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Sudan - Maternity protection - 2011


LAST UPDATE

8 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

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

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.

Other source used

Social Security Programs Throughout the World - Africa 2011 - Sudan. Published by the Social Security Administration at http://www.socialsecurity.gov/policy/docs/progdesc/ssptw/2010-2011/africa/index.html and accessed 8 December 2011.

MATERNITY LEAVE


Scope

Maternity protection covers all women workers except civil servants, members of the armed forces, domestic servants, agricultural workers, family members of an employer and casual workers.
Labour Code 1997 §3
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Qualifying conditions

A female worker shall be entitled to maternity leave after 6 months of service.
Labour Code 1997 §46(1)

Duration


Compulsory leave

No provision requiring a pregnant worker or new mother to take maternity leave identified.

General total duration

The maternity leave entitlement is to a period of 8 weeks’ leave.

This may be taken as 4 weeks before and 4 weeks after confinement or 2 weeks and 6 weeks after confinement (or 8 weeks after confinement in the event that the worker is on Idda (mourning) leave until the date of her confinement).
Labour Code 1997 §§46(1), 48
Historical data (year indicates year of data collection)
  • 2004: Eight weeks
  • 1998: Eight weeks
  • 1994: Eight weeks

Extension

No provision for the extension of maternity leave identified, except in the case of illness arising from the pregnancy or childbirth.
Labour Code 1997 §§46(1)(c), 47

Leave in case of illness or complications

If a woman is absent due to a medically certified illness resulting from pregnancy or delivery after her period of maternity leave, she is considered as being on sick leave.

Sick leave may be taken for the duration of the illness as certified by a doctor, up to a maximum of 9 months (plus any period of normal leave entitlements the worker has accrued). Following that, the worker shall be considered being on sick leave without pay, until he /she is examined within a reasonable period of time by a medical committee to decide immediately whether he/she is fit to work.
Labour Code 1997 §§46(1)(c), 47

RELATED TYPES OF LEAVE


Parental leave

No provisions establishing an entitlement to parental leave identified.

Paternity leave

No provisions establishing an entitlement to paternity leave identified.

Adoption leave

No provisions establishing an entitlement to adoption leave identified.

RIGHT TO PART-TIME WORK


General provisions

No provisions establishing a right to part-time work identified.

CASH BENEFITS


Maternity leave benefits


Scope

The scope of the cash benefits entitlement mirrors that of the maternity leave entitlement.
Labour Code 1997 §§3, 46

Qualifying conditions

A women worker after the completion of one year`s service from the date of her appointment and for any subsequent year of service.
Labour Code 1997 § 46

Duration

The duration of the cash benefits entitlement mirrors that of the maternity leave (i.e. 8 weeks).
Labour Code 1997 §46(1)

Amount

Female workers are entitled to receive full pay for the period of maternity leave taken.
Labour Code 1997 §46(1)
Historical data (year indicates year of data collection)
  • 2009: Full salary for the period of maternity leave (eight weeks)
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The cash benefits are to be paid by the employer.
Labour Code 1997 §46(1)
Historical data (year indicates year of data collection)
  • 2009: The employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Alternative provisions

No alternative provisions identified.
Social Security Programs Throughout the World - Sudan 2011

Parental leave benefits

No relevant provisions identified.

Paternity leave benefits

No relevant provisions identified.

Adoption leave benefits

No relevant provisions identified.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The Interim Constitution of Sudan 2005 provides that the State shall shall provide free primary health care and emergency services for all citizens and, in particular, provide maternity and child care and medical care for pregnant women.

No laws or statutory provisions establishing such services have been identified.
Interim Constitution of Sudan 2005 - Part Two - Bill of Rights §§32(4), 46
Social Security Programs Throughout the World - Sudan 2011
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HEALTH PROTECTION


Arrangement of working time


Night work

No woman 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)

Overtime

Overtime work shall be optional for women in all cases.
Labour Code 1997 §43(2)

Work on rest days

No relevant provisions identified.

Time off for medical examinations

No relevant provisions identified.

Leave in case of sickness of the child

No relevant provisions identified.

Other work arrangements

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.

The total daily periods of rest for all women shall not be less than 1 paid hour. These periods shall be broken into periods lasting for at least half an hour or more. The duration of work shall not exceed 5 continuous hours without any rest.
Labour Code 1997 §§20(3), 42(3)

Dangerous or unhealthy work


General

It shall be prohibited to employ women in occupations which are hazardous, arduous or harmful to their health, such as carrying weights or assigning women to perform jobs under ground or under water or jobs which may expose them to poisonous material or to temperatures exceeding the normal limits borne by women.
Labour Code 1997 §19

Risk assessment


» Assessment of workplace risks

No relevant provisions identified.

» Adaptation of conditions of work

Every owner of an industry shall take the necessary precautions to protect workers against industrial accidents and occupational diseases.
Labour Code 1997 §94

» Transfer to another post

No relevant provisions identified.

» Paid/unpaid leave

No relevant provisions identified.

» Right to return

No relevant provisions identified.

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

It shall be prohibited to employ women in occupations which are hazardous or arduous, such as carrying weights.
Labour Code 1997 §19

» Work involving exposure to biological, chemical or physical agents

It shall be prohibited to assign women to perform jobs which may expose them to poisonous material.
Labour Code 1997 §19

» Working requiring special equilibrium

It shall be prohibited to assign women to perform jobs under ground or under water.
Labour Code 1997 §19

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

It shall be prohibited to assign women to perform jobs which may expose them to temperatures exceeding the normal limits borne by women.
Labour Code 1997 §19

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The Interim Constitution of Sudan 2005 provides that all persons are equal before the law and are entitled without discrimination, as to race, colour, sex, language, religious creed, political opinion, or ethnic origin, to the equal protection of the law.

It further provides that the State shall:
(a) guarantee equal right of men and women to the enjoyment of all civil, political, social, cultural and economic rights, including the right to equal pay for equal work and other related benefits;
(b) promote woman rights through affirmative action;and
(c) combat harmful customs and traditions which undermine the dignity and the status of women.
Interim Constitution of Sudan 2005 - Part Two - Bill of Rights §§31, 32(1), 32(2), 32(3)

Prohibition of pregnancy testing

No relevant provisions identified.

Protection from discriminatory dismissal

An employer may not terminate the employment of a woman worker during the pregnancy or maternity leave period, unless the employer’s establishment suffers total destruction or certified dissolution or liquidation, or the worker:
(a) remains unable to return to work after her maternity and sick leave entitlements have been exhausted, due to a certified illness;
(b) is employed on a fixed-term contract or a job which ends during the relevant period; or
(c) agrees to the termination in writing, resigns or dies.
Labour Code 1997 §§46(2), 50

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

No express guaranteed right to return to work identified, beyond the prohibition on an employer dismissing a worker without a valid reason during the worker’s pregnancy or confinement period.
Labour Code 1997 §§46(2), 50

Results generated on: 30th September 2014 at 23:55:25.
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