |
| X to XII | 1 month | 3 months | 4 months |
Severance pay
Any employee dismissed other than for gross misconduct who has at least two years' continuous service with the company is entitled to severance pay, separate from notice (section 37 of the Code). Order No. 016/MTPS/SG/CJ of 26 May 1993 calculates it as follows: for each year of service, a percentage of average monthly pay over the last twelve months, rising with seniority. Part years count, to the last completed month. Expense reimbursements and benefits in kind are excluded from the base. Seniority includes paid leave, authorised absences, most contract suspensions (illness, maternity, workplace accidents and temporary lay-off among them) and statutory internship and training periods.
| Years of service | Rate per year | Running total at end of band |
|---|---|---|
| Years 1 to 5 | 20% | 1 month's pay after 5 years |
| Years 6 to 10 | 25% | 2.25 months after 10 years |
| Years 11 to 15 | 30% | 3.75 months after 15 years |
| Years 16 to 20 | 35% | 5.5 months after 20 years |
| Year 21 onwards | 40% | + 0.4 months per extra year |
| Agreement | Rate per year of service |
|---|---|
| Logging and timber processing (2002) | 35% of average gross monthly pay, whatever the seniority (from two years) |
| Manufacturing (2023) | 35% (1 to 10 years), 40% (11 to 20 years), 45% (over 20 years) |
| Retail and trade (2024 revision) | 30% (1 to 5 years), 35% (5 to 10 years), 45% (10 to 15 years), 50% (15 to 20 years), 55% (over 20 years) |
What is owed on leaving
| Item | When | Legal basis |
|---|---|---|
| Wages and allowances owed | On leaving, in every case | Section 68 |
| Pay in lieu of untaken leave | If the contract ends before earned leave has been taken | Section 92 |
| Pay in lieu of notice | If notice is not worked, except for gross misconduct | Section 36 |
| Severance pay | Dismissal after two years, except for gross misconduct | Section 37 and Order No. 016 |
| Damages | Unfair dismissal or irregular procedure, as decided by the court | Section 39 |
| Certificate of employment | On leaving, whatever the reason | Section 44 |
For unfair dismissal, damages may be no less than three months' pay and no more than one month's pay per year of service; if the dismissal was justified but the procedure was not followed, they are capped at one month. The base is average gross monthly pay over the last twelve months, and these damages come on top of pay in lieu of notice and severance pay (section 39). The certificate of employment states only the start and end dates and the jobs held. Lastly, signing a âfull and final settlementâ receipt does not stop the employee from claiming what is still owed (section 69).
Appeals and time limits
- Compulsory first step: ask the labour inspectorate covering the workplace for conciliation (section 139). A signed agreement endorsed by the court president is enforceable.
- If that fails, file a statement at the court registry with the non-conciliation report; the president summons the parties within two days, for a hearing within twelve days (sections 140 and 141).
- Proceedings are free; the employee is automatically entitled to legal aid to enforce the judgment (sections 138 and 149). Appeal within 15 days (section 154).
- Time limit: claims for wages lapse after three years, and termination payments are treated as wages. A written claim before the labour inspector stops the clock (section 74). The right to leave also lapses three years after work ends (section 92).
Frequently asked questions
How much severance pay after 10 years' service in Cameroon?
At the legal minimum, 2.25 months of average pay: 5 years at 20% then 5 years at 25% (Order No. 016 of 1993). A collective agreement may provide more.
How much severance pay after 5 years' work?
One month of average monthly pay over the last twelve months at the legal minimum (5 Ă 20%), on top of notice.
Is there severance pay with less than two years' service?
No, the Code requires two years' continuous service, unless a collective agreement or contract is more generous. Notice, earned leave and wages are still owed.
How much compensation for unfair dismissal in Cameroon?
The court awards damages of at least three months' pay and at most one month per year of service, on top of notice and severance pay (section 39).
What do you get if dismissed for gross misconduct?
Neither notice nor severance pay, but wages owed, pay for earned leave and a certificate of employment. The court can be asked to rule on how serious the misconduct really was.
How long do I have to challenge a dismissal in Cameroon?
Termination payments can be claimed within three years, like wages; a written claim before the labour inspector stops the clock. Conciliation at the inspectorate comes first.
Handle with care
The text of Order No. 015/MTPS/SG/CJ of 26 May 1993 on notice was not found online: the periods given come from a single private provider (Atlas HXM) and should be checked. Some online guides publish figures that contradict the official texts (30 to 40% severance from the first year, a two-year time limit, six months' compensation for unfair dismissal): they are not used here. The rates in the trade and manufacturing agreements are those reported by the press, not read in the agreements themselves; the trade article gives overlapping bands (â1 to 5 yearsâ, â5 to 10 yearsâ), reproduced as published.