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Sudan - Working time - 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.

LEGAL DEFINITIONS


Employee/worker

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.
Labour Code 1997 §4
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Employer

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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Domestic worker

The Domestic Servants Act defines the term ’servant’ to mean any person employed either wholly or partly as a cook, house servant (including bedroom and kitchen servants), waiter, bulter, nurse, valet, bar boy, footman, chauffeur, or washerman, or in any capacity involving the duties usually perfromed by any of the above. However, the term ’servant’ does not include a person so employed by the Government, a People’s Local Government authority or by any categring establishment carried on for gain or by a club, boarding-house, school, hotel, canteen, hospital, nursing home, convalescent home or other establishment providing accommodation for aged, sick, infirm or mentally unsound persons, or any similar establishment.
Domestic Servants Act 1955 §3

NORMAL HOURS LIMITS


Daily hours limit


General limit

The normal working hours shall be 8 hours per day.
Labour Code 1997 §42(1)

Exceptions

The daily working hours shall be reduced by one hour during the month of Ramadan for workers who fast, provided that this hour is paid.

The competent authority may, after consultation with the Council, issue Orders amending the daily hours of work for certain periods of the year or for certain categories of workers, as required by the nature and type of work.
Labour Code 1997 §42(2), (3)

Special categories


» Young workers

The normal working hours for juveniles shall be 7 hours.
Labour Code 1997 §23

» Domestic work

Domestic workers are excluded from the scope of the Labour Code. No provision for maximum hours is made by the Domestic Servants Act 1955.
Labour Code 1997 §3
Domestic Servants Act 1955

» Pregnant workers/recent birth

The daily working hours shall be reduced by one hour for breastfeeding mothers for two years from the date of the birth, provided that such an hour shall be payable by the employer.
Labour Code 1997 §42(3)

Weekly hours limit


General limit

The normal working hours shall be 48 hours per week.
Labour Code 1997 §42(1)

Exceptions

The competent authority may amend the weekly or the daily working hours or the intervals of rest for some periods of the year, or for some categories of workers, according to the nature and kind of work.
Labour Code 1997 §42(2)
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Special categories


» Domestic work

Domestic workers are excluded from the scope of the Labour Code. No provision for maximum hours are set by the Domestic Servants Act 1955.
Labour Code 1997 §3
Domestic Servants Act 1955

OVERTIME WORK


Criteria for overtime


General

Employers may, in cases of force majeure, assign the worker to perform overtime work immediately after the official working hours.
Labour Code 1997 §43(1)

Worker`s influence

Overtime work may be performed by male workers only with agreement of both parties, except in cases of force majeure.

In all cases, overtime work shall be optional for women.
Labour Code 1997 §43(1), (2)

Limits on overtime hours


General limits

Overtime, in case of force majeure or agreement, shall not exceed 4 hours per day. Where worked under agreement between the worker and employer, overtime shall not 12 hours per week.
Labour Code 1997 §43(1)

Restrictions/exceptions

There is no weekly limit on overtime worked in cases of force majeure.
Labour Code 1997 §43(1)

Compensation for overtime work


Overtime rate(s)

The worker shall receive his payment for overtime work as follows:
(a) during the normal working days, he shall be entitled to receive the equivalent of his wage of one hour and a half for each hour of overtime;
(b) during official holidays, he shall be entitled to receive the equivalent of his wage of two hours for each hour of overtime work.

The overtime wage shall be calculated on the basis of the basic salary.
Labour Code 1997 §43(3), (4)

Exceptions

Subject to the scope of the Labour Code, no exceptions identified.

Compensatory rest

No relevant provisions identified.

Compensation procedure

No relevant provisions identified.

Notice of requirement to work overtime


General provisions

No provisions imposing notice requirements with respect to overtime identified.

Special categories


Domestic work

No provision for overtime is made in the Domestic Servants Act 1955.
Domestic Servants Act 1955

Young workers

Juveniles shall not be employed for additional hours.
Labour Code 1997 §21(7)

Women

In all cases, overtime work shall be optional for women within the daily and weekly limits on overtime listed above.
Labour Code 1997 §43(2)

SCHEDULES


General

No provisions regulating the scheduling of work hours identified.

REST PERIODS


Rest breaks


General provisions

An interval of not less than half an hour with pay shall be allowed during the working hours either for taking a meal or for rest.
Labour Code 1997 §42(1)

Exceptions

The competent authority may, after consultation with the Council, issue an Order to amend for certain periods of the year or for certain categories of workers, as required by the nature and type of work, the the periods of rest to be taken during working hours.
Labour Code 1997 §42(2)

Special categories


» Young workers

Juveniles shall be given an interval of one hour for rest with pay, and shall not be employed for more than 4 consecutive hours without interval for rest.
Labour Code 1997 §23

» Women

The daily total rest intervals for women shall not be less than 1 hour with pay and the intervals shall be regulated so that the interval of rest extends for half an hour or more, provided that the working period shall not extend for 5 consecutive hours without such interval.
Labour Code 1997 §20(3)

» Domestic work

Every domestic servant shall be entitled to 2 intervals of rest, one hour each in every day during the hours of daylight.
Domestic Servants Act 1955 §15(a)

Daily rest periods


Duration

No statutory provision for daily rest periods identified.

