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PUBLIC SERVICE REGULATIONS, 1995
Chapter II: Organization of the Public Service
Chapter III: Wages, salaries, and conditions of service
Chapter IV: Announcement, selection and appointment
Chapter VI: Practical experience, years of study prior to appointment and re-appointment
Chapter VII: Duties of employees and what they are prohibited from Employees' Responsibilities
Chapter VIII: Days and hours of work
Chapter IX: Tasks required of employees
Chapter X: Evaluation of job performance
Chapter XI: Arrangement of employees' seniority
Chapter XIV: Detachment and missions
Chapter XVI: Allowances, bonuses, and incentives
Chapter XVII: Travel privileges
Chapter XVIII: End and termination of service
In the name of Allah the most compassionate and merciful
Regulations of 1995
on The Public Service
In accordance with the mandate entrusted to the
Council of Ministers by virtue of section 54 of the Act on the Public
Service of 1994, and upon the recommendation of the Minister of Labour and
Administrative Reform, promulgating the following regulations:
Name of Regulations and date of commencement
1. These regulations are called "Regulations of 1995 on The Public Service". They shall be observed as of the date on which it is signed.
Annulment and exemption
2.
(1) The
regulations of 1975 on The Public Service are annulled.
(2) Apart from the annulment in (1) above, all the procedures that were taken in accordance with its provisions shall remain valid until they are amended in accordance with the provisions of these regulations.
Application
3. These regulations shall apply on all employees in units according to the interpretation of the unit cited in section 3 of the Act on the Public Service of 1994.
Interpretation
4. These regulations refer to the following:
(a) The sentences and words contained therein shall be used in the same sense given by the Act on The Public Service of 1994.
(b) Unless the context confers another meaning, the meaning of the following sentences and words shall be as follows:Remuneration: This is the monetary sums paid to an employee for the work undertaken by him/her.
Grade: This is one of the job levels which are classified and according to which are arranged public service jobs.
Probation: This is the period during which work is probationary so as to verify whether the employee is fit for employment on a permanent basis.
Personnel on loan: This means sending away any of the workers on loan to work with an international, regional organization or a foreign government.
Seniority: This means the classification of the worker in a seniority list in comparison to others in accordance with the date of appointment or promotion, or order of selection.
Chief of Unit: This is the first executive officer responsible for the unit.
Salary: This is the monetary part of the fixed salary to be paid to the employee, and where there is a lack of a fixed salary scale to the post he /she occupies.
Competent authority: This is the Governor or Federal Minister as the case may be.
The family shall include:
(a) the spouse of the employee or wives as long as they do not exceed four.
(b) the sons of the employee whose ages are under 18 years old or twenty one if they received secondary training or under twenty six if they received post secondary education or who are above eighteen years old but they are not capable because of their physical or mental disability that impedes them from working.
(c) unemployed, unmarried, widowed or divorced daughters.
(d) parents who are dependent on him/her entirely in their living and who is their sole guarantor. A written proof should be provided to the chief of the unit.
(e) brothers and sisters if the employee is the guarantor of the parents as cited in (d).Employee: Any person who occupies a job in the hierarchical structure of the unit to which he/she is appointed in a legal manner.
Act: Act on the Public Service of 1994.
Council: This is the Higher Council for Administrative Reform.
Detachment: Detach any employee from his unit to another unit or to the private sector.
Transfer: This is the transfer of the worker on a temporary or permanent basis within the unit, or outside it, as required by work.
Unit: This is the headquarters of the Ministry, administrative office, agency, authority, body attached to the Federal Government or provincial governments or the bodies of local government or authority, public corporation, or a public sector corporation.Basic Unit: This is the unit to which is initially attached the employee.
Post: This is the sum of duties and responsibilities and authority granted by a competent authority aimed at completing the work entrusted to it so as to achieve the objectives of the unit.
High leading posts: These are the posts of grade three and beyond, similar posts, or other grades determined by the Council of Ministers as superior leading posts.
Other posts: These are the posts of grade seven and lower grades.
Deputy: This is the deputy of the section on The Public Service..
Minister: This is the Minister in charge of the Public Service.
Chapter II: Organization of the Public Service
Organization
5. If there is approval of the projects concerning the organization of any of the units, the deputy shall determine the required job responsibilities in accordance with the mandate, after which he submits a recommendation to the Minister for the necessary measures to be taken in their respect.
Career hierarchical structure
6. Each unit shall have a career hierarchical structure which includes the details of the jobs approved by the budget in accordance with the organizational divisions authorized by the Council of Ministers.
Creating posts
7. Creating positions shall not be created or altered or annulled unless it is for the purpose of meeting specific duties and responsibilities, and in accordance with an effective need for work and in the light of objective criteria and justifications.
Change in post schedules
8.
(1) The authority of making changes in post schedules shall be as
follows:
(a) Superior leading posts: they are determined by a decision by the Council of Ministers upon the recommendation of the Minister subsequent to the request of the competent authority.
(b) Superior posts: they are determined by a decision by the Minister upon the recommendation of the competent authority.
(c) Posts of other grades: they are approved by the deputy upon the recommendation of the competent authority.
(2) In spite of the provisions cited in (1) above, post schedules can be changed within the limits set by the approved financial appropriations in the budget. In case of any change requiring financial appropriations, the agreement of the Minister of Finance should be obtained.
Job description
9.
(1) Each post
shall have a job description. The job categories shall be attached to the
scale of salaries in accordance with each job's importance.
(2) The job description shall be prepared so as to include the specifics of each job as follows:
(a) the address of the job
(b) its grade and position within the hierarchy
(c) the general group it belongs to, quality, and the group of categories to which it belongs.
(d) duties, responsibilities, and its mandate.
(e) the minimum level of scientific qualifications, scientific expertise, and the training required for its being carried out, capacities, and the characteristics required for the work to be undertaken.
Register of Posts
10. Each unit shall keep a register of budget approved posts. This shall include vacant and filled posts. This includes the title, grade, and sector of the post. In the case of filled posts, it shall include the name of the employee, nationality, the kind of service, number, grade, sector, date of appointment, date of latest emolument, last salary, and the date of retirement.
Register of Service
11. Each unit shall keep a special register of Service for each employee. A copy of the register shall be kept in the medical file and the second shall be in the confidential file. These registers of service shall be prepared by the deputy, and approved by the Council.
Writing down information
12.
(1) The
information shall be gradually written down in the register of service
based on official documents provided it is approved by an employee of at
least grade eight, indicating his/her name, signature and date. The basic
information contained therein shall be obligatory and final.
(2) The presidency of each unit shall keep a file for each employee which includes the register of service, all the documents related thereto. A confidential file shall be kept for all employees who hold a post of grade fifteen and beyond.
(3) Distributing the files of employees shall be prohibited to persons other than the chief of the unit or the person responsible for personnel matters unless it is with the knowledge of the chief of the unit or with his/her agreement.
Chapter III: Wages, salaries, and conditions of service
Grades of posts
13. Each post shall be assigned a grade that is indicated in the salary hierarchy authorized by the Council of Ministers.
The initial step of the grade
14.
(1) The employee shall be
granted the initial step of the grade specific to the post. However, the
deputy may determine upon appointment a step other than the initial step
based on the employee's experience or his/her scientific
qualifications.
(2) In the event of a transfer, the employee shall earn the same salary which he earned on the date of his/her transfer.
(3) In the case of associated sectors, the employee shall get the initial step of the specific grade of the post to which he is promoted. If however, the employee does not get a direct financial benefit which comprises of at least one seasonal allowance in the new sector, he/she shall be granted a periodic allowance.
Salary on transfer with different conditions of service
15. The employee who is appointed through transfer from one unit to another or within the same unit so as to fill a post which have conditions other than the conditions set in his/her initial post, shall be given a salary that is calculated on the basis of his/her qualifications and experience in accordance with the conditions of service of the post to which he/she is transferred provided that it does not exceed the maximum limit of the salary of the grade to which he/she is transferred.
Salary of appointment through transfer
16. The employee who is appointed through transfer from one grade to another or at the same grade so as to fill a post of similar conditions of work, and who fulfills the requirements needed for work, and who has a salary at the grade of his/her initial job shall earn a salary that should not exceed the maximum level of the salary of the grade to which he /she is transferred.
Salary on diminishing the grade
17. The salary of the employee may not, on lowering the grade, be less than the salary which he/she earned in the previously held grade.
Disbursement of Salaries
18.
(1) Employees shall be paid a
salary at the end of each month.
(2) The salary or
wages due for any part of the month shall be on the basis of thirty days
in a month.
(3) In spite of (1)
above, the chief of the unit may authorize the payment of employees'
salaries every half a month instead of a month.
(4) The chief of the unit may authorize the payment of salaries in advance as a loan in the following cases:
(a) On the first appointment which is accompanied by a direct transfer from a governorate to another or from a province to another;
(b) At the end of a study mission inside the country or outside it;
(c) On approving the annual holidays of an employee;
(d) On public occasions after the approval of the Minister of Finance.
Loss of salaries
19. Without violating the provisions of these regulations, employees shall lose the right to their salary or any part thereof in any of the cases mentioned below:
(a) Being absent from work without an acceptable excuse;
(b) Being sentenced to prison by a competent tribunal for the entire period of imprisonment;
(c) Being stopped from work by virtue of the provisions of the Act on Employees' Accountability of 1994, or any other Act that replaces it, and which has been indicated in the arrest warrant.
Lapse of time
20. Any requests relating to salaries shall be null and void with the lapse of three years as of the date on which they are due. Rescinding the right of lapse of time may not be authorized.
Chapter IV: Announcement, selection and appointment
Right to compete for selection
21. All Sudanese citizens shall be authorized to compete to be selected to a public post which is announced without any discrimination: based on competence, scientific qualifications, and experience in accordance with the conditions required for the post.
Announcing vacancies
22.
(1) Except for high leading
posts and the posts of entry to service and those posts which can be
filled by promotion, the chief of the unit shall announce all vacant posts
which are approved by the unit's budget, and which need to be filled
through the means of available information for a period of at least 15
days provided that the chief of the unit gives a copy of such an
announcement to the deputy.
(2) The vacancy announcement cited in (1) above shall include the basic information on the post, its grade, and the minimum level of the required scientific qualifications, and the job description while fixing the date and place of examination or interview or both.
(3) Employees in the
public service shall apply to the vacancy announcements through the chiefs
of their units. The latter shall submit these applications to the unit in
which the vacancy occurs within the deadline specified in the
announcement.
(4) The unit which has the vacancy announcement shall
deposit a copy of the announcement cited in (1) above with the competent
labour office.
(5) Applications by employees from outside the public service, and graduates of universities, institutes, & colleges to the announced posts shall be submitted after registration with the competent labour office.
