International Journal of Law, Policy and Social Review
2019, Vol. 1, Issue 2
The place of contract of employment in times of difficulties in an enterprise under Cameroonian labour legislation
Ayuk Macbert Nkongho, Ndukongs Minette Nforkwe
A contract of employment is a contract or agreement whereby a person called worker contract or agree to put his professional activities in an enterprise under the direction and authority of another person called employer in return for remuneration. However, during the execution of the contract, an enterprise may face some difficulties in its operation. In this direction, an enterprise in difficulty is one confronted with one or more problems which put to question the execution of the contract nor the continuity of the enterprise activity. Difficulties may also imply that the enterprise has ceased to function in a harmonious manner, either a breakdown in its continuous activities or risk of discontinuity in its operation. In other words, the enterprise is “sick.”In this light, the worry which this Article seeks to uncover is the place of contract of employment when an enterprise is in difficulties. That is, should the contract of employment be modified, be suspended, be terminated ap in nitio or dismissal on economic grounds? The Article also highlighted the legal basis of these choices made by the head of an enterprise (employer). in attaining these objectives, doctrinal research methodology have been adopted. The Article sum up with some vigorousre commendations which certainly, will go a long way in ensuring permanence of employment contracts and smooth functioning of enterprise in the national economy.