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Sudan - Minimum Wages - 2011


LAST UPDATE

12 December 2011

SOURCES


Name of Act

Labour Code 1997, Act No. 20 of 1997. Unofficial translation done by the ILO Labour Law Information Branch. Published by the ILO at http://www.ilo.org/dyn/natlex/docs/WEBTEXT/49122/65103/E97SDN01.htm and accessed 8 December 2011.
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Name of Act

Domestic Servants Act 1955, dated 10 April 1955 as amended up to Act No. 40 of 1974. Laws of the Sudan Volume 4, Fifth Edition, Revised up to 31 December 1975.

Name of Act

Minimum Standard of Wages Act 1974, Act No. 83 of 1974, dated 1 October 1974 as amended up to Act No. 40 of 1979. Laws of the Sudan, Volume 8 1974, revised up to 31 December 1981.
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Name of Act

Wages and Conditions of Employment Tribunals Act 1976, Act No. 8 of 1976, dated 7 February 1976. Laws of the Sudan, Volume 10, 1976-1977, revised up to 31 December 1981.

Name of Act

Part Two - Bill of Rights, excerpted from the Interim Constitution of Sudan 2005. Published by the National Assembly of the Republic of Sudan at http://www.parliament.gov.sd/en/details.php?rsnType=1&id=37 and accessed 8 December 2011.

Name of Act

Trade Unions Act 2010, dated 28 January 2010. Published by NATLEX at http://www.ilo.org/dyn/natlex/docs/MONOGRAPH/85968/96606/F1791016698/SDN85968.pdf and accessed 12 December 2011.
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Other source used

US Department of State Human Rights Report - Sudan 2010. Published by the US Department of State at http://www.state.gov/g/drl/rls/hrrpt/2010/af/index.htm and accessed 8 December 2011.

Other source used

Committee of Experts on the Application of Conventions and Recommendations (CEACR): Individual Observation concerning Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) Sudan. Published 2008 and 2010 at http://www.ilo.org/ilolex/english/index.htm and accessed 8 December 2011.

LEGAL DEFINITIONS


Employee/worker

For the purposes of the Minimum Standard of Wages Act 1974, workers means all workers, men and women, who are not less than 18 years of age, and who work in any establishment within the regions specified from time to time by the Minister. However, it does not include:
(a) workers employed by the Central or Regional Government, the People’s Local Government Bodies and the Public Corporation and Institutions (except those employees appointed outside the scope of chapter 1 of the relevant government budget);
(b) persons subject to the Industrial Apprenticeship and Vocational Training Act 1974;
(c) categories subjected to wage orders made in accordance with the Wages and Conditions of Employment Tribunals Act 1976;
(d) seasonal agricultural workers;
(e) members of the family of the employer who work in his establishment for wages; and
(f) domestic servants.

For the purposes of the Labour Code 1997, worker means any person male or female not less than 16 years old who performs work in return for wages of whatever type in service and subject to the management or supervision of the employer, whether his contract of service is written or oral, expressed or implied or for the purpose of training or probation, or who performs manual or semi manual work whether skilled or unskilled in consideration of wage of whatever kind.
Minimum Standard of Wages Act 1974 §§2, 3
Labour Code 1997 §4
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Employer

The Labour Code gives 3 different definitions of employer, according to the sector in which the worker is employed.

In the case of private and mixed sector, ’employer’ means every national person or body corporate who employs one or more employees under contract of service and includes:
(1) the heirs and successors and assignees of an employer as the case may be; and
(2) the owner of any establishment or the chairperson or any person authorised by him.

In the case of the Federal Government and the federal government organ, ’employer’ means the Minister of Finance or any person authorized by him.

In the case of public sector companies, ’employer’ means the chairperson or any person authorized by him.
Labour Code 1997 §4
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Wage

For the purposes of the Minimum Standard of Wages Act 1974, wage means any monetary remuneration paid to any worker for his work whether in case or in kind, irrespective of whether such wage is paid monthly, half-monthly, weekly, daily or in any other manner.