(6) Applicants shall mention their previous experience and qualifications in the employment request, and submit them on examination. No previous experience or qualifications shall be taken into account if submitted after approving the appointment or the signing of the contract if the appointment is made by special contract.
(7) In spite of the provisions of (1) above, the selection committee of the public service shall declare all vacancies in the primary sector for the appointment of university graduates, those of higher institutes, and secondary schools approved in the budget of the unit which is eligible, and as referred to in this section.
Conditions of appointment
23.
(1) The
following conditions are to be fulfilled on the appointment or
re-appointment to a public post:
(i) The applicant shall be Sudanese, though the appointment of non Sudanese citizens under contract may be authorized if a qualified Sudanese is not available to fill the position.
(ii) The age of the applicant shall not be less than sixteen years and not more than sixty years by virtue of a birth certificate or an age certificate issued by the medical committee.
(iii) The applicant shall be medically fit for work by virtue of a certificate by the medical committee provided that the certificate be submitted before starting employment.
(iv) The applicant shall have the minimum scientific qualifications, and practical experience needed for the post provided that original certificates of such qualifications and experience are submitted.
(v) The applicant shall have completed his/her civic service or shall have a certificate of exemption in accordance with the provisions of the Law on The Civic Service of 1992.
(vi) The applicant shall be of good conduct and morality.
(vii) The applicant shall not be previously convicted to prison on a crime jeopardizing his/her integrity, or honesty unless by virtue of a decision of the Council of Ministers upon the nomination of the competent authority. This should be after at least a period of three years as of the date on which the sentence was finished, or dropped.
(viii) The applicant shall not be re-appointed after a termination of service subsequent to a disciplinary decision unless it is after one year as of the date on which termination of service was made. This shall be taken by a decision of the Council of Ministers or Minister as the case may be, and upon the recommendation of the competent authority.
(ix) No re-appointment of an employee whose service ended by resignation shall be made unless after the lapse of six months as of the date on which the service ended.
(x) The service of an employee should not have ended by reason of his/her failure in passing the probationary period unless it is after one year as of the date on which the service ended.
(xi) An employee's service should not have ended because of loss of fitness unless it is upon the submission of a medical certificate issued by the medical committee which attests to the employee's regaining his/her fitness for work.
(2) No employee who has acquired professional or scientific qualifications from a foreign educational or coaching institution shall be appointed unless by virtue of a decision taken by the competent authority in charge of its evaluation.
Re-appointments
Section 24
While observing the provisions of section 23, the re-appointment of an employee at his/her previous grade, and salary may be authorized. However, if the employee obtained a higher scientific qualification or experience, reviewing and upgrading his/her grade and salary may be undertaken.
Personal
contracts
Section 25
In exceptional cases, upon the recommendation of the Minister, the nomination of the competent authority, and the agreement of the Minister of Finance, the Council of Ministers may appoint a Sudanese holding scientific qualifications, and exceptional experience or rare expertise under a special contract for a specific mission or work for a fixed period or periods. The contract shall specify the salary, allowances, and emoluments to be granted to such an employee.
Appointment of Senior Citizens
Section 26
Upon the recommendation of the competent authority, the Minister may agree on issuing a contract with a senior citizen who retired at the mandatory age for a temporary period on the basis of his/her previous salary out of a dire necessity so as to fill a gap or lack of expertise for a period not exceeding five years.
Contracts with foreigners
Section 27
Whilst observing the provisions of section 23 of this Act, hiring foreigners shall be authorized upon the recommendation of the competent authority and the agreement of the Minister and that of the Minister of Finance on the financial obligations arising therefrom.
The mandate approving appointments and re-appointments
Section 28
(1)The mandate approving appointments and re-appointments shall be constituted as follows:
(a) Upon an order by the Council of Ministers, and the nomination of the competent authority, and the recommendation of the Minister in charge of high leading posts.
(b) Upon the decision of the Minister, and the recommendation of the Minister in charge of high leading posts in the federal departments and upon the decision of the governor with respect to high level posts within the provincial units.
(c) Upon the decision of the deputy, or Director General of the province's service, whatever may be the case, and upon the recommendation of the head of the department for grades seven to fourteen.
(2) Appointments and re-appointments to posts of grades of 15 and lower grades shall be approved by a decision of the head of the federal or provincial unit.
Putting the appointment decisions to effect
Section 29
(1) The deputy shall put the appointment and re-appointment decisions to effect with respect to the leading positions in the federal and regional departments and the high grade posts within the federal departments.
(2) The director general of the public service shall put the appointment and re-appointment decisions to effect with respect to the leading posts in the provincial departments.
Date of assuming the duties and responsibilities of the post
Section 30
(1) The duties and responsibilities of the post may not start before the issuing of the acceptance of the appointment or re-appointment by the competent authority in accordance with the provisions of section 28.
(2) The date of commencement of work and the salary or wages due to the employee shall be as of the date on which he/she starts assuming the duties and responsibilities of the post after the approval of the appointment has been issued.
(3) If the employee on his/her appointment resides in a place other than the place where he/she is appointed, the beginning of the service and the payment due to him/her shall be calculated as from the date on which he/she departs the place where he/she used to work to the place where he/she will be working in accordance with the instructions issued respecting the commencement of the new job.
(4) If the employee on his/her appointment is resident abroad, his/her service and the salary shall be calculated as of the date of travel. If no specific date is fixed, his/her service and the salary shall be calculated as of the date on which he/she left the country of residence on learning his/her appointment by a specific means of travel and by the route fixed to him/her by the competent authority.
(5) An employee whose letter of appointment was issued, and who does not commence his/her duties and responsibilities of his/her new job within a maximum period of 45 days as of the date on which the appointment was issued without a legitimate reason, shall be declared null and void. In this case, the competent authority shall notify the authority which issued the appointment of this decision so as to cancel the approved appointment.
Probationary period on appointment
Section 31
Except for persons appointed by a decision of the President of the Republic or the Council of Ministers, an employee who is appointed shall be appointed for an initial probationary period of at least two years of continuous service without absence.
Another probationary period
Section 32
In spite of the provisions set out in section 31, the categories of employees who shall be under probation for a period of at least six months shall be as follows:
(a) Those employees who were re-appointed after successfully completing the probationary period;
(b) Those transferred to another work of a different nature;
(c) Those holding a previous service which is good and similar.
Cases in which promotion,
work on mission or on loan are prohibited
Section 33
During the probationary period, no employee shall be promoted, or sent away on mission or loan or be granted any holidays without pay.
Fixed service
Section 34
An employee shall have his/her service fixed after successfully completing the probationary period on the basis of the performance report and after having successfully passing any examination or test required of him/her during the probationary period.
Date of commencement of permanent service
Section 35
On fixing the employee's service, he/she shall be considered fixed in the permanent service as of the date on which the probationary appointment started.
Non elegibility
Section 36
If the competence of the employee is not proven at the end of the probationary period, he/she is to be transferred to any other administration for his/her re-evaluation during a six month period after which he/she will be considered for permanent service or ending his/her service in accordance with the results of evaluation.
Chapter VI: Practical experience,
years of study prior to appointment and re-appointment
Calculating experience
Section 37
Practical experience prior to appointment and re-appointment shall be calculated as follows:
(a) Identical experience in the public service calculated on a year by year basis and similar experience in the public sector on a year by half a year on the basis of a certificate approved by the chief of the unit.
(b) Identical experience in the private sector calculated on the basis of a year and half a year basis as a minimum and on a yearly basis as a maximum provided that the certificate of experience is approved by the director of the company or undertaking or authority and stamped. This is on one condition that this certificate shall be confirmed by a competent authority fixed by the Minister. The company should be registered under the current law on companies. Applied, technical, and vocational staff may be exempted by calculating their years of full and identical service provided that their experience is confirmed by the relevant government unit.
(c) Identical experience in the public sector or regional and international organizations outside the Sudan calculated on a year by year basis provided that an authentic certificate of experience is submitted as approved by the Embassy of Sudan in that country and authenticated by Sudan's Ministry of Foreign Affairs.
(d) Non identical experience outside Sudan or in the private sector shall not be calculated for any purpose.
(e) Adding identical or similar experience with one another may be added. However, only the total of years of full experience shall be calculated.
Purpose for calculating experience
Section 38
Experience prior to appointment and re-appointment shall be calculated for the following aims:
(a) Fixing the salary on appointment at the beginning of service.
(b) Fixing the salary on re-appointment.
(c) Waiving the condition of a university, and post graduate institute qualification by considering the years of similar or identical experience in any of the public sector units provided that the employee has passed at least six months as of the date of appointment and provided that he/she obtains a recommendation from the chief of unit concerning his/her promotion to the upper section of the extended sector, and that the applicant should have completed any training or obtained a certificate of registration as required by the occupation.
Not going beyond the grade and the maximum level of salaries
Section 39
In all cases, the employee shall not be paid more than the salary of the grade he /she occupies and the maximum limit of the salary allocated thereto.
Certificate of previous experience
Section 40
The certificate of experience prior to appointment shall include at least the full name (four names), date of birth, qualifications or scientific qualifications and the date of obtaining them, the address of the post, its grade, and the authority where he/she worked and the beginning of service, and its end indicating the day, month and year, and the most recent salary and the reasons for end of service.
Years of study
Section 41
For the purpose of fixing the salary, the years of successful study undertaken at a university and or a higher institute before graduation and prior to the date of appointment on the basis of a year by year experience shall be calculated.
Respecting seniority
Section 42
The calculation of previous experience or educational qualifications which are calculated for the purposes mentioned above shall not violate the order of seniority specified in section 68 of these regulations.
Chapter VII: Duties of employees and
what they are prohibited from Employees'
Responsibilities
Section 43
Employees have to undertake the following:
(a) Undertake the work entrusted to them on their own with efficiency, perfection, honesty and objectivity within the limits of their competence. They should allocate some time to the performance of their duties and the responsibilities of the job. They may be mandated to work during non official times if this is for the interest of work.
(b) Observe the official working days and ensure attendance while avoiding absence unless there is an acceptable excuse.
(c) Perform the duties of the job and the tasks entrusted to them in any place whether it is inside the country or outside it. This includes attending training sessions, and participating in symposia, seminars and conferences.
(d) Respect their superiors and treat their colleagues, subordinates, and individuals well.
(e) Obey and carry out the instructions issued by the chiefs within the limits specified in laws and regulations.
(f) Avoid any violation of laws or regulations or any negligence or any excess in its application. If an employee receives an order from his/her direct chief which violates laws and regulations or a matter of this nature occurred as a result of carrying out the orders sent to him/her in writing, the chief is the only person responsible for the implementation of orders issued by him/her, apart from criminal or legitimate violations.
(g) Avoid undertaking work or be dressed in a way that is inappropriate with their status or conflicts with the requirements of the duty or the morals of the profession whether inside work or outside it.
(h) Limit themselves to the work uniform whether this is a special outfit or public outfit whilst taking into account that this outfit should be appropriate, conservative and authorized.
