General LA W eye Gre + +4 H+ H+ | G+ G+ G* - i. =a‘Functions of law (importance) 1) Law maintains peace and order in a society 2) Law resolves or settles social disputes between citizens in a country 3) Law regulates human conducts in a society 44) Law act as a standard settling and contro! mechanism in a society 5) Law defines the right and obligations of citizens in a country. 66) Law structures the organs of government and confesses to them the power they exercise ‘D) Law acts as an instrument of communication and enforcement of social value Question flaw was not created, it could have been invented, Discuss. SOURCES OF LAW IN CAMEROON 1) Constitution ‘The constitution i the supreme law est law of the land) from which other laws derive their validity. It ‘defines the organs ofthe state and also the relationship between these state organs and the citizens. Any other Jaw that is contrary or inconsistent with the provisions of the constitution shall be null and void. (The ‘constitution we use today in Cameroon isthe 1996 constitution amended by the 2008 law) 2) Local statute or legislation. ‘These are laws that emanate from the main legislative aim of the state (parliament) and other bodies oF authorities empowered by the law to do so. Local statute will therefore include: law, ordinances, decrees and ‘administrative decisions. 3) Customs ‘A aistom is the practice, traditional, believe or way of life of people living within a given community or society, For custom to be consider as law in Cameroon, the custom must fulfill the provisions of section 27 Cf the southern Cameroonian High court laws of 1955. This sections states that: 4 ‘The custom should not be repugnant to equity, natural justice and good conscience % The custom must have existed for a very long period of time 4 The custom must be observed as of right 4 ‘The custom must not be contrary to state policies 4) Received foreign laws ‘Those are laws inherited from over colonial masters due to our colonial past. On the 12" of July 1884 after ‘the signing of the German Douala treaty between the Cameroonian kings and German authority, the kings ‘banded over their sovereignty and administration to the German colonial authority. In 1914 dust the outbreak ‘°F WWI, Britain and Prance decided to extend the war to Cameroon to revenge wht the Germans did tothe ‘itis in 1884. At the battle of Mor ‘Germany was defeated and sent out from Cameroon. The territory at ‘his moment was administered by Britain and France. The two color powers attempted to fori join ‘administration (condominium) bu it failed. In 1916 Cameroon was partition between Britain and French with ‘rane taking the tion share 4/S and Britain 1/5. France introduced the civil law system in their own part of ‘he tetory which is practiced til date in the French speaking regions of Cameroon. The British introduced the common law system in their own part ofthe territory ‘which is practiced till date in the English speaking a Practiced til date in the English speaking 5) International treaties and conventions ‘An intemationalreaty is an agreement between two oF more fe states. According to section 45 ofthe constitution, PA \St en 7,1 47 aly ratify by parliament shall be enforced in Cameroonian cours. In situation where dona ta isi conflict with a treaty, the treaty shall override the national law.MODULE ONE INTRODUCTION TO LAW Nature and seope of law ‘The word law is very difficult to define. Ithas been a subject of controversy amongst great thinkers and cholars. However, they agreed on one thing that there is no society without la + Cameroon i bijural sate. Ths implies that Cameroon have two legal systems, the common aw and ci The comman law is practiced in the English speaking Regions of Cameroon and the civil law in the French speaking Regions of Cameroon, ST] Common Taw Gwillaw N T | Common Taw originated from England | Civil law originated from Europe( Rome alter the Norman conquest and Germany) es! 27] Common taw is largely unwritten , un [I is codified Taw with rules and Tegal codified, and essentially case law "| principles 37] Judges under common law are free to [Judges here are required to Tollow the ‘make new laws as the situation arses | code strictly and not to use ther discretion Gudge made laws ) % 4 [it has the principles of binding [Todges here are just government precedence administrators who apply the code strict S |The same courts hears both | Here different courts hear public cases administrative and private matters | and private cases | Common law is acquisitorial in nature. | Civil law is inquisitorial in nature, This ‘This mean that both parties questions | implies that the judges do all. the ‘each other and the judge isa referee __| questioning of the parties 7 | Common law rules are less abstracts | Civil law rules ae more absract [Common law contain elements of the | While civil law does not law of equity 9 | Common law is applied in Anglophone | Applied in Francophone regions of regions of Cameroon Cameroon * Aecoding tothe Back Law Dictionary 6th tion, lav is dened a «boy of rss prescribed by a ‘niroling authority, having a binging eal foes ‘Some schools of thought define aw asa rule of human conducts imposed by a state upon its members and ‘enforce by scour. * For the sake of our studies and to ease understanding, law willbe defined asa set of rules and regulations ‘that governs human conduct ina given society backed by sanctions. (Characteristics of law (legal rule) 1) Law must possess an obligatory characteristic, This implies tat it shouldbe respected by everybody _ itrespective of age, sex, and religion + 2) Law must emanate from a constituted authority. 