Sudan

Sources of regulation

Labour relations in the private sector are regulated by the Labour Act, 1997 (LA), while those in the public sector are covered by the Public Service Act, 1995.

Scope of legislation

The following categories are excluded from the scope of application of the LA (sec. 3, LA):

• members of the Judiciary;
• consultants at the Ministry of Justice;
• members of the Armed Forces and the Policy;
• members of the National Security System;
• public employees;
• domestic servants as defined by the 1955 Domestic Servants Act;
• agricultural workers;
• family members of the employer;
• casual workers;

Contracts of employment

There are three types of contracts of employment, which may be concluded (sec. 29(1), LA).

• for a fixed-term;
• for an indefinite duration; and
• to perform a specific task.

Any employment contract exceeding three months must be done in writing by the employer (sec. 28(1), LA).

A fixed-term contract cannot exceed two years and be renewed more than once (sec. 29(2), LA).

The probationary period cannot exceed three months, with the exception of a training period(sec. 29(4), LA).

Termination of employment

A contract of employment may be terminated with notice for such reasons as (sec. 47(1), LA):

• mutual agreement;
• end of a contract concluded for a fixed-term or a specific task;
• the attainment by the worker of the statutory retirement age of sixty;
• total destruction of the enterprise;
• dissolution or liquidation of the enterprise;
• worker's death.

Dismissal

A contract of employment may be terminated in case of the worker's incapacity due to illness established by the medical commitee (sec. 50(1), LA).

An employer may terminate, through serving a notice, a contract of employment concluded for an indefinite duration in case of worker's repeated violations (disciplinary reasons), (sec. 50(2), LA).

The employer is allowed to terminate a worker's contract of employment without any notice (summary dismissal) ( sec. 53, LA), if the worker:

• presents fraudulent documents;
• commits a fault resulting in serious material loss for the employer;
• fails to observe occupational safety and health instructions;
• fails consciously to fulfil his/her contrat obligations;
• divulges industrial or commercial secrets;
• is convicted of an offence damaging to his/her honour, honesty or public morals;
• assaults the employer or seriously assaults his/her supervisor or another worker at the workplace or for a reason related to work;
• is found in a state of inebriation or under the effect of a drug during working hours.

Notice and prior procedural safeguards

The period of notice must be served in writing and its duration, up to one month, depends on the worker's status (for instance, workers with monthly or daily wages, with five or less years of continuous service) (sec. 50(2), LA).

In case of dismissal with notice for disciplinary reasons, the employer has to hand to the worker a letter explaining the reasons for termination of employment and to pay him/her all the entitlements (sec. 51(1), LA).

In case of summary dismissal for serious misconduct, the employer has to submit the conflict to the competent authority[1] for approval before terminating the contract of employment (sec. 55(1), LA).

In case of collective dismissals for economic reasons, the emplyoer must submit to the competent authority a request to reduce the workforce or to close the enterprise for economic or technical reasons. The competent authority consults the tripartite committee for guidance. In case of the public approval received, the employer may dismiss his/her workers, provided that this measure does not prejudice the workers' rights including their right to be notified (sec. 56, LA).

Severance pay

Any worker who has been employed by the same employer for not less than three consecutive years, is entitled to severance pay which is calculated as follows (sec. 60, LA).

• one monthly wage for each year of continuous service of three to 10 years;
• one and a half monthly wage for each year of continuous service of 10 to 15 years;
• one and three quarters monthly wage for each year of continuous service of more than 15 years, without, however, exceeding the amount of wages for 36 months.

Avenues for redress

The worker may appeal his/her dismissal before the competent authority within a period of two weeks as from the date of being notified of the termination of the employment contract (sec. 50(2), LA). If the competent authority disapproves the termination of the contract, it can order the employer to reinstate the worker or to pay him/her compensation equivalent up to six months of wages (sec. 52(3). LA).

The reinstatement and compensation up to six months' wages are awarded to the worker dismissed by the employer before obtaining the approval by the competent authority, when it is required by law (secs. 55(3), 56(5), LA).

Further information

• ILO Natlex Sudan

[1] The competent authority is the Minister of Labour and Administrative Reform of Sudan, or the Governor of the state concerned.