What is prohibited by employees
Section 44
Employees are prohibited from the following:
(a) Misuse the power conferred by the job.
(b) Use the influence conferred by the job.
(c) Accept presents from those interested people who have a direct interest in the activity of the specific unit.
(d) Reveal secrets which comes to their knowledge on account of their jobs. If the information is confidential by its very nature, or if there are instructions specifying confidentiality. The confidential commitment shall be valid even after the end of their service.
(e) Keep a copy of any official document or remove the original or take a copy from the relevant files even if it is specific job entrusted to them, unless it is authorized in writing by the chief of the unit.
(f) Undertake two jobs of the public service at the same time.
(g) Undertake two jobs: in the public service, and in private, or exercise any other occupation unless it is previously authorized in writing by the competent chief of the unit.
Chapter VIII. Days and hours of work
Fixing the days and hours of work
Section 45
(1) The Council of Ministers shall determine the working days in the week.
(2) Whilst respecting the provisions of (1) above, the daily working hours shall be determined in each unit by the decision of the chief of the unit in the light of the nature of work, and the prerequisites of undertaking it provided that it does not exceed forty eight hours, and is not less than forty two hours per week.
Division of working hours
Section 46
The chief of the unit may divide the working hours for any categories of employees or any kind of work so as to ensure employees' rest, and the efficiency of production provided that the normal working hours are not divided into more than two periods a day.
Reducing working hours
Section 47
The working hours shall be reduced by one hour a day for employees fasting during the Holy month of Ramadan, and for nursing mothers for the period of two years as of the date of delivery. Christian employees shall be authorized to start work on Sundays at 10 a.m.
Chapter IX: Tasks required of employees
Work on an ad interim basis
Section 48
(1) The chief of the unit or his/her delegate may entrust employees to perform a task on an ad interim basis after fulfilling the following conditions:
(a) The job should be at the level of the employee who is entrusted to do the work or a higher level not exceeding two steps.
(b) The job should be vacant or its holder absent for a period that is not less than the annual holidays due.
(c) The job should not be one of the jobs that can be undertaken through distributing the work.
(d) The employee should perform effectively the duties and responsibilities of the job.
(e) The employee should not be entrusted to do more than one job on an ad interim basis whether he is entirely ready to do so, or if it is in addition to the tasks of his/her initial job.
(f) The period of work should not exceed two years.
(2) If an employee fulfills the conditions specified in this section, he/she will be disbursed an allowance sum for the ad interim work for every month as of the day he/she was entrusted with the job, which is decided upon from time to time by the Minister in agreement with the Minister of Finance.
Overtime work
Section 49
(1) The chief of the unit or his/her delegate may entrust in writing any of the tasks to employees of grade ten or lower grades to work after official working hours or on official holidays so as to undertake overtime work with the following conditions:
(a) Overtime work is not commissioned unless it is urgently needed in accordance with work requirements and its conditions.
(b) Commissioning overtime work is reviewed with what has been achieved in a period not exceeding three months.
(c) The total overtime working hours for vehicle drivers shall not exceed 180 hours per month and for the rest of employees, 120 hours a month unless approved by the competent authority upon the recommendation of the chief of the unit.
(d) The overtime permit shall include the name of the employee, the title of the job, its grade, the number of overtime hours a day or on official holidays and the mission which is to be completed, its duration, date of beginning, its end, and the administration or division.
(e) Registration of overtime working hours should be made on the form prepared by the deputy indicating the reasons for this work and the accumulation of all such hours at the end of each month.
(f) Employees who are commissioned to do overtime hours shall be paid overtime wages on a monthly basis.
(g) The total paid to an employee shall not exceed three quarters of his/her monthly basic salary as a maximum except for drivers of vehicles.
(2) In spite of (1) above, overtime pay shall not be given to employees of grade ten and lower grades, who occupy office jobs or in jobs of an office nature unless they provide a direct service to the public or collect revenue for the State.
Official missions
Section 50
(1) The chief of the unit may entrust any of the employees to travel outside his/her place of work so as to undertake a specific mission inside the country on the following conditions:
(a) The duration of the mission should not exceed six months. It may be extended upon the recommendation of the chief of the unit and the approval of the competent authority if this is required by work.
(b) If it is not possible for work to be completed by one of the unit's employees in the area in which the mission is to be undertaken.
(c) The mission, the duration required for its completion, the date of commencement and its expected end, and the means of travel shall be fixed before issuing the mission order.
(2) The employee shall be paid a mission allowance inside the country in the following cases:
(a) When the employee is sent away on an official mission outside his/her workplace.
(b) When he/she is called back from vacation for the duration of the travel.
(c) If he /she is sent away from his/her workplace to another place for training or to a symposium or official conference or a mandatory examination or a medical check up by the medical committee or participate in an official committee.
(d) If he/she is on travel to serve as a witness before a tribunal if he/she is requested to do so in a case in which the State is a party.
(e) If his/her workplace is outside Sudan, and he /she is entrusted with a mission inside the country after the approval of the head of the Diplomatic Mission or the competent authority.
(3) The mission allowance shall be paid daily and per category as decided upon by the Council of Ministers upon the recommendation of the Minister and the approval of the Minister of Finance.
(4) For the purposes
of the mission allowance, a day is 24 hours or less than 24 hours provided
that it includes six hours as a minimum from 6 p.m. and 6 a.m of the
following day.
(5) The employee who spends at least 12 hours on a mission outside his workplace shall be paid half of the allowance due to him/her equal to that of employees of the same grade.
Fixing the categories of the mission allowance
Section 51
Upon the recommendation of the Minister of Finance, the Council of Ministers may amend the categories of the monthly allowance from time to time, if the need arises.
Mission outside the country
Section 52
(1) Upon the nomination of the competent authority, the Council of Ministers may send any of the employees away on a mission outside the country to undertake a specific mission provided that:
(a) It does not exceed three months as a maximum.
(b) The mission can not be undertaken by one of the employees at the Diplomatic Mission in which the mission takes place.
(c) The employee who is sent away on a mission outside the country shall be provided with air tickets. He shall be paid the specified residence allowance, and incidental expenses for the mission in addition to the duration of the trip in the categories set down by the Council of Ministers. This shall not be paid unless it is for the days required for the completion of the mission.
(2) In spite of
paragraph (c) of (1) above, in the case where the requesting body assumes
the cost of residence, the person who is invited on a mission shall be
paid incidental expenses as set down by the Council of
Ministers.
(3) If the requesting body is the body that assumes part of the residence costs, the employee has the right to spend the difference between the expenses paid for by the State and the expenses paid for by the body extending the invitation.
Working in another unit
Section 53
Any of the employees may be entrusted to work in a unit other than his/her unit with the approval of the authority with which he/she is working, and the second authority for a period that does not exceed six months provided that his/her basic unit assumes his/her salary, privileges, and career obligations during this period.
Amending incidental and residence allowances
Section 54
The Council of Ministers may, by one of its decisions, and upon the recommendation of the Minister, and the approval of the Minister of Finance modify the categories of the residence allowance in the case of a mission outside the country.
Non validity with lapse of time
Section 55
All requests relating to missions shall no longer be valid after one year as of the date of submission.
Chapter X: Evaluation of job performance
Performance reports
Section 56
An evaluation report shall be prepared for each employee, on a yearly basis or for at least six months. This shall be made on the form specific to the job category, prepared by the deputy and agreed upon by the Council.
Evaluating the performance of employees occupying high leading posts
Section 57
Any employee occupying a high leading post shall note down his/her achievements for the evaluation period on the form prepared for this purpose, and submit it to his/her immediate superior who would discuss it with him/her, amend it and add any other elements relating to behavior, leadership skills, and capacity of being evaluated. The evaluation report is then submitted to the chief of the unit for review, and final adoption.
Preparing reports on job holders in posts lower than leading posts
Section 58
The immediate superior shall prepare an evaluation report on employees occupying posts lower than leading posts.
Performance evaluation Committees
Section 59
(1) The chief of the unit shall set up relevant committees, composed of three employees provided that its president shall be at the highest level of the direct chiefs to review the performance evaluation reports for each employees' group which are competing to fill one of the posts which is lower than the leading posts, and amend it if need be.
(2) The committee may refer to the information available in the service file, and take into account factors such as absence, regularity, sick leave, administrative violations, penalties or any other factors relating to performance evaluation in addition to the knowledge of its members of the personalities of the direct chiefs.
(3) The committee may compare between the category of jobs, and bring in amendments which are suitable in the performance evaluation form provided that the evaluation finally reveals positive and negative elements.
Adoption of reports
Section 60
The chief of the unit shall adopt the performance evaluation reports of those occupying jobs lower than the leading posts in the final form or the chief of the basic unit finally approve the performance evaluation reports for all employees who are on the unit's general register.
Performance evaluation on finishing the probationary period or transfer or loan
Section 61
(1) A performance evaluation report shall be prepared for all employees on finishing the probationary period, transfer, or finishing the period of assignment through the unit he/she is transferred from, or assigned to, or the unit he/she is working at.
(2) The basic unit shall prepare performance reports on employees who are on mission, assignment or on loan by referring back to the reports which come in from the bodies at which they work or cultural offices they are attached to, and the performance reports prior to their mission or loan.
Minimum period for evaluation
Section 62
The direct chief may not prepare a performance report for employees unless they have passed at least six months with him/her. If the period is less, the former chief or the superior as the case may be shall prepare the report.
Evaluating a job with more than one chief
Section 63
If an employee has spent with a direct chief a period of less than six months, the superior may request the help of the previous direct supervisors or one of them . If this is not possible, he/she shall prepare the report himself/herself.
Prohibiting the preparation of performance evaluation reports by employees of the same grade
Section 64
An employee shall not be allowed to prepare any performance evaluation report for any employee of the same grade even if he/she is entrusted to do a job that is higher than his/her grade on an ad interim basis.
Grades and estimates
Section 65
The grades are allocated according to the estimates of job performance evaluation as follows:
(a) Excellent 95-100
(b) Very good 85-94
(c) Good 70-84
(d) Satisfactory 60-69
(e) Not Satisfactory 59 and below
Notifying employees of their non satisfactory reports
Section 66
(1) An employee shall be notified
in writing of a non satisfactory performance evaluation report in which
the reasons are indicated. An employee may appeal to the chief of the unit
within two weeks as of the date of notification. The chief of the unit may
send this report back to the performance evaluation committee for review,
and submit it once again for endorsement.
(2) If an employee obtains an
excellent performance evaluation report, the reasons for this evaluation
should be given on the basis of his/her performance and achievements
during the evaluation period.
Carrying out Evaluations
Section 67
(1) The employee responsible for personnel matters in the unit shall fill out the first part of each employee's performance evaluation report which concerns basic information. He/she will then submit it to persons in leading posts or direct supervisors who occupy posts in lower grades at least two months prior to the expiry date of the annual allowance.
