A contract of employment of unspecified duration may be terminated at will at any time by either party. But such termination is made prior to reasonable notice been given to the other party. According to section 34 (j) of the Cameroon labour code, termination shall be subject to the condition that notice is given by the party who takes the initiative of terminating the contract. Notification of termination shall be in writing to the other party and shall set out the reason for the termination.
WHY IS NOTICE REQUIRED
To prevent grave financial or other hardship that may result from an abrupt resiliation of the contract. Notice permits the parties to prepare themselves for the changes to come as a result of the expected termination of the labour relation.
Notice may also take the form of payment in lieu of notice. This happens when the period or term of notice has not been or cannot be executed either wholly or in part. The party responsible for the non-execution of the term of notice shall pay to the other compensation, the quantum of which is equal to the remuneration and advantages both in cash and in kind that would be payable to the worker had the latter effectively worked out that period of notice not observed.
DURATION OF NOTICE
According to section 34(3) of the Cameroon labour code of 1992, an order of the Minister in Charge of Labour issued after consultation with the National Labour Advisory Board shall prescribe the condition for such notice and its duration giving regard to the worker’s seniority in the establishment and the occupational group to which he belongs. The duration of shall be as follows;
Category 1 to IV (Domestic workers of all categories):
. Less than 1 year of service – 15 days’ notice
. From 1 year to 5 years – 1 month notice
. More than 5 years – 2 months’ notice
Category VII to IX:
. Less than 1 year of service – 1 month notice
. From 1 year to 5 years – 2 months’ notice
. More than 5 years – 3 months’ notice
Category X to XII:
. Less than 1 year of service – 1 month notice
. From 1 year to 5 years – 3 months’ notice
. More than 5 years – 4 months’ notice