For the purposes of the Labour Code, wage means the aggregate of the basic pay, and all other remuneration payable to the worker by an employer and includes the value of any food, fuel or residence and any over time, payments or other remuneration for any work done, and any other bonus; provided that it shall not include any ex-gratia payments, or gift or travelling allowance or privilege or any subscription paid by employer for the work in any social insurance project such as provident fund, or pension, or life insurance, or special expenses paid by the employer to the worker.
Minimum Standard of Wages Act 1974 §2
Labour Code 1997 §4

MINIMUM WAGE FIXING


Procedure


Procedure in general

According to the Committee of Experts on the Application of Conventions and Recommendations, minimum wage rates are fixed in Sudan:
(i) at the national level under the Minimum Wage Act of 1974 (as amended) for enterprises employing more than ten employees;
(ii) by wages tribunals under the Wages and Conditions of Employment Tribunals Act of 1976 for specific categories of workers; and
(iii) through collective bargaining.
CEACR Individual Observation concerning Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) Sudan Published 2010
Minimum Standard of Wages Act 1974
Wages and Conditions of Employment Tribunals Act 1976

Government decides alone

A national minimum wage is declared unilaterally under the Minimum Standard of Wages Act 1976 (as amended). No consultation or criteria are stipulated by statute.
Minimum Standard of Wages Act 1974 §4

Government decides after tripartite or bipartite body discussions/recommendations

The Minister is empowered to convene Wages and Conditions of Employment Tribunals in any province or district in relation to any sector of workers, industries or other employments for the regulation of wages and conditions of employment therein.

The Wages and Conditions of Employment Tribunals shall be composed of such number of workers, employers and any other qualified persons as may be deemed to be fit to be appointed by the Minister. More than half the number of members shall constitute a quorum for the Tribunal’s meetings and decisisions shall be passed by the majority of the votes of attending members. Where the votes are equal, the Chairman’s vote shall be determinative.

The Tribunal shall consider any matter referred to it by the Minister, and in particular the minimum wages to be paid, either generally within its ambit of jurisdiction or for any particular work. Provided that the Minister does not consider the recommendation to be inconsistent with the rights of workers under any law or regulations, the Minister may then make the decisions necessary to implement the recommendations of the Tribunal.
Wages and Conditions of Employment Tribunals Act 1976 §§4, 6, 7, 8

Minimum wage set through decentralized collective bargaining

The Interim Constitution 2005 provides that every person shall have the right to freedom of association with others, including the right to form or join political parties, associations and trade or professional unions for the protection of his/her interests. Further, the Trade Union Act 2010 provides for the formation of trade unions and some safeguards for their members. However, no statutory provisions regulating the right to collectively bargain, or the form, method or content of collective agreements, have been identified.

The only provision of the Labour Code 1997 relating to establishing wage rates contemplates them being set by individual agreement. Specifically, the Labour Code provides that employers and production workers working under a contract of employment for and indefinite period shall agree upon a specified wage for the minimum daily work, which shall be used to calculate the worker’s entitlements, except for rewards.
Labour Code 1997 §35(3)
Interim Constitution of Sudan 2005 - Part Two - Bill of Rights §40
Trade Unions Act 2010

Criteria


Other provisions

No criteria for setting or revising the minimum wage identified.

Coverage


Scope

National minimum wage rates set under the Minimum Standard of Wages Act are of general application, subject to a prescribed list of excluded workers (set out below).

The scope of the minimum wage rates contemplated by the Wages and Conditions of Employment Tribunals Act shall apply according to the Tribunal’s geographic and sectoral jurisdiction (i.e. by province or district).
Minimum Standard of Wages Act 1974 §3
Wages and Conditions of Employment Tribunals Act 1976 §4

Excluded categories


» Workers

The following categories of workers are excluded from the scope of the Minimum Standard of Wages Act:
(a) workers employed by the Central or Regional Government, the People’s Local Government Bodies and the Public Corporation and Institutions with the exception of employees appointed outside the scope of chapter 1 of the Budgets of the Central Government, the Regional Governments, the Public Corporations and organizations and institutions of the People’s Local Government;
(b) persons subject to the Industrial Apprenticeship and Vocational Training Act 1974;
(c) categories subjected to wage orders made in accordance with the Wages and Conditions of Employment Tribunals Act 1976;
(d) seasonal agricultural workers;
(e) members of the family of the employer who work in his establishment for wages; and
(f) domestic servants.
Minimum Standard of Wages Act 1974 §3

Level


Minimum wage level(s) in national currency

200 Sudanese pounds
CEACR Individual Observation concerning Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) Sudan Published 2010

Last minimum wage update

2006
CEACR Individual Observation concerning Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) Sudan Published 2010

In-kind allowances

The wages of the worker shall be paid in cash, and there may be exempted therefrom what is included into the wages such as providing the worker with food, fuel, lodging, transportation or clothing.