(2) An employee who is occupying a leading position shall fill out the second part concerning his/her personal achievements within two weeks of receipt of the form. He /she will then submit it to his/her direct supervisor for comments, views and evaluation in the third part of the form during the three week period and then submit it to the chief of the unit.
(3) Direct supervisors shall evaluate persons occupying posts other than leading posts and submit such reports to the chief of the unit within three weeks as of the date of receipt of the form for review by the Department evaluation committees.
(4) The work of the evaluation committees shall begin without delay so as to ensure that the performance evaluation reports are prepared and approved by the chief of the unit within a week of the expiry date of the allowance.
Chapter XI: Arrangement of employees' seniority
Section 68
Each unit shall keep a register of the names of employees indicating the jobs occupied, grades, and seniority in accordance with the following rules:
(a) Employees' seniority shall be arranged according to the date of appointment in the grade or in accordance with the date of promotion as the case may be.
(b) If the date of the appointment is the same, seniority is decided upon according to the order of selection on appointment. If they are the same, seniority is set according to the qualifications or professional selection consecutively.
(c) If the date of promotion is the same, seniority is set on the basis of the order of selection, if they are the same, then it is set according to the order of selection in the previous grade, if they are the same, then as per the date of promotion or the order of selection in the previous grade consecutively.
(d) On re-appointment, or transfer from one unit to another, the employee shall not keep his/her seniority unless the re-appointment or transfer is made on the basis of a previous request by the unit of announcing the job, and the selection style was followed. Apart from this, he/she will be placed at the end of the seniority list.
(e) The competent authority shall determine the order of seniority upon the agreement of the Minister in the case of the re-appointment of employees in leading posts.
Ways in which promotion is made
Section 69
(1) The promotion shall be made upon ordinary competition. It may be determined upon passing a competitive examination for a third of the vacant posts listed for promotion to grade four, and lower grades.
(2) The competent authority shall determine the jobs which may be filled through competitive examination for grades four to six, while the head of the unit shall determine the jobs of grade seven and lower grades.
The provisions concerning promotion
Section 70
(1) Promotion shall not be made unless there is a vacant post of a grade higher than the grade previously held in the job hierarchical structure of the unit in question.
(2) The competent authority or head of the department in question shall decide on the promotion region for each grade separately before the promotion committees start their work or prior to the carrying out of the examination, as the case may be, provided that the delays are not less than the following:
(a) Three years for holders of grade one to six or its equivalent.
(b) Four years for holders of grade seven or its equivalent.
(3) The specified deadlines for promotion from grade nine to grade eight for applied professionals or technicians who are university or polytechnic graduates shall remain unchanged.
(4) Before promotion committees can start their work, the Personnel section of the unit shall prepare the following information:
(a) A list of the number, titles, grades, and regions in which the vacancies occur.
(b) A list of eligible employees for promotion who fulfill the conditions for promotion for each grade separately provided that the list indicates the scientific qualifications, the date of appointment or re-appointment, the date of occupying the current grade, and any other relevant information. The lists should be signed by a person from the personnel section within the unit, and approved by the head of the unit or his/her delegate. The lists should also clarify, in the case of ordinary promotions, employees on loan, on mission, and employees on unpaid leave, as well as the dates on which such periods end.
(c) Confidential files which include performance reports for the last two to three years according to the region of promotion in addition to the ordinary files.
Competing for promotion
Section 71
(1) No employee may compete in an ordinary promotion or upon examination unless the following conditions are met:
(a) An employee should have spent the minimum number of years in the grade specified in section 70.
(b) An employee should have completed a training session required by each unit in collaboration with the authorities competent in training.
(c) An employee should have passed any examination or test required of him/her.
(d) An employee's performance report of the previous year should be rated as satisfactory or has a higher note.
(2) Exemptions to section (1) (a) are categories of personnel who are promoted in accordance with deadlines such as the conditions of acquired experience.
(3) An employee who is under arrest has the right to compete for promotion, if he/she is chosen, the job which he /she shall be promoted to shall remain vacant and no announcement of such a vacancy shall be allowed until a decision has been issued of his/her innocence. If he/she is convicted, the head of the unit may decide to postpone the promotion for a period not exceeding six months as of the date on which his/her colleagues were promoted.
(4) An employee on unpaid leave may not compete for promotion unless he/ she has returned effectively to work for a period at least six months in the grade below the grade of promotion before the beginning of the leave or its end, and after at least one performance report has been made thereon.
The right to compete by employees on detachment, loan, and mission
Section 72
Employees on detachment, loan or mission in an educational or training mission have the right to compete for promotion.
The composition of promotion committees
Section 73
(1) In the case of promotion to high leading posts, and high level jobs, the competent authority shall be composed of a committee of three which shall submit their recommendations, provided that one of the committee's members is from outside the unit.
(2) In the case of promotion to other grades, the head of the relevant unit sets up a committee of three members so as to provide him/her with its recommendations.
(3) The grades of the committee's members should not be less than the grades of posts for which promotion is to be decided upon.
Organization of competitors for promotion
Section 74
The Promotion Committees shall organize the competing employees, according to the total score each competitor holds. If they are all equal, the seniority rule in the previous grade shall be the decisive factor in the selection of the candidate to be promoted.
Criteria for selection for promotion
Section 75
The evaluation and selection of competing candidates for ordinary promotion shall be based on merit, and in accordance with the following elements of evaluation:
(a) 70% for on-the-job performance based on at least two performance reports according to the region of promotion.
(b) 20% for scientific qualifications provided that 15 grades of which will be due to the basic qualifications, and five grades to additional qualifications in accordance with the specification set down by the deputy while taking due account of the following:• For the sake of estimating the scientific qualifications, the university degree is taken into account in jobs to which appointment is made on the basis of a university degree, and post graduate qualifications.
• Pre university years of study on the basis of which the appointment was made shall not be taken into account.(iii) 10% for seniority; 3 grades of which is seniority in service, and 7 grades for seniority in the grade. They shall be awarded to the most senior competitor as the case may be, provided that the grades will lessen for those who follow them according to their seniority.
(iv) Whilst observing the provisions of paragraph 1, 10 additional grades on top of the grades for job performance on account of eligibility with respect to high leading posts shall be granted by the committee responsible for reviewing performance reports whilst taking due account of the following:(i) The adequacy of scientific qualifications and specialized expertise.
(ii) Leadership traits and capacity for taking sound decisions.
(iii) The capacity to lead & train employees of lower ranks.
Reserve list for promotion
Section 76
The Committee may recommend a reserve list of no more than four persons for each grade. The four persons on reserve may be promoted to jobs which become vacant within a maximum period of six months as of the date on which the Committee submits its recommendations.
Promotion through competitive examination
Section 77
Whilst observing the provisions of section 69 in the case of promotion by examination, written or practical examinations or both are taken into account in accordance with the nature of work. They shall be undertaken as follows:
(a) Examinations, its conditions, and the vacant jobs to be filled through examination shall be announced. The examination shall be made at least two months as of the date on which it is fixed provided that the announcement mentions the number of vacant posts, their titles, grades, areas in which they occur, the date on which examinations are held, and conditions to be fulfilled by applicants.
(b) The examinations shall mainly focus on the substance of the jobs to which there will be promotion and the basic relevant information in addition to bringing out the specific skills and capacities of the competitors.
(c) The head of the unit shall set up a committee composed of three employees for the setting of examinations, their supervision and the evaluation of results provided that one of the employees is from outside the unit.
(d) Employees who fulfill the conditions of promotion and who indicate an interest in sitting an examination for promotion shall submit an application in writing to the heads of their units.
(e) The unit shall review and verify the applications besides checking the conditions of the vacancy announcements and discard those who do not fulfill the conditions and requirements of the exams in addition to verifying the correctness of the information by referring to the files and records.
(f) The order of the competing applicants shall be arranged according to the total notes each of them obtains. The promotion shall be granted according to this order.
(g) The competent unit in charge of the examinations and the replies of those examined shall be kept for at least a year as of the date on which the results were announced.
The authority responsible for granting promotions
Section 78
The authority granting the promotions shall be composed of the following:
(a) The President of the Republic or Council of Ministers upon the recommendation of the Minister, and subsequent to the nomination of the competent authority for high leading posts.
(b) The competent authority for grades four, five and six.
(c) The head of the unit for grades lower than six.
Complaints for transgression
Section 79
Whilst observing the provisions of section 82, and without jeopardizing the employees' right to appeal to the personnel ombudsman, any employee who suffers from a promotion decision may submit a complaint to the authority granting promotions in accordance with the provisions of section 78 within sixty days as of the day on which the decision was taken. The cited authority should reply within thirty days as of the day on which the complaint was received. The complaint is considered to have been rejected if there is no reply within this deadline.
The authority carrying out the promotions
Section 80
(1) The deputy shall
take the measures of carrying out the decisions concerning the promotions
of grade fourteen and higher grades for the federal units in the manner
specified by the rules on promotions as set out in these
regulations.
(2) The director
general in charge of the service in the provinces shall take the measures
of carrying out the decisions concerning the promotion of grades fourteen
to four for federal units in accordance with the specified rules on
promotion.
(3) The head of the unit shall take the necessary measures so as to carry out the decisions concerning the promotion of grades seventeen to fifteen in accordance with the specified rules on promotions.
The date on which promotions enter into force
Section 81
(1) The promotion
shall enter into force as of the day on which the new work of the employee
who was promoted starts, after the issuing of the promotion decision.
(2) For the purposes of (1), an employee on assignment, loan, or mission is considered to have commenced the tasks required of the position to which he/she was promoted, as long as the mission, or assignment is still ongoing.
Lapse of time
Section 82
No employee may appeal to the ombudsman against a promotion decision unless it is after ninety days as of the date of the decision or the date on which the complaint is rejected in accordance with section 79. This period can not be rescinded.
Measures involving transfer
Section 83
Employees may be transferred once a year so as to acquire experience and for the interest of work in accordance with the following principles and rules:
(a) The nature of work should be in conformity with the qualifications of the person in question.
(b) Respecting the distribution of job opportunities in distant regions.
(c) Giving the opportunity to the employee to work with more than one chief and one subordinate.
(d) Giving due consideration to the employee's preference in working in a specific country whilst observing the public interest.
(e) Taking due account of the employee's family and health conditions.
Transfer within the same unit
Section 84
(1) The chief of the unit may transfer any of the employees to occupy any of the posts attached to the unit if this is for the interest of work.
Transfer from one unit to another
Section 85
(1) An employee may finally be transferred from one unit to another with the same grade and salary.
(2) The transfer may be accompanied by a promotion for the public interest after the approval of the Minister and subsequent to the recommendation of the competent authority.