3)’ Law should aim at doing justice and not injustice, + 4) Law shouldbe obeyed by all without exception 5) Law should be backed by sanction EE i Paget6) Binding precedents or cate law ‘This common law doctine or practice where by decisions ofthe past cases are used to deliver a pres Fidgment. This reduces effors and time and itis mostly used wien bot cases have similar material fact. Gusstion IOI Sit ton ny 4 sources of ew in Cameroon : Classifications of Law Bhai i to pocis method in which laws are being classified, Forth sake of our studies and for us Adequitely understand the concep of clasiication, law wl be classified a fellows Public V. Private law. Public law is law that governs the relationship between the citizens and the state. For example administrativ and constitutional law. Private law on the othe sce is lav that regulates or govern the relationship among individuals or citizens i | state, For example law of contract, family law and labour law. ‘Substantive V. Procedural law Substantive law is the law that defines the rights and duties or obligation of citizens within the state while [procedural law isthe law that gives you the steps to fellow in court if the rights accorded to you have been violated. ‘Common V. Civil Law. ‘Common law is judge made law. It is laws that was made or develop by the English judges based on the ‘cusiom and tradition of the English people. Common law is largely unwritten and not codified. Common law ‘spactice inthe English speaking Regions of Cameroon. Civil aw originated from Ancient Rome, itis largely i ‘ten and codified tis practic in the French speaking Regions of Cameroon Civil law V. Criminal law _ Givi law is that law enforced by private individuals withthe intension to compensate the injured or aggrieved _ parjy while criminal law is law enforced by the tate with the intension of punishing the wrong doer and also | soprevent crimes from being commited in the society Dome, National, Munciala Internation an | “Dametic or municipal law is law that governs people wit jn a given country. While international law is law Sh govem or egulate nts relationship, Example marine la, law on iplomat relationship, ay ete east MODULE TWO “ JUDICIAL ORGANIZATIONS IN CAMEROON. ioe and jurisdiction of cours in Cameroons laid down by law number 2006/05 of 29 December 2006 Mathis law, courts have been classified into three different categories Fates one: cones rh original jurisdiction ‘Customary Cours2 rsdiction of the High court #eriminal matters 1d misdemeanors .ces classified as felonies an f tained within its jurisdiction. $ The High’ Court trial offen ications for bail lodged by person det 4 Ithears and determine app! |ivil, labour and commercial matters The High Court handles suits or cates relating to the status of persons, civil status marrage, dvors filiation, adoption and inheritance. 4 The High Cour also hears civil and commercial mates relating fo claims that are fen million PCT and above The High Court is also competent to hear claims res jon and above. ting from recovery of unquestionable debt from ten Prerogative writs of the High Court 1) Mandamus Ik isan order from the High Court to a lower court orto a government offical requestin a:positive duty. In other words, it isan order from the High Court oa lower cout or a government official 19 Go what hshe was legally required todo by law, 2) Probibition Itisan order from the High Court forbidding an inferior court or tribunal fom exceeding its jurisdiction. tn ‘ther words, i isan order from the High Court to a lower court or government official stopping them from ing what they were not legally required todo. " 3) Habeas Corpus Iisa application demanding for an ims ® Certiorari It is an order coming from the high court to the lower court requesting or instructing a lower court to submit the file ofa particular case frit to be reviewed 7 ‘two: Courts with appellate jurisdiction ___ A. The Appeal court “The Appeal Court is found at the level ofeach Region. The seat ofthe cour is atthe regional head quarter, ‘There are ten Appeal Cours in Cameroon “ {P senand determin al peas coming fo over ours 1g hinv/her to perform release for someone who has been illegally detained ___B. The Supreme Court ‘Supreme Cour is considered as the highest court of the land. It is found at the chief town of the country (Yaounde). The Supreme Courts tee main benches: The administrative, judicial andthe aut ences ei 1) The Administrative Bench This bench isin charge of judging all administrative dispute and those invol it in inistrative dispute involving public authorities 2) Judicial Bench e Bree * They arin charge of giving ‘B, The Audit Bench i he be Se I al judgment to all the appeals coming from the ten appeal courts' © Courts of First Instance High Courts Category two: courts with appellate jurisdiction Court of Appeal ‘The Supreme Court Category three: courts with exceptional jurisdiction The court of First Instance is competent to trial criminal