The wages shall be paid to the worker personally, or to any person authorised by him in writing without any deduction, except when such deduction is agreed upon in writing by the parties or such deduction is made under the provisions of this Act or any other Act. In the case of making any deduction, the employer shall give the worker a statement of such deduction if the worker so requests.
Labour Code 1997 §35(1), (8)
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Rate of payment


» Daily

The wages of the daily workers shall be paid daily, unless there is an agreement between the employer and the worker, and payment will be made at the end of the working day in the place of work and during the working hours.
Labour Code 1997 §35(5)

» Monthly

Unless otherwise stipulated in the relevant contract of employment, wages payable to a domestic worker shall be payable every month in arrear.
Domestic Servants Act 1955 §13(a)

» Other

The wage may be paid daily, weekly, fortnightly, or monthly, in the manner agreed upon, unless the Commissioner directs otherwise.

Workers other than daily workers shall be paid their wages at the end of the week, the fortnight, or the month, as agreed bewteen the parties, and shall be paid in the place of work and during the working hours. The payment of wage shall not be delayed to after the third day, from the date of entitlement as agreed upon.
Labour Code 1997 §35(2), (6)

Scheduled frequency of adjustment

No provisions stipulating a scheduled frequency of adjustment identified.

Enforcement mechanisms


Labour inspection

The Wages and Conditions of Employment Tribunals Act 1976 empowers the Minister to appoint a reasonable number of Officers of Wages who shall have the following powers:
(a) to require the production of any basic pay sheets or other records of wages and conditions of employment kept by an employer, and to inspect and examine such records and copy part thereof;
(b) at all reasonable times to enter any premises at which one or more workers, to whom the provisions of the Wages and Conditions of Employment Tribunals Act apply, are employed;
(c) to examine, either alone or in the presence of one or more persons, any employer or worker with respect to the provsiions of the Act; and
(d) to ascertain that any employer to whom the provisions of the Act apply keeps (for not less than one year after termination of the employment relationship) a satisfactory record of all his employees containing all required information.

Labour inspection is also dealt with by the Labour Code, which provides that the competent labour office (not defined) or any other person may, upon approval of the competent authority:
(a) enter during the working hours (day or night) any place which he has a reason to believe is an enterprise employing one or more workers;
(b) request the employer, the manger or the worker to provide him with the requested information in application to the provisions of the Labour Code, and the employer, the manager or the worker shall be obliged to submit this information;
(c) summon the employer, his representative or the worker to the employment agency to settle any matter in application of the provisions of the Labour Code.

The Labour Code requires employers shall keep a file on every worker for at least one year after the termination of the contract of employment of the worker. The file shall state the conditions of the contract of employment of the worker, including his wage, deductions made, the annual and sick leaves and their dates, and any other relevant information required by any relevant regulations. Employers shall provide the competent authority, on its request, with any of this information.
Wages and Conditions of Employment Tribunals Act 1976 §11
Labour Code 1997 §§65, 69(1), 69(2)

Fines in national currency for non-respect of legislation

The Wages and Conditions of Employment Tribunals Act provides that any person who contravenes the provisions of any decision made by the Minister under that Act shall be published with a fine not exceeding Ls. 500.

The Labour Code provides that a fine (range unspecified) may be imposed on anyone who:
(a) causes or commits acts consisting of adding in the worker’s file of employment false information with the intention of fraud, or who authorizes, in spite of his knowledge of this false information, the delay of payment of a worker’s entitlements on the basis of the false information added in the file;
(b) submits or allows the submission to the competent authority of false information or documents and who is aware of the fact that such information and documents are not true; or
(c) violates or refuses to apply any provision of the Labour Act or the provisions of any orders, regulations or rules issued thereunder.

A fine ordered under either Act may be instead of, or as well as, up to 6 months’ imprisonment.

In the case of repeat violation of the Labour Act, the fine may be doubled.
Wages and Conditions of Employment Tribunals Act 1976 §10(1)
Labour Code 1997 §126(1), (2), (3)

Other penalties

Anyone who:
(a) contravenes the provisions of any decision made by the Minister under the Wages and Conditions of Employment Tribunals Act;
(b) causes or commits acts consisting of adding in the worker’s file of employment false information with the intention of fraud, or who authorizes, in spite of his knowledge of this false information, the delay of payment of a worker’s entitlements on the basis of the false information added in the file; or
(c) submits or allows the submission to the competent authority of false information or documents and who is aware of the fact that such information and documents are not true; or
(d) violates or refuses to apply any provision of the Labour Act or the provisions of any orders, regulations or rules issued thereunder,
shall be punished with imprisonment for a period not exceeding 6 months. Imprisonment may be ordered instead of, or as well as, the imposition of a fine.

The Wages and Conditions of Employment Tribunals Act also allows for recovery of up to 3 years’ worth of unpaid wages in the course of prosecution for failure to pay the minimum wage under that Act.
Wages and Conditions of Employment Tribunals Act 1976 §10(1)
Labour Code 1997 §126(1), (2)

Results generated on: 24th November 2014 at 18:58:12.
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