Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 143) sur les travailleurs migrants (dispositions complémentaires), 1975 - Cameroun (Ratification: 1978)

Article 9(1) and (2) of the Convention. Rights arising out of past employment. In its previous comments, the Committee asked the Government to clarify how migrant workers, whose employment contracts are null and void under section 27 of the Labour Code (as a result of not bearing the official stamp of the Ministry of Labour), can assert their rights to pay, social security and other benefits. The Committee notes that the Government indicates once again that the workers concerned can have recourse to the labour inspectorate but states that it does not have any statistical data in this area. It recalls that where the contract of employment of the migrant worker in an irregular situation is null and void, it can result in the migrant worker being unable to ascertain any rights arising out of past employment because of the lack of a contractual basis on which to make a claim (2016 General Survey, Promoting fair migration, paragraph 304). The Committee once again requests the Government to take steps to ensure that migrant workers whose employment contracts have been declared null and void under section 27 of the Labour Code can assert their rights under the same conditions as other migrant workers. In particular, it requests the Government to take steps to ensure that the migrant workers concerned can submit claims not only with the labour inspectorate but also with a court that has competence in social matters. As regards social security rights, the Committee notes that the Government refers to the conclusion of reciprocity agreements with other member States. Recalling that the reciprocity principle does not apply in the context of the application of Article 9 (2016 General Survey, paragraph 312), the Committee urges the Government to take steps to ensure that migrant workers can be affiliated to social security without any condition of reciprocity. In this regard, it also requests the Government to indicate whether the social security rights of migrant workers can be lost as a result of illegal residence.

Article 10. Exercise of trade union rights. In its previous comments, the Committee noted that section 10(2) of the Labour Code provided that foreigners needed to have been resident in the country for at least five years before being permitted to establish a trade union. It asked the Government to take steps to ensure that the trade union rights of foreign workers would be guaranteed on an equal footing with nationals. Noting that the Government does not supply any information on this matter, the Committee once again requests the Government to take measures to this end.

The Committee is raising other matters in a request addressed directly to the Government.