(3) Employees shall be transferred from one unit to another in accordance with the following:
(a) Employees occupying leading posts shall be transferred upon a decision of the Council of Ministers, upon the recommendation of the Minister.
(b) Employees occupying high posts shall be transferred with the approval of the competent authority in each of the two units.
(c) Employees occupying posts of other grades shall be transferred with the approval of the heads of both units.
Implementing the decisions of the final transfer
Section 86
The chief of the unit shall implement the decisions of the final transfer, and the deputy shall be notified thereof.
The
date of closing the registration of employees
who are finally
transferred, and fixing the transfer
Section 87
The date of registering an employee who is finally transferred from the basic unit and the date of noting his/her registration in the job registers of the unit to which he/she transferred should be the same.
Chapter XIV: Detachment and missions
Detachment
Section 88
Whilst observing the provisions of section 33 of these regulations, any employee may be detached with his/her agreement from one unit to another, or to a body or public undertaking, or the private sector for a specific period with the following conditions:
(a) The period of detachment shall be for one year to be renewed provided it does not exceed five years throughout the employee's service. This period may be divided.
(b) In the case of ending his/her detachment, the employee may not be detached once more unless after having spent two years in the service of the basic unit.
(c) Employees detached shall be regulated administratively by the body to which they are detached concerning their supervision, and the drafting of reports on their performance . The body to which the employee is transferred should submit the basic unit periodic reports on the employee's performance and another report at the end of the detachment.
(d) An employee may not be detached to a job that is below the grade of his/her initial job. In the case of his/her detachment to a higher job, the employee shall be granted the salary of the higher grade.
Personnel on loan
Section 89
(1) Whilst respecting the provisions of section 33 of these regulations, any of the employees may be sent away on loan with his/her agreement to work with a foreign government or body, international or regional organization for a specific period.
(2) The duration of such a mission shall be for one year to be renewed for a total period not exceeding five years throughout the employee's service.
(3) The duration of such a mission may be divided into two periods separated by a service of at least one year at the basic unit.
(4) In spite of (2) above, the Council of Ministers may for the public interest exempt any of the employees from this period upon the request of the competent authority, and the recommendation of the Minister.
Ending the detachment and assignment periods
Section 90
(1) The body to which the employee is assigned may end the assignment if this is in the interest of work on the condition that both the employee and the unit which sent him/her away on assignment are notified at least a month before its end unless there are reasons that justify an immediate end thereto.
(2) The body which sends the employee away on assignment or detachment may end this assignment or detachment if this is in the interest of work on the condition that both the employee and the unit to which the former is assigned or detached are notified as the case may be. The basic unit to which the employee is attached shall in this case assume part or all of the salary of the employee who is on assignment or detachment and his/her allowances and privileges.
Rights of employees on assignment or detachment
Section 91
An employee shall be paid his/her salary, allowances and any other privileges during the period of detachment, or when on assignment by the body that has requested the detachment, or the body to which he/she is on assignment unless specified otherwise by the public interest, and after having obtained the approval of the authority that authorizes the detachment or assignment as the case may be. This is on the condition that the basic unit shall assume all or part of the salary of the employee who is on assignment or detachment or his/her allowances and privileges.
Post service commitments
Section 92
The body to which the employee is detached or on assignment shall pay the pension on the basis of the nominal salary, and any amendment made thereto in the original unit. If the latter does not agree, the employee shall be responsible for the payment of all the pension installments.
Filling the post of employees on assignment or detachment
Section 93
When the employee is detached or on assignment either inside the country or outside it, the post is not vacant though it may be filled provided it is made available on his/her return or if he/she returns to another post of the same grade similar to his/her former post.
Need to fill the post
Section 94
In the case of the need to fill a post during the period of detachment or when on assignment, the chief of the unit which has sent away the employee on detachment or assignment requests the deputy to create a post that is above the proposed budget without a financial allocation so as to be paid against it during the period of detachment or when on loan.
Promoting the employees on detachment and on assignment
Section 95
An employee who is
detached or on assignment may be selected during the period of detachment
or on assignment for a permanent post in the basic unit provided that
he/she will be notified of the promotion before its announcement so as to
obtain his/her commitment or the body to which he/she is detached so as to
accept all the monetary consequences resulting from the promotion in order
to complete the nominal promotion. If this does not occur, a request is
made so as to end the employee's detachment or assignment.
Nominal promotion
Section 96
When there is a nominal promotion of an employee who is detached or on assignment, the basic unit shall request the endorsement of the deputy by increasing his/her nominal grade over the approved budget, and without financial allocations to the level he/she is promoted to.
Approving assignment
and its renewal
Section 97
(1) The approval of assignment shall be made as follows:
(a) By a decision of the Council of Ministers upon the recommendation of the Minister and the agreement of the competent authority for the holders of leading posts.
(b) By a decision of the Minister with the agreement of the competent authority for holders of high grade posts at the federal units, and by a decision of the governor for holders of high grade posts in the governorates after the agreement of the concerned parties.
(c) By a decision of the deputy, and with the agreement of the chief of both units for the holders of posts of other grades in the federal units, and by a decision of the director general of the public service at the governorate for holders of posts of other grades in the governorates, and after the agreement of the concerned parties.
(2) The approval of renewing the assignment shall be made in the following manner:
(a) Through the Minister with the agreement of the competent authority for holders in leading posts.
(b) Through the deputy with the agreement of the chief of both units for holders of posts lower than leading ones for employees in the federal units and the director general of the public service at the governorate for employees within the governorates, after the agreement of the concerned parties.
Approving the decision of sending personnel away on loan and its renewal
Section
98
(1) The approval of sending away personnel on loan shall be as follows:
(a) By the Council of Ministers with the agreement of the Minister and the recommendation of the competent authority for holders in leading posts.
(b) By the Minister upon the recommendation of the competent authority for holders of lower posts than leading posts.
(2) The renewal of the mission shall be made as follows:
(a) Through the Minister upon the recommendation of the competent authority for holders in leading posts.
(b) Through the deputy upon the recommendation of the chief of the unit for holders in lower posts than leading posts.
Implementing the decisions concerning personnel on assignment, and on loan
Section 99(1)
(a) The deputy shall
carry out the decisions of the mission and its renewal in accordance with
the provisions of section 98.
(b) The deputy or director general of the
public service at the governorate as the case may be shall carry out the
decisions concerning personnel on assignment and its renewal in accordance
with the provisions of section 97.
Annual holidays
Section 100
The employee shall be entitled to annual holidays for each year of service with full pay in accordance with the table on holidays hereto annexed (No. 1).
Work considerations
Section 101
The duration of the annual holidays due to the employee shall be subject to work considerations as specified by the competent authority or the chief of the unit.
Beginning of holidays
Section 102
The employee shall have the right to annual holidays at the end of each calculated year for the purposes of holidays though the chief of the unit may approve such holidays in advance or at any time after the end of the probationary period. If he/she leaves the service before the end of the period for which he/she has annual holidays, he/she should pay the equivalent of the difference in holidays which is in excess of his/her entitlement.
Maximum holidays
Section 103
The annual holidays enjoyed by an employee in one year should not exceed the double of his/her annual holidays due to him/her, and should not be exceed 90 days. It may be divided.
Cases of Force Majeure for putting an end to holidays
Section 104
The chief of the unit may not limit or postpone or cancel or put an end to the holidays he/she approved unless it is for cases of force majeure imposed by work. In such a case, the employee shall be entitled to the rest of his/her holidays during the same year including the period of travel if applicable.
Maximum period for postponement
Section 105
The holidays may not be postponed for more than one year in any case whatsoever.
Rights when requesting the holidays or their postponement
Section 106
In the case of postponement of the annual holidays after having requested it for work reasons with the agreement of the chief of the unit, the employee shall have the right to his/her full holidays for the two year period in the following year.
Plan of holidays
Section 107
Each unit shall
prepare an annual plan which sets out employees' holidays in such a way as
to enable them to enjoy their holidays without disrupting the flow of
work. The plan shall include the name of the employee, the date of the
commencement of the holidays, its duration, the date of its termination,
and the name of the employee who fulfills his/her duties and
responsibilities during his/her absence in addition to other details. The
chief of the unit may review the plan of holidays as required by the
conditions of work.
Least delay between the request of the holidays and its commencement
Section 108
An employee shall request his/her annual holidays according to the plan of holidays at least ten days before the suggested date of commencement unless it is in a case of force majeure agreed upon by the chief of the unit.
Beginning of holidays and its end
Section
109
The holidays shall start from the date approved and ends on the day prior to the fixed day for the employee's return to his/her work.
Duration of travel
Section 110
When the annual holidays are approved, the employee shall have the right to the duration of a return journey i.e.between his/her workplace and any place inside the country at least once a year, set according to the distance of the place, and the time taken in order to reach it provided it does not exceed ten days. In cases of force majeure, when an employee is delayed during the trip, and if this is certified by the competent authority, the same days causing the delay shall be granted and counted as duration of travel.
Authority approving the holidays
Section 111
The chief of the unit shall approve all the annual holidays for employees. If the former is away on holidays, it is the direct supervisor that approves the request of holidays.
Periods for which there are no holidays
Section 112
No employee shall be entitled to holidays in his/her basic unit for the duration of the following:
(a) Any leave without pay.
(b) Stopping work in the case of conviction.
(c) Being sent away on loan to, or an assignment with another body.
(d) The period of imprisonment spent by an employee so as to carry out a sentence issued against him/her by a competent tribunal.
Holidays as part of the annual holidays
Section 113
If the period of holidays includes official holidays or any kind of holidays, it shall be an integral part thereof.
Uncertified
leave
Section 114
(1) The chief of the unit may grant the employee uncertified leave in cases of force majeure which will not exceed seven days in total per year.
(2) This uncertified leave may not be added, and the right thereto shall be dropped after one year within which the employee was entitled.
Days of holidays
Section 115
An employee is entitled to holidays with full pay on weekly rest days and official holidays decided upon by the Council of Ministers.
Sick leave
Section 116
An employee shall be entitled to a rest period as required by sickness based on a medical report certified by the official medical authorities determined by the unit, provided that the duration of the sick leave will be deduced from the duration of the sick leave specified in section 117.
Right to sick leave
Section 117
(a) An employee is entitled to a sick leave in the following manner:
(a) Three months with full pay.
(b) Six months with half pay, after the first three months.
(c) Three months with a quarter of a pay.(b) An employee should be followed by the medical authorities in the region he/she is being treated. The authorities should also provide the unit in which the employee works a report on his/her state of health at the beginning of each month.
(c) If the period of sickness exceeds one continuous year or the sum of a year of sick leave within two years, the employee shall be checked by a medical committee so as to decide the extent of fitness for work. The employee shall not be paid any salary for the supplementary period.
(d) If an employee has not completed a full year in service, he/she has the right to a sick leave calculated according to the duration the employee spent in service.