offences classified as simple offence or misdemeanor offences > Hear application for bail lodged by persons detained or charged with a criminal offence withi jurisdiction > Handle felonies committed by minors without adult being as co-offender or accessories {In civil, commercial and labour matters > ‘The court of First instance is competent to hear matters when the amount claim as charges is below ten million PCPA > Iealso entertain cases relating to the unquestionable recovery of debt that is below ten million : FFA, The High Court PRPS 24 sli cpio i Caner, High Court tied Corer i gh Cou ld ser SO Ke ALO tenn ue eal tees netios oat aa SS "e444 20 a.n.s found at the Divisional Head Quarter. The High Court is divided into threes‘Category three: Courts with exceptional jurisdictions ‘ “The Military Tribunal “The Special Criminal Court ‘i -The Court of Impeachment Personnel ofthe court and their func Functions of a Judge He has the duty to render justice and to do so with impartiality ~ He is also in charge of setting dispute and rendering judgment in a given case He chairs and takes records in all proceedings He also have the duty to prevent the commission of crimes in a society In discharging the above functions, the judge is expected to be neutral, impartial and his judgment must bbe subjected to the law and his conscience 4 Functions of the court registrar -Hie is the custodian of all originals of court judgments = He or she takes down minutes in courts during curs sessions ~Hle or She keeps and preserve exhibit tendered before the court He or She plays the ole ofthe store accountant by rceving payments on behave of the court -He or She call up cases from the case lis 4 Functions of the Bailiff -He is & process saver “He ensures that court judgements aro well executed He carries out auction sales of seized properties inthe pub Function of the Lawyer “They act as advisers to thei clients They represent their clients in court They ensure that judgment passed in favour of their client is well executed They receive payment on behalf of their client : They carry out legal drafting for their client é 4 Funetion of the judicial police + They auxiliary ofthe state counsel + They investigate offenses + They collect evidences ~The identify and bring offender before the state council ; ~ They also play the role ofa process saver lke the bai * ‘They eceive complains from the general public MODULE THREE CONTRACT LAW ‘A contract can simply be defined as a legal binding agreement between two or more persons enforceable by Preys 28 crating thahys and obligations. S S=4y=id contract to be established, there are some vital elements that must be presence. These elements ae:if minors engage in them, they will be considered as valid, These contracts are called contract of inevessaries, Necessaries are goods that are considered to be valuable to the wellbeing of the minog 5. Legality For contract to be valid, the subject matter of the contract must be valid before the law. 6, Consent Fora contract to be valid, the contracting parties must freely express their mind free from duress and ‘undue influence + Possibility of performance Here, contracting parties should be able to discharge their obligations as stated in the contract CLASSIFICATION OF CONTRACTS + Bilateral contracts ‘These are contract that involve only two persons + Mokilatrl contract these are contrac that involve more than two persons. + Unilateral contracts: These are contract that involve only one party + Void contrat: his is «contract in which neither party can recover from another ‘+ Voidable contract: This is a contract in which one of the contracting parties have the option either to avoid the legal relationship created by the contract or validate the contract by ratification, + Unenforceable contract these are valid contracts that cannot be enforved by the court because they lack some technical requirements. VITIATING ELEMENTS OF A CONTRACT ‘These are elements that can transform a contract from valid to an invalid contract, A contract may meet the ‘necessary formation requirements of offer acceptance, consideration etc. but still not binding because of some ‘ther necessary factors. These factors invalidate the contract and are termed vitiating elements. They include Misrepresentation; itis a false statement of fact which induce the other party to enter into a contract, The ‘statement made may be oral, written or by conduct. Misrepresentation can be classified under fraudulent, _negligent and innocent misrepresentation } _ Mistakes: These are common errors in a contract, There are two types of mistakes; common mistakes and | ileal mistakes. Common mistakes is a situation where both parties make the same errors Pures this is when threat and violence is used on someone to enter into a contract Undue influence: this is intl ‘that denote iy i ndue he excessive pressure which doesnot give opportunity othe other Pary (et independemy PE ead : “ot ©O@S SP +9: because of ts purpose or the subject matter ofthe contract isnot recognizeOffer Acceptance Consideration = + Intention o crate legal relationship + Capacity + Legality + Consent + Possibility of performance 1. Offer An offer is the willingness to enter into a contract. The person who makes an offer is called an offeror. An oer must be communicated, clear