Labor law falls within the scope of the OHADA business law, in accordance with Article 2 of the founding Treaty which states: ” In the implementation of this Treaty, the following shall fall within the scope of business laws: all regulations concerning company laws and the legal status of traders, debt recovery, security interests and enforcement proceedings, companies receivership and judicial liquidation, arbitration law, labor law, etc.”
The idea of harmonizing labor law is also justified by the fact that domestic rules are not always sufficient. National instruments, the application of which is limited to national borders, are not suitable to adequately address cross-border issues and realities such as the mobility of labor within the Community or the restructuring of enterprises affecting different Member States. In such situations, rules are needed at the transnational level so that both the economy and law may work together.
In addition, Labor Codes of OHADA Member States share strong similarities due to the common legal history, and as such, a convergent reform at the supranational level offers the opportunity to make update in all Member States.
OHADA has therefore initiated the process of drafting a Uniform Act on Labor Law. The completion of sub-regional consultations within the CEMAC zone will lead to the finalization of the legislative process.