(e) The medical report referred to in section 116, and which shall be submitted by the competent medical authorities to the chief of the unit shall be confidential.
(f) An employee shall not have a sick leave with reduced pay unless he/she has used all his/her entitlements of annual holidays.
Sick leave during holidays
Section 118
(1) An employee who was granted holidays for the sake of treatment or if he/she fell sick during the holidays may not be absent from work beyond the authorized period unless it is based on the recommendation of the official medical authorities.
(2) If the official medical authorities estimates that the employee is not fit for work after the authorized holidays have finished, it is up to the medical authorities to calculate the number of days as of the first day of the medical examination and which it deems necessary for the employee to return to his/her work.
(3) If the chief of the unit requests a medical for an employee, the medical authorities will give their opinion on his/her fitness for work, and the possibility of the employee's return to work on a specific date.
Occupational leave
Section 119
(1) An employee who suffers from an occupational disease or accident which prevents him/her from doing his/her work, as a result of performing his/her duties without negligence shall be entitled to an occupational leave on a temporary basis instead of the sick leave. This should not be exceed twelve months with full pay based on a medical report submitted by the medical committee.
(2) If an employee does not recover within the period specified in (1) above, he /she shall be granted a supplementary period with full pay, not exceeding six months subject to a report by the medical committee.
(3) If an employee does not return to work at the end of eighteen months according to (1) and (2) above, the chief of the unit shall request from the above mentioned medical committee a statement confirming the employee's unfitness for work; in such a case, the employee is fired for this reason or give an expected date of recovery, and the employee's return to work within a period not exceeding six months to resume his/her work.
(4) If an employee has finished all the sick leave mentioned above, he/she may request that this leave be deduced from his/her annual holidays provided it does not exceed ninety days. If an employee does not return to work after such a leave, then his/her service shall be ended.
Sick leave when abroad
Section 120
(1) An employee who has been granted sick leave for treatment abroad has to contact the diplomatic mission abroad or the medical councillor of the Government of Sudan in the country in which he/she is receiving treatment so as to obtain a medical report on his/her state of health.
(2) In the absence of a
diplomatic mission or a medical councillor of the Government of Sudan in
the country in which the employee is receiving treatment, it is the unit
that shall certify the medical report submitted by the doctor who was
responsible for the employee's treatment provided that this report be
certified by the Ministry of Foreign Affairs in the country in
question.
Procedures of a medical examination abroad
Section 121
An employee may not spend more than the authorized period of his/her holidays abroad. He/she should immediately notify the basic unit if his/her sickness shall hinder him from moving and traveling upon the recommendation of the treating doctor. Such a recommendation should be certified by the approved official authority.
Sickness form
Section 122
The information relating to the diagnosis of the sickness, treatment, duration of sick leave, its dates shall be noted on the sickness form prepared by the deputy whilst taking due account of the rules cited in Chapter V of the Regulations of 1995 of the Medical Committee in the following manner:
(a) The sickness form shall be provided in three copies by the person in charge of personnel matters at the unit, or the branch attached to it or the direct chief in the field where there are no personnel units. The chief should be occupying at least a post of at least grade eight or its equivalent.
(b) The person responsible for the personnel section should record precisely the sick leave in the register of service, and keep the sickness form in the service file.
Leave for accompanying a patient
Section 123
(1) An employee who has to accompany a patient for treatment inside the country or outside it shall be authorized to do so by drawing from his/her balance of annual holidays provided it does not exceed ninety days. If the required period for accompanying the patient exceeds this limit, he/she may be granted holidays to be drawn from the balance of the following year. Any period exceeding this limit will be considered as leave without pay based on the following conditions:
(a) The patient should be a member of the employee's family.
(b) The medical committee should determine the duration of the required treatment in the case of treatment abroad, and the need for accompanying a patient.
(c) The director of the hospital or treating doctor inside the Sudan should determine in writing the need for treatment at a hospital in another city and the need for accompanying the patient.
Leave for educational purposes
Section 124
(1) The chief of the unit may with the agreement of the director of the Regional Authority For Training grant an employee holidays for educational purposes without pay provided that:
(a) The study fulfills the needs of work at the unit.
(b) The study should not counter the work or training programmes at the unit in question.
(c) The period spent effectively by an employee in service should not be less than three years provided that the period spent in the current unit shall not be less than one full year.
(d) The rating of the employee's last performance report shall not be less than "very good".
(e) The employee should fulfill the conditions specified in the Act on National Training and its by-laws.
(2) At least one year should have elapsed between the holidays for educational purposes and any leave without pay.
Leave for Pilgrimage and ‘Omra
Section 125
An employee who
indicates his/her interest in going on a pilgrimage or ‘Omra shall be
granted fifteen days as holidays with full pay once during his/her entire
service. Days may be added to be drawn from his/her annual holidays or
part thereof upon the employee's request.
Leave for representing the Sudan in international activities
Section 126
The chief of the unit may upon the recommendation of the authorities in question grant an employee leave with full pay that does not count from his/her annual holidays if he/she is selected to represent the Sudan in national and international conferences, exhibitions, as well as in artistic, literary, scientific, and sport competitions provided it does not exceed the period specified for this purpose.
Leave for trade unionists
Section 127
Trade unionists may be granted leave with full pay that is not deduced from the employee's annual holidays provided that the total does not exceed thirty days in one year, and in the following cases:
(a) when they attend meetings aimed at setting up central committees.
(b) when one of the central committee's members travels to set up sub committees.
(c) when they attend the annual conference of delegates.
(d) when they attend the meetings of the central committee with ministers, deputies, and director generals.
Leave for accompanying the spouse
Section 128
The employee after having completed successfully the probationary period shall be entitled to leave without pay to accompany the spouse who is sent away outside the country on a mission, or leave for educational purposes, on loan, or transfer abroad provided that the leave for accompanying the spouse does not exceed the period of work of the spouse abroad, and to a maximum of five years.
Leave for giving birth
Section 129
The female employee shall be entitled to a leave of eight weeks with full pay for delivery, which may be divided upon the request of the female employee.
Maternity leave
Section 130
A female employee who indicates an interest in extending her leave for giving birth as specified in section 129 may be granted leave without pay for a period not exceeding two years throughout her service so as to care for her newborn. This leave may be divided.
Leave without pay
Section 131
(1) An employee may be granted upon his/her request leave without pay for two years provided it does not conflict with the requirements of work, and in such a manner that does not impact performance in the specific unit.
(2) In spite of the provisions of (1) above, the period of leave without pay may be extended for a third year as a maximum in cases of force majeure throughout the entire service.
(3) The Council of Ministers may exclude any category of employees from the privilege set out in (1) above.
(4) Grouping the period of leave without pay and that of leave for accompanying a spouse may not be joined through the period of service.
(5) The period of leave without pay may be granted only after having passed the probationary period with success.
(6) An employee shall submit the request for leave without pay whilst indicating the reasons for it.
(7) The authority which is responsible for approving leave without pay shall be as follows:
(a) The Minister upon the recommendation of the competent authority for holders of leading posts.
(b) The competent authority for holders of jobs of grade four and lower grades.
(8) An employee shall remain in his/her post throughout the period of leave without pay.
(9) An employee shall undertake the duties of his/her work at the unit in the day following the end of the leave without pay.
Exceptional leave
Section 132
The chief of the unit may grant the employee on grounds of strong and acceptable exceptional reasons leave without pay provided it does not exceed thirty days per year.
Leave for ‘Idda
Section 133
A female employee whose husband has passed away shall be granted a leave for ‘idda with full pay as of the date on which the husband died provided that:
(a) The period is four months and ten days if the wife is not pregnant.
(b) If the woman is pregnant, the period of ‘idda shall continue until the pregnancy ends. In such a case, she will be authorized to have a ‘idda period of eight weeks as of the date on which she gave birth.
Final leave
Section 134
(1) An employee is entitled to final leave for his/her end of service, with full pay if he/she has accumulated days from his/her annual holidays up to the previous day of the beginning of his/her final holidays provided that it does not exceed the maximum of his/her annual holidays.
(2) In case of dismissal by a decision of an accountability office, or due to imprisonment, the loss of Sudanese nationality, dismissal for the sake of the service, for non implementation of the transfer decision, being absent without a valid reason or canceling the post, the employee shall not have the right to final holidays.
Commencement of final holidays
Section 135
The final holidays shall begin in the following manner:
(a) In the case of end of service for health reasons, the final holidays shall begin on the day following the date on which the decision of the medical committee was made or the date on which the service ended and the new job was started by the empl§oyee if this is requested, and if it is possible provided that the chief of the unit sets this in advance. The final date for the departure of the old employee and the beginning of the new employee shall be written down within a delay that does not exceed one month.
(b) In the case of optional retirement, the final holidays shall begin as of the date on which the service ends. If the competent authority or the chief of the unit accept the request of the employee concerning the fixing of a pre-notice which is less than the final holidays due, the employee shall lose his/her right for the period that exceeds the pe-notice period.
(c) In the case of retirement on reaching the legal retirement age, the final holidays shall start as of the date on which the service ends. The employee should be notified within a period of at least three months before the date on which his/her service ends, so as to enable the employee of enjoying his/her final holidays before the end of his/her service.
Obtaining a certificate of holidays
Section 136
An employee should obtain before his/her leaving the workplace a certificate of holidays in accordance with the form specifically made for this purpose.
Register of holidays
Section
137
Each unit shall keep a complete register in which each type of
holidays enjoyed by any of the employees is indicated.
Chapter XVI: Allowances, bonuses, and
incentives
Annual bonus
Section 138
(1) An employee shall be granted a periodic bonus after one year of his/her appointment in the service, and for each subsequent year he/she spends in the same service if the performance evaluation report for the previous year is at least of a satisfactory rating unless otherwise specified in these regulations provided that this does not exceed the maximum limit of his/her salary.
(2) On appointment, the employee who is a holder of a "first" university degree or its equivalent from a theoretical faculty shall have the right to two additional bonuses on top of the basic salary specific to the first university degree in his/her field of specialization.
(3) An employee may be granted when on a mission, or being on loan or on leave without pay, a nominal annual bonus on the set date for the payment of the bonus.
(4) No employee shall be paid a bonus conditioned by the sitting of a qualifying examination unless the employee has passed it successfully.
(5) If an employee fails in the qualifying examination, then succeeded after being granted an additional period, the chief of the unit may approve the annual bonus as of the date on which the employee passed the examination.
(6) Temporary employees may be assigned certified nominal sectors or they can be given jobs or financial allocations specific to recruitment, accompanied by annual bonuses to a maximum level specific to such sectors.
(7) The annual bonus authorization shall be signed by an employee who is at least of grade eight, working within administration.
(8) The unit should notify the employee in writing of all annual bonuses granted to him/her or the ones denied to him/her while indicating the reasons for such a denial.