and must be distinguished from an invitation to treat. An invitation to treat js acal for someone to make an offer How can an offer be terminated An offer can be terminated in various ways ‘Revocation: the person making an offer can at any point in time withdraw the offer. This implies that Laps of time: an offer will expire atthe end of the time limit for which the offer was made, Death of the offree ‘Acceptance Counter offer | 2 Acceptance . ofan offer isthe unconditional agreement tal the tems ofan offer. In other words it can he to be the willingness to be bound by the terms ofan offer. Acceptance can be made orally, in writing | by conduct of the oes. Silence inlaw is lays interpreted as aceptance The person who ace an offer is called the offerce ities of acceptance “+ Acceptance mist be unconditional | * Acceptance mist be communicated 3. Consideration Consideration is the price of the contract. There are two types of considerations. F; considerations. Executed and ‘xeeulory consideration. Executed consideration is consideration that has been fulfilled while the eXecutory isa promise tobe fulfilled in the future Capacity (ENTE [Sen he contacting parties must be of required age and of sound min, The =i Zia, wnt 3. allowed to contact. However, there are certain types of contract in whiny+ Lower the reputation of the defamed person in the eyes of right thinking persons in the society uv + Cause such persons to avoid the defamed person ‘TYPES OF DERAMATION Libel: This isa defamatory statement made in a permanent form e.g. can be in the form ofa picture, cartoon __ exposed to view ‘2 defamatory statement made by way of spoken words or gesture. use for keeping animals, noise from industrial installation, For something to be consider as nvisane, have ben consistence fora long period of time. There are two types of nuisance: public and private bic nuisance: this is nuisance that affect the entire public or community and only a collective action ean against this type of nuisance. ite nuisance: this nuisance affecting a private individual and only that individual can sue for this type of. spass: Trespass involves injury cause on land, property and persons. Here we shall focus on juries cause on persons. Its the intentional application of force on the body of another person 4. Negligence: itis a breach of a duty of care, For negligence tobe actionable in law, the plaintive must "proof the following: i $ That the defendant owes him a duty of care | ——_- The defendant was in breach of this duty = Asa elt te bres, pli ENERAL DEFENCES TO LIABILITY IN TORT + Yolenti non fit injuria (consent); A defendant ina tort ation may claim that the plaintive concerted | to the act which cause him the harm h is complaining against example, a patient who consented to a tort because the doctor will ase the defend suffer some damages will not sueceed in an acto ‘way or done the same thing like he did. When we talk about mistakes, we are talking about mistakes "to certain fact and not mistakes relating to law. This is because ignorant tothe law is not an excuse. therefore here will mean a reasonable man would have done the same Y=) AUS; js hm tnt cn ty on ha dnd itn cin poo at tha has fa him to the plaintive come as a result of natural causes without any human intervention.rt ofthe contract cannot sue or be sued iffone of the party breaks the terms of the contract ot indicate in advance that he does the contract. ‘breach of contrac is where one party fils o perform is own part ofthe obligation as enirac When one party suffers from a bridge of contact from the other party, the party ‘Remedies for breach of contract for damages: These are monetary compensations aimed at putting the injured party in the that they would have been ifthe breach had not occurred. Damages are of two types: specific eral damages. fare damages that have monetary values while general damages are damages that cannot be ‘Value. For example psychological trauma and emotional stress ‘Performance; itis an order from the court requesting one party to a contract to perform hi ff the obligation as was stated inthe contract. {is order from the court preventing one party from doing something ‘canbe discharged or trminated inthe following ways: ‘agreement: what was agreed by parties can be set aside by the parties themselves by ways of ils to perform its own part of the ( % comtrict may come oan end by no fault rom the sppening beyond tei reasonable contemplation or underanding which proceed from perforce © rain under wid landslide ce Boy eperntin ofthe kaw when etalk ofa contract coming toa end oder ne “nea ded of nea he contacting party and lapse of time ae LAW OF TORT ‘which the victims entitled to a redress can simply be define asa wrong for ity in tort aflses fom the breach ofa duty ixed by law whichis repressible by an action for damages sPECINIC TORTS . Defamation: It is the publication of a statement which tends to k rep sment which tends 1 lower or reduce the reputation fomebody inthe eyes ih thinking person ofthe sce, who might as ae of age -rrpy ofthe defamed person For deamation 10 are, he steno aewise will fil because the defendant was acting or authorize by law. ache. act which will constitute ator. Any plainiT MODULE FOUR, CRIMINAL LAW enforced by the state. Criminal law deals with offences committed