Weekly rest periods


Duration


» General

No statutory provision for weekly rest days identified.

Special categories


» Young workers

Juveniles shall not be employed on the weekly holidays.
Labour Code 1997 §21(7)

» Domestic workers

Every domestic servant shall be entitled to a weekly holiday of not less than 12 consecutive hours of which 6 shall be during the hours of daylight.
Domestic Servants Act 1955 §15(b)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Workers shall be entitled to annual leave with after one year of continuous service with the employer.
Labour Code 1997 §44(1)
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Duration


» General

The entitlement of the worker’s annual leave shall be as follows:
(a) 20 days if a worker has been continuously employed by his employer for a period of one to three years;
(b) 25 days if a worker has spent eight years or less than 15 years of continuous service with his employer;
(c) 30 days if a worker has spent 15 or more years of continuous service with his employer.

Workers shall be also entitled to paid travel time from their workplace to their place of origin once a year.
Labour Code 1997 §§44(2), 45(1), 45(2)
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» Exceptions

No exceptions to the duration of annual leave identified, save for the right to postpone annual leave until the following year with the employer’s agreement.
Labour Code 1997 §44(4)

Payment


» Amount

Annual leave shall be taken on full pay.
Labour Code 1997 §44(1)

» Date of payment

No relevant provisions identified.

Schedule and splitting

Annual leave shall be scheduled during the year depending on the requirements of the work.

However, a worker may, with the consent of the employer, postpone his annual leave for one year or may take half of it during the year in which he is entitled to take his leave and the other half in the following year. It shall be forbidden to postpone all or part of the annual leave for more than one year. The worker shall be entitled in the following year to take his annual leave in addition to the accumulated leave.
Labour Code 1997 §44(1), (4)

Work during annual leave

No relevant provisions identified.

Special categories


» Young workers

Juveniles shall not waive their right to annual leave or postpone or break the same.
Labour Code 1997 §21(7)

PUBLIC HOLIDAYS


Number and dates

No records of the number and dates of official holidays in Sudan identified.

Payment

Workers shall be entitled to leave with full pay on official holidays after three months of continuous service with their employer.
Labour Code 1997 §45(3)

Work on Public Holidays


» Criteria

Juveniles shall not be employed on official holidays.
Labour Code 1997 §21(7)

» Compensation

Overtime performed during official holidays shall be paid at a rate equivalent to double the worker’s basic salary.
Labour Code 1997 §§4, 43(3)(b), 43(4)
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EMERGENCY FAMILY LEAVE

The worker who completes three months in continuous service is entitled to a wage during his absence from work due to:
(a) the death of worker’s husband, or wife, or any of the sons, or any of the parents, or any of the brothers or sisters;
(b) the occurrence of a catastrophe or event that prevent him from attending to the work; and
(c) any other reason accepted by the employer.

In the event that a female worker’s husband dies, she shall be entitled to Idda leave to mourn. The relevant period of paid leave shall be counted as from the date of death:
(a) if the woman is not pregnant - four months and ten days;
(b) if the female worker is pregnant - until the date of her confinement, in which case she shall be entitled to maternity leave for 8 weeks as from the date of childbirth.
Labour Code 1997 §§36(2), 48

PART-TIME WORK


General provisions

No provisions specifically regulating part-time work identified.

NIGHT WORK


Criteria for night work

No provisions regulating night work identified, except for restrictions on the employment of women and juveniles at night (see below).

Special categories


Young workers

It is forbidden to employ a young person between the hours of 8pm and 6am.

However, the competent authority may exclude any category of young persons from this prohibition in cases of young persons between the age of 15 and 16 years.
Labour Code 1997 §22(3)

Domestic work

No provisions regulating night work for domestic workers identified.

Women

No women shall be allowed to work between 10pm and 6am, unless:
(a) the woman is employed in administrative, professional, technical work or social or health services work; or
(b) the competent authority, in consultation with the Federal Commission for Manpower, so allows in response to the requirements of public interest, subject to any conditions prescribed.
Labour Code 1997 §20(1),(2)

SHIFT WORK


Criteria for shift work

No provisions regulating shift work identified.

ON-CALL WORK


Criteria

No provisions regulating on-call work identified.

FLEXITIME


Criteria

No relevant provisions identified.

CASUAL WORK


General provisions

Casual workers, being any person who performs temporary work in a factory for a period not exceeding 15 days and of a nature which is not included within the activity performed in the factory, are excluded from the scope of the Labour Code. No other applicable law has been identified.
Labour Code 1997 §§3, 4

SHORT-TIME WORK/WORK-SHARING


General provisions

No provisions regulating short-time work or work sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No right to change working hours identified.

INFORMATION & CONSULTATION


Information

The employer shall fix a list showing the hours of work and the periods of rest for juveniles in a conspicuous place in the place of his work.
Labour Code 1997 §24

Consultation

No consultation requirements identified.

Results generated on: 20th October 2014 at 06:28:33.
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