Bonus for post graduate qualifications
Section 139
(1) Employees who are university graduates, and who have post graduate degrees whether before the service or during it, shall be granted a monthly bonus for scientific qualifications outside the salary scales. This would be in a category decided upon by the Minister from time to time, in agreement with the Minister of Finance.
(2) If an employee already benefits from a bonus on account of his/her scientific qualifications, and has obtained a higher scientific qualification, the bonus is raised to the category equivalent to the higher scientific qualification.
(3) The bonus for scientific qualifications shall not apply to the following:
(a) The members of the teaching profession and assistant lecturers at universities, higher institutes & national training centres, as well as researchers, assistant researchers, and administrative officers at universities and higher institutes.
(b) Employees who are specialists.
Transport allowance
Section 140
(1) The transport allowance shall be given between the residence and the workplace for employees who work at units in the governorate of Khartoum, and who have not been allocated government cars for their full use or for those whose units do not provide a means of transportation. This shall be set in the category as decided upon by the Minister, and in agreement with the Minister of Finance.
(2) The transport allowance shall be given to employees residing in the capitals of provinces and in other cities which do not have public means of transportation. This allowance shall be decided upon by the Minister in coordination with the competent Governor with the following conditions:
(a) If the unit does not provide the means of transportation for employees.
(b) If the employee's residence is far from the workplace and requires a means of transportation.
Representation allowance
Section 141
(1) A representation allowance may be granted by the Minister to holders of jobs of grade five and for higher grades, working within the units. This shall be in a category set down by the Minister in agreement with the Minister of Finance.
(2) An employee who is performing the duties of any prescribed job on an ad interim basis shall be entitled to a representation allowance. He/she has the right to disburse this allowance specified to the job for which he/she is performing its duties during the ad interim phase. If the employee already benefits from a representation allowance for his/her initial job, consequently, he/she shall be granted the difference between this allowance and the representation allowance of the higher job.
Official car use allowance
Section 142
(1) Employees shall be entitled to disposing of any car in their possession if the chief of the unit requests them to do so on a regular basis in performing the tasks and official duties relating to their jobs with the following conditions:
(a) This allowance shall not be granted to the employee who has a car unless there are no government vehicles that can meet this need.
(b) The employee's use of the car on official duty should be on a continuous basis.
(c) The chief of the unit shall periodically review, every three months, to verify that each employee who is benefitting from an official car use allowance still owns the car for which he receives the allowance, and that he/she is still using the car for the specific work or tasks entrusted.
(2) The allowance shall be
granted in the category decided upon by the Minister in agreement with the
Minister of Finance.
(3) The official car use allowance shall cease if the employee stops using his/her car on official duty for any reason. It shall also cease during holidays, educational & training missions undertaken outside the Sudan, and whose duration exceeds thirty days.
Official uniform allowance
Section 143
The official uniform allowance shall be granted for a few categories of employees who have no official uniform or who should be provided with protective clothing by the occupational health authorities or the industrial safety administration, in accordance with the categories decided upon by the Minister in agreement with the Minister of Finance.
Allowance for bicycle or motorbike use
Section 144
Employees shall be entitled to an allowance for bicycle or motorbike use if the chief of the unit requests them to use their own bicycle or motorbike on a regular basis in performing the tasks and official duties relating to their jobs in accordance with the categories decided upon by the Minister, in agreement with the Minister of Finance.
Allowance for working in rural areas
Section 145
(1) Employees shall be entitled to an allowance for working in remote areas if they are requested to work in deserted regions such as living in camps or tents outside urban areas, in accordance with the following rules:
(a) The allowance in remote areas can not be added to the mission allowance at the prefecture at the same time.
(b) The allowance in remote areas shall be paid for each day spent in remote areas in the categories decided upon by the Minister in agreement with the Minister of Finance.
(2) The allowance for working in remote areas shall cease the day following the completion of work in remote areas, and during annual holidays, training and educational missions.
Typing speed bonus
Section 146
(1) The typing speed bonus shall be granted monthly to employees who type on a regular basis with the following speeds:
(a) More than 50 words a minute.
(b) More than 40 words up to 49 words a minute.
(c) More than 31 words up to 39 words a minute.
(2) The bonus specified in (1) above shall be set according to the categories decided upon by the Minister with the agreement of the Minister of Finance.
Bonus for speed on the computer
Section 147
(1) A bonus for speed on the computer shall be granted on a monthly basis according to the categories decided upon by the Minister in agreement with the Minister of Finance in the following manner:
(a) 15,000 letter or number a minute or more.
(b) More than 10,000 letter or number and less than 15,000 letter or number a minute.
(c) More than 5,000 letter or number and less than 10,000 letter or number a minute.
(2) While observing the provisions of (1) above, a bonus shall be granted to employees working with computers in the field of computer equipment management, software analysis, programming, operation, data entry, and encrypting in the categories decided upon by the Minister, and agreed upon by the Minister of Finance.
Secretarial bonus
Section 148
A secretarial allowance shall be granted to male and female typists who undertake secretarial work in addition to typing on the typewriter for the ministers' offices, heads of units, directors of general administrations according to the categories decided upon by the Minister, and agreed by the Minister of Finance.
Contagion allowance
Section 149
A contagion allowance shall be granted monthly to employees working at the Ministry of Health, Agriculture and Animal Husbandry, and to a few engineering technicians and others who are likely to contract contagious diseases while on duty. This allowance shall be set according to the categories decided upon by the Minister, and agreed by the Minister of Finance for each job group.
Allowance for being on call
Section 150
An allowance for being on call may be granted on a monthly basis to employees whose conditions of work require their being on call on a continuous basis after the official working hours. This allowance shall be set in the category and on the conditions decided upon by the Minister, and as agreed by the Minister of Finance, in accordance with the following rules:
(a) This allowance shall not apply to workplaces where work is done in shifts or workplaces where there is an insufficient number of employees to work on shift.
(b) The allowance for being on call can not be grouped with overtime.
Allowance for taking responsibility in salary & wage disbursement
Section 151
Professionals and technicians who are graduates of higher institutes, and the technicians who are entrusted to disburse salaries and wages at the workplace which have no accountant or cashier shall be entitled to an allowance of responsibility in the category decided upon by the Minister, and agreed upon by the Minister of Finance.
Hardship allowance
Section 152
(1) A hardship allowance shall be granted to professionals and technicians who are performing tasks that require their continued presence at the work camps in the distant regions which are delimited with the agreement of the deputy, and heads of the units in question. This allowance shall be set in the category decided upon by the Minister, and agreed upon by the Minister of Finance.
(2) The hardship allowance shall cease once work is finished in the distant regions.
Photocopying allowance
Section 153
A photocopying allowance shall be granted on a monthly basis for any employee who is asked to work with photocopiers in addition to his/her basic work. The allowance shall be set in the category decided upon by the Minister, and agreed upon by the Minister of Finance.
Meal allowance
Section 154
(1) The chief of the unit may grant a meal allowance to employees who are asked to perform urgent tasks that can not be done during official working hours. This allowance shall be set in the category decided upon by the Minister while taking due account of the following:
(a) The employee shall work at least three hours in overtime after official working hours.
(b) The work done by the employee is to be finished within a specific deadline, and a specific programme, which requires additional time and effort for its completion.
(2) A meal allowance should not be granted to employees who have special terms of service which require granting a few privileges and allowances against overtime work.
(3) The Ministry of Finance has to authorize the sums of money required for this purpose.
Power of authorization
Section 155
The Minister after the agreement of the Minister of Finance shall authorize the financial obligations in the categories specific to the above mentioned allowances and bonuses, and any other allowance or bonus specified in the terms of service of any employee, and which was omitted from these regulations.
Non validity of annual allowances and bonuses
Section 156
(1) All requests for annual allowances shall no longer be valid after three years as of the date on which they were due.
(2) All requests
for special allowances and bonuses shall no longer be valid after one year
as of the date on which they were due.
Incentives
Section 157
(1) Upon the recommendation of the competent authority, the Minister of Finance may grant a financial bonus that does not exceed the employee's annual basic salary as a maximum, to the employee who renders excellent services, performs tasks or research or makes positive suggestions which help to increase production, decrease its cost, improve it, or to the employee who performs tasks that solicit a lot of his/her time, and effort.
(2) Upon the recommendation of the Minister, and subsequent to request of the competent authority, the Council may promote the employee who does any of the tasks specified in (1) above on an exceptional basis in accordance with the following rules:
(a) The promotion should be for the grade that is immediately above the old grade.
(b) The employee should not have competed for the grade, and has not been promoted.
(c) If the work done by the employee is not excellent, and for which there is open competition with other employees for promotion.
(d) The chief of the unit shall determine the criteria and foundations for exceptional achievement.
(e) A three member committee set up by the competent authority shall be responsible for exceptional promotion so as to evaluate the work that deserves such merit.
(3) In the case of collective incentives, the competent authority shall submit a request to the Minister indicating the reasons and justification for awarding the incentives. The request shall be examined after which, the competent authority shall submit a recommendation thereon to the Minister of Finance for approval.
Chapter XVII: Travel privileges
Travel on appointment, re-appointment, or transfer
Section 158
On appointment, re-appointment, or transfer, employees shall be entitled to free transportation to be paid by the Government in the following manner:
(1) Employees of grade three and higher grades or their equivalent, and their families whose number do not exceed eight persons shall be transported by the Sudanese Airlines.
(2) Employees of grade three or lower grades and their families shall be transported by rail, Nile ships, or vehicles in accordance with the table hereto annexed (No. 2).
(3) In spite of (1) and (2) above, the chief of the unit may transport any of the employees and their families on appointment, re-appointment, or transfer with the most appropriate means of transportation as the need arises.
Transport of luggage
on appointment, re-appointment, transfer or end of service
Section 159
(1) On appointment, re-appointment, transfer or end of service, employees shall be entitled to transportation of their luggage by rail, or Nile ships in accordance with the table hereto annexed (No. 3).
(2) Employees who are authorized to travel by the Sudanese airlines shall be entitled to transportation of their luggage on the basis of what is indicated in their tickets. The rights of transporting their luggage by rail or Nile ships shall be kept in accordance with the table hereto annexed (No. 2).
(3) In spite of (1) and (2) above, the chief of the unit may agree for the transportation of any of the employees' luggage on appointment, re-appointment, transfer or end of service on the basis of their entitlements by rail or by ship sailing through the Nile.
(4) Employees who are on an educational mission of at least a year shall be entitled to the transportation of their luggage by rail or by ship sailing through the Nile for their storage on the basis of their transport entitlements.
Transport in the case of missions
Section 160
(1) When sent away on a mission inside Sudan, employees shall be entitled to transport by rail, or ship sailing through the Nile in accordance with the table hereto annexed (No. 4).