a state is under a duty to prosecute in criminal matters. This is done by the ‘by the State Counsel. In criminal acti mn is done in the name Classification of offences ‘ofthe Cameroon penal coe, offences have been classified into three basic catepores a Te ction 21(1) (a) of the Cameroon Penal Code (PC) a felony shall mean any offence punishable MMS iin csc acicn yn. Exanie of ners a an Te aces Pl Coe intercrop SR ener li ince a ex ce rr ma a Hest Ps eto ce An camp of ch ocr be se Liability oF Responsibitiy, 74(1) ofthe Cameroon penal code, state that no penalty may be imposed on an individual, except the ual is criminally responsible. INF) 4f 46-bit arise the Actus Reus (materi clments) and the Mens Rea (rental fini pesebls The material elements may consist of physical acs, for example| ECO yyuVeS is law emanating from Parliament in relating to labour relationship. In our situation at hand we: references to the 1992 labour code enacted by parliament to regulate labour relationship in r and regulations of companies ‘ules and regulations laid down by management relating to the organization work, discipline, fora smooth functioning of the establishment. External sources by the international labour organization(IL.O}to regulate labour relationship within who are signatories to the convention and have undergone ratification of the said convention . LABOUR CODE 11 of the Labour code states that the labour code shall govern relation between wage earners and ‘and as well between employers and apprentice under the supervision or authorities of the master. crf privat companies of para public companies ‘of the Armed Force and the National Security ‘of the Penitentiary Administration and auxiliary staf. ‘Contract of Emplovment fo an agreement between the employer and the employee whereby the em Mt his gainful services under the contol and supervision ofthe employe 90 pais invole ina contact of employment are ployee willfully accept Fin return for wages or‘where there was a legal duty to act, ‘Rea constitute the intension to commit the offence. ‘Aco-offender is one who participated in the commission of an offence. ‘Accessory are those who facilitate, aid or help in the commission of an offence, There are ‘of accessories, Accessory before and after the commission of an offence. General defenses to Criminal Responsibility '% Insanity (section 78 of the penal code). This section states that no c "from an act or omission of a person suffering from mental illness or mental disorder. Intoxication, Intoxication here may refer to act committed as result of drunkenness or drugs. “$ Infancy or minority ie children below age. No criminal responsibility shall arise from the act or ‘omission commited by a person aged less than yeas i “ & Respect ofl authority (ecton #2) and obedience ofthe aw. | © Lawful defense Section 84), Ths refers to self-defense or defense of one’s property. It isan absolute “defense, provided the force used is proportionate to the attack. | & Provocations (section 85). Ths isa situation where the defendant is unlawfully provoked in the presence of his wife, children, or siblings 4 Sate of necessity. This situation or circumstance where someone is compelled to et even unlawfully inorder to prevent a greater harm or danger. Reus MODULE SIX LABOUR LAW History Evolution of Cameroon Labour Legislation. During the colonial era, Cameroon workers were given by the colonial Labour Code, which was known mginly ‘othe colonial masters. After independence Cameroon continue to use the colonial Labour Code from France ‘804 Britain. However, the situation changes in 1967 when Cameroon enacted his own Labour code | Cameroon Labour codes since independence are; # The federal code of 1967 created by Law No 67 of 12/06/67 The unitary Labour code of 1974 created by Law No 74/14 of 27/03/74 # The enterprise oriented Labour code created in 1992 by law No 92/007 of 14/08/92 _The unitary Labour Code was worker oriented for it protected the workers from hard dubious S; while the enterprise oriented Labour code demanded that contracting parties should feclyTypes of Contracts of Employment } are two main types of contracts of employment, namely; contacts of specified duration and contracts cifingpecified duration, Besides these two, there exist other forms of employment contracts some of which ‘= Hre going to examine below. > Ij bour law, a contract of specified duration is one of fixed and defined tenure, In other words, these are ‘agra whose duration is pre-determined in advance by te parties themselves. Section 25(I a) ofthe labour ‘cone defines contracts of specified duration asa contract whose termination is fixed in advance by bot partes ‘According to the code, a contract of fixed duration may not be concluded for a duration of more than (2) two years renewable once. This implies that, a contract of fixed duration has a maximum duration of four years and any second renewal of the contract automatically converts it to a contract of unspecified duration (section 25(3)), Contracts of specified duration do not require notice before termination given that the parties had ‘already decided on the duration of their contract and any further notice might just be considered superfluous, ‘The termination of such a contract depends on the expressed intention of the partes, the