Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre los trabajadores migrantes (disposiciones complementarias), 1975 (núm. 143) - Camerún (Ratificación : 1978)

Article 9(1) and (2) of the Convention. Rights arising out of past employment. The Committee previously raised issues relating to the difficulties encountered by migrant workers in claiming their rights arising out of past employment, such as remuneration and social security when their contracts of employment were declared null and void. The Committee notes the Government’s general reply that the labour legislation is rather generous in this regard and that a number of measures have been taken to ensure respect for migrant workers’ rights. The Government also states that according to statistics the number of foreign workers who are illegally employed is very low and that there is no information on the number and nature of the complaints submitted to the labour inspection services by migrant workers in an irregular situation. The Committee draws the Government’s attention to the fact that for the right to equal treatment to be enjoyed in practice, it is important that effective mechanisms are in place to address situations of non-respect of this right, including accessible and effective complaints procedures for migrant workers. The Committee does not consider the low number of complaints to be an indication that such effective mechanisms exist. Recalling the Government’s previous indication that recourse to the labour inspectorate is the only way for workers whose contract has been declared null and void to claim their rights, the Committee urges the Government to examine any obstacles faced by those migrant workers to submit claims to the labour inspectorate in relation to rights derived from past employment, and to provide information on the progress made in this regard. The Committee also, once again, urges the Government to take the necessary legislative measures to ensure that migrant workers who have been unable to regularize their situation are not deprived of their rights that have been lawfully acquired, and that they and their families enjoy equality of treatment with migrant workers lawfully admitted into the country in respect of rights arising out of past employment as regards remuneration, social security and other benefits, in accordance with Article 9(1) and (2) of the Convention. Please provide statistics on the number of migrant workers in an irregular situation, including those migrant workers whose contracts have been declared null and void.

Article 10. Exercise of trade union rights. The Committee recalls that section 10(1) and (2) of the Labour Code provides that foreign nationals are required to have resided for not less than five years in the territory before being allowed to establish a trade union and take positions of responsibility for its administration or leadership. The Committee had requested clarification from the Government regarding whether this requirement also applied to foreign nationals wishing to join a trade union. The Committee notes the Government’s reply that the draft law on trade unions has taken this issue into account. Recalling the Government’s previous statement that membership in a trade union is free for both nationals and migrant workers and that the issue would be addressed in the context of the revision of the Labour Code, the Committee requests the Government to ensure that any future legislation explicitly provides for the right of foreign workers to join a trade union on an equal footing with nationals, without being subject to any residence requirements or other preconditions, and to provide information on any developments in this regard.

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