THE SCOPE OF MODIFYING A CONTRACT OF EMPLOYMENT IN CAMEROON

The improvement of the worker’s professional qualification or the vicissitudes of industrial life may lead the parties in an existing contract of employment to a position where their agreement can no longer in its original terms be applicable. Hence the contract will need to be modified either on the proposition of the worker or employer or a change in the legal position of the employer.

As a general rule, the legal vicissitudes of the establishment such as a change of employer have no effect on the contract of employment. According to section 42 of the Cameroon labour code, in the event of any change in the legal status of the employer, in particular through succession, sale, amalgamation, financial reorganization or transformation into a partnership or company, all contracts of employment on the date of the change shall subsist between the new organization and the personnel of the undertaking.

However, a change of employer can also result in some contracts being terminated as it suffices for the employee not to agree to work under the new employer.

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