performance of @ specified activity or the occurrence of an event so stated in the contract. Therefore, a contract of employment ‘of specified duration may not be terminated prior to its expiry except in the ease of gross misconduct, force ‘majeure, or by the written consent of both partie (section 38). (contac of unspeciiddurton is deed by section 25 (6) ofthe code ns a contac whose termidaton to fixed in advance, These types of contact ar very common and by lm, they are meant 1 last il he 1 worker asin the age of tren. However, ths does not mean tat contacts of unopeciied daaton are Penabent nd inermicabe fr by vcwe of svtion 25 (ofthe code, his kindof contac canbe trae ‘legitimately at any time by either of the parties provided he/she provides notice of such termination. This Betis Bf emination rust be in writing stating te esors for such erminaton IK Isom the exh et Bais noes mt be wel usted. Dring the period of noice of tization, both panies mist eb Contractual obligations as before and in ation to this, the worker hall be allowed oe day off exch hook (with pay) for the purpose of seeking other employment and paid for these days off (section 34). However, a ontat of unspecified duration can be erminated witout notice incase of gross misconduct free majese (nforescen circumstances or pregnancy ection 84). rs of tof vent ‘The 1992 labour code of Cameroon identifies other forms of labour contracts besides that of specified’ and ‘unspecified duration. Section 25(4) ofthe labour code recognizes occasional, temporal contracts, and seasonal onrats under which certain workers may be recruited as employees. Such employments are mainly dictated ty the unexpected developments inthe indusry or enterprise. | Temporat contracts: I is an employment contract aimed at replacing a worker who is absent, of whose “Conlsiet has been suspended, or forthe realization ofa given tsk for a perio of time. According to article 8) ofminiseril order 37 governing these contract, temporary contracts may not be concluded for plod xeeeling from one day to 15 days or may they be renewable more than once 1c. it has a minimum of one | dy, a maximum of 30 days Occasional conracs: This isan employment contract aimed at exocuting some improvised activites in lepers pairs to avoid accidents, Is duration ie not above 15 (ie) day,f * Vaty to Pay Wages jons 1(1) and 23(1) of the labour code define employment in terms of service of the worker in retuen for meration from the employer. This implies thatthe wage isthe employer's consideration for the services ‘the worker, Moreover section 69 of the code provides that wages shall be payable in “legal tender” only When conract of employment is abusvely terminated % Worker donot perorm his dtyto the best of his ability Workers not pad his allowance of collective labour disputes | When contract of employment is abusively terminated - Workers do not perform his duty tothe bes of his ability | Workers are not paid his allowance - Workers are not paid his salary or wages Duration: 2 hours SECTION: A Problem Solving questions) 3Smks secretary is ob hunting. Unable to have permanent job, she accepts to work as secretary enterprise. A contract of employment is thus concluded between ABASCO Lid and Mrs terms. 6 engages Mrs, Suh as Secretary for a determined duration in replacement of% He must be able to express himself in English ot French 4 He must not be related by blood or marriage to the employer fi, Procedure for Elections There are two electoral colleges. The first college comprise labourers and other employees. The second college: Supervisory staff and service heads “The bead of the establishment allocates the number of seats in each college following the number of workers Ihe has, Ths list is then deposited in the Trade Union Organization. Twenty days before the voting, the head | _of the establishment shal put up with cast thee votes in favour of the list presented by the union, The cost of ‘onpanizing the election shall be borne by the employer Workers whose occupation is outside the establishment, workers on leave, sick workers, workers on suspension (I-8days) and workers suffering from industrial accidents or occupational disease shall be allowed to post their votes. . fii, Funetions of a Staff Representative Section 128 of the Labour Code outlines the functions ofthe staff representative as follows, % To refer to the employer any individual or collective demands in respect of employment, workers protection and wage rates % Torefer to the labour inspector all complaints relating to the application of laws and regulations To censure that the rules relating to the hygiene and safety of workers are observed # Tomei te poe my il gesin fr impving hogan nd ped ‘establishment win Sine the staff representative as extra duis, the law allows him 15 hours a month for him to accomplish his ‘ison He is equally granted permission whenever he needs o carryout his function, Legal Protection of the Staff Representative . According to section 130, the staff representative cannot be terminated without prior authorization f the labour Inspector ; How The Staff Representative Loses His Post * Heis elected for two years and can be reelected when he isnot reelected he loses office © Death * Termination ofhis employment if authorized by the labour inspector | Resignation