(2) When sent away on a mission inside Sudan, the chief of the unit may authorize the transportation of employees of grade eight and higher grades or its equivalent by Sudanese Airlines. In exceptional cases, the chief may grant the privilege of traveling by Sudanese Airlines to job holders of lower grades than the eighth grade.
(3) In spite of (1) and (2)
above, the chief of the unit may arrange for the transportation of any
employee when sent away on a mission inside Sudan on the basis of the most
appropriate, and available means of transportation.
(4)
When sent away
on a mission outside Sudan, employees shall travel economy aboard the
Sudanese Airlines.
(5) On sending away an employee on a mission whether inside or outside Sudan, and if the need arises, the chief of the unit may grant the privilege of transporting additional luggage of around ten kilos by Sudanese Airlines at the expense of the Government.
Transportation when on holidays inside Sudan
Section
161
Employees and their families, on traveling on their annual
holidays or at the end of their service, shall be entitled to travel
expenses in the following manner:
(a) Monthly basic salary for single employees.
(b) Two months' basic salary for married employees without children.
(c) Three months' basic salary for married employees with children.
Section 162
The first deputies in the private first and second sectors, and deputies or their counterparts when traveling on holidays be entitled to economy tickets. The maximum they can have is three full tickets once every two years to any Arab or African country, which can be reached by Sudanese Airlines.
Mode of transportation
Section 163
In all cases of travel, the shortest and the least expensive means of transportation shall be observed.
Period of
validity
Section 164
Any request of entitlements mentioned in this chapter shall no longer be valid with the lapse of six months as of the date of entitlement. All requests submitted after the end of this period shall be rejected.
Chapter XVIII: End and termination of service
The date on which service ends legally
Section 165
The service of an employee shall end as of the day on which the employee reaches the legal age for retirement unless he/she is extended in accordance with the provisions of section 21 (6) of the Act.
Continuing work after the legal age of retirement
Section 166
Whilst observing the provisions of section 165, if any employee continues in the service after reaching the legal age of retirement without a legal reason, and without violating any legal questioning that may occur against the responsible person, an employee shall be treated in the following manner:
(a) His/her service shall end on the date the matter is discovered.
(b) The period spent by him/her effectively in the service after the legal age of retirement shall not be counted.
(c) The salary and allowances earned by the employee shall be considered as a compensation for the period spent at work.
(d) Any promotion obtained by the employee after the legal age of retirement shall be considered null and void.
(e) The employee has no entitlements of annual holidays after the legal age of retirement, once his/her service ends.
Loss of Sudanese nationality
Section 167
The service of the employee ends as of the day he/she loses the Sudanese nationality by law.
Loss of fitness
Section 168
Whilst observing section 13, the service of any of the employees shall end if there is proof that the employee is unfit to continue work by virtue of a report by the competent health authorities, in accordance with what is contained in section 50 (c) of the law and the provisions of these regulations.
Injury causing disability
Section 169
For the purposes of these regulations, the injury causing partial or total disability as determined by the medical committee is the injury resulting from an accident that occurred at work, or a disease resulting from the service: either during the employee's work, or as a result thereof even if the employee has disregarded any orders issued by the chief or orders issued by a deputy or that the employee worked without the instructions of his/her chief.
Dismissal by a decision of the accountability council
Section 170
The service of any employee shall end by his/her dismissal therefrom by a decision in accordance with the law on employees' accountability, as of the date of dismissal determined by the competent accountability council.
End of service contract
Section
171
The service of an employee who works with a special service
contract shall end in accordance with the terms of the contract including
the reasons for such a termination.
Retirement for the benefit of work
Section 172
The service of an employee shall end for the benefit of work by virtue of a decision. It will be valid as of the date on which the employee was notified provided it does not exceed two weeks as of the date on which the decision was declared.
Occupying a parliamentary post
Section 173
The service of an employee shall end when selected to occupy a parliamentary or political position as of the date on which he/she was selected to occupy the post.
Optional retirement
Section 174
The service of the employee who requests optional retirement shall end on the day following the end of the warning period agreed upon by the chief of the unit.
Resignation
Section 175
(1) Any employee may submit a
resignation in writing to end his/her service. This service shall not end
until after the issuing of a written decision in which the chief of the
unit accepts such a resignation.
(2) In spite of the provisions
contained in (1) above, the resignation shall be accepted after ninety
days on which it was submitted. The service of the employee will then end
on that date.
(3) An employee who submits his/her resignation and who has not received an acceptance letter of his /her resignation, should notify his direct chief in writing ten days before the lapse of the ninety day deadline so that the chief can arrange for the measures dealing with the resignation and assuming of the new job office by the employee.
Resignation of the employee who has been stopped from work
Section 176
An employee may not resign or have his/her resignation accepted if the latter is stopped from work or in the case of ongoing investigation, or in the course of legal proceedings brought against the employee.
Withdrawing the resignation
Section 177
An employee shall not withdraw his/her resignation after having submitted it unless this is agreed upon by the chief of the unit and on the condition that this agreement was concluded before deciding to look into accepting the resignation.
Absenteeism
Section 178
(1) An employee who is absent from work, or whose approved leave of absence exceeds more than forty five continuous days without a legitimate reason shall be considered to have resigned as prescribed by law.
(2) In the two cases mentioned, an employee should submit a legitimate reason for his/her absence to his unit, certified by the competent authority.
Failing the probationary period
Section 179
The service of any
employee shall end as soon as the chief of the unit decides he/she has
failed the probationary period in accordance with the provisions set out
in section 36 of these regulations.
Failing to implement the transfer decision
Section 180
The service of an employee shall end when the latter refuses to carry out the decision of transfer without a legitimate reason within ninety days as of the date on which the decision of transfer should be carried out.
End of service procedures
Section
181
(1) On ending the service of the
employee for any reason specified in chapter XVIII, the unit to which the
employee is attached shall notify the deputy of the date on which the
employee's service ends indicating the name, number of post, address,
his/her workplace, and consecutive number.
(2) The unit shall send the deputy the employee's file after inserting all the data which should be recorded in the service register until the date on which the service ends. The chief of the unit should also certify that the information and data indicated in the register are correct.
(3) The deputy shall review the service register, and verify the correctness of the data, and delete the employee's name from the register of the unit's jobs on the date on which the employee's service ends while inserting the reasons for the end of service.
(4) The file of the employee's service shall be kept at his/her unit after the completion of the procedures of post service benefits.
Chapter XIX: Contents of the service file and registers
Section 182
The normal service file shall be divided into ten sections, where the following documents will be noted and kept as follows:
(a) Service file.
(b) Documents of appointment, and related certificates which consist of forms for requesting an appointment, financial authorization of an appointment, birth certificate, or age estimate, nationality, educational certificates, and previous experience.
(c) Allowances and promotion.
(d) Certificate of fitness for work, and other medical documents such as medical leave.
(e) Holidays.
(f) Personnel on assignment, detachment, and transfer.
(g) Training documents, and educational missions.
(h) Old age pension documents.
(i) Loans.
(j) Procedures and decisions of accountability.
Contents of the confidential file
Section 183
The confidential file of the employee should include the following:
(1) A copy of the service file in which the all the data relating to the employee is noted.
(2) Job performance evaluation reports.
(3) Decisions and judgements of the accountability councils.
Transfer of employees' files
Section 184
When the employee is finally transferred from one unit to another, the service file shall be sent to the unit he/she is transferred to after the completion of the information and data by the unit he is transferred from until the effective date of the transfer.
Loss and damage of files
Section 185
If the file of an employee is lost or damaged, the chief of the competent unit shall carry out an investigation thereon, so as to determine the responsibility. He/she shall then submit a request to the deputy in which he/she shall indicate the measures taken, the information gathered on the matter. After which, the deputy shall prepare the available information on the employee in question at the department in charge of matters relating to service. If the information available has not been completed, the deputy shall notify the chief of the competent unit so as to set up a committee for the completion of data.
Certificate of experience
Section 186
On finishing the service by an employee, the chief of the unit shall issue a certificate of experience which includes the following data and information:
(a) At least the name in full (three).
(b) The date of commencement of service.
(c) The date of end of service.
(d) Title and grade of last job held.
(e) Last salary earned by the employee.
(f) Reasons for end of service.
Delegation of authority
Section 187
Without violating the provisions of the Act on Interpretation of Laws and General Instruments of 1974, delegation shall be made in the following manner:
(a) Delegation of authority shall be completed by virtue of a written decision of the person responsible of the competent authority. It shall include the powers and mandate entrusted, the name of the employee, his/her job, and the duration of the delegation.
(b) In the case of entrusting the employee to do the work of another employee, the employee who is entrusted to do the job shall not hold the powers and mandate of the person who held the job unless it is specified in writing.
(c) The person to whom was delegated the powers and mandate may not delegate to another person unless it is with the agreement of the competent authority.
(d) The delegation shall end in the following cases:(i) when the duration of the delegation has ended.
(ii) when the purpose for which the delegation was made is achieved.
(iii) when the delegation decision is canceled.
(iv) when the post of the person to which the powers and mandate is given is canceled.
(v) the lapse of three months as of the date on which a Minister or a Governor is nominated other than the one who issued the decision of delegation.
I hereby declare that the Council of Ministers has published these Regulations on the Public Service of 1995 on 28 Shawwal 1415, which is equivalent to 29 March 1995.
Lieutenant General ‘Omar Hassan Ahmed Al-Bashir
President of the Republic of Sudan
Table 1
Annual holidays (see section 10)
Grade |
Length of annual holidays |
Grade 8 & above |
45 days |
Grade 10 or its equivalent |
45 days |
Grade 9 |
35 days |
Grades 11 & 12 |
30 days |
Grades 13 & 15 |
25 days |
Grades 16 & 17 |
20 days |
Employees of 20 years of service or more |
35 days |
45 daysEmployees who have 10 years in service & less than 20 years in service |
24 days |
Table 2
Facilities offered to employees
on
appointment, transfer or end of service
by rail, ship or vehicle
(kg=kilogrammes)
Grades of employees |
Class/Travel |
Weight-passenger compartment(kg) |
Weight-luggage compartment(Kg) |
Ship |
Six & above |
First |
200 |
5.000 |
5.000 or 500 cubic metters |
Seven to ten |
First |
150 |
2.000 |
1.500 |
Eleven to fourteen |
Second |
150 |
500 |
500 |
Fifteen to seventeen |
Third |
50 |
250 |
250 |
Table 3
Transportation of luggage of
employees' families
on appointment, transfer or end of service
by
rail or vehicle
Grade of employees |
Individual
(kg) Passenger/luggage Compartment |
Additional person
(kg) Passenger/luggage Compartment |
Maximum
(kg) Passenger/luggage Compartment | |||
Six & above |
100 |
200 |
50 |
100 |
250 |
500 |
Seven to ten |
80 |
160 |
40 |
80 |
200 |
400 |
Eleven to fourteen |
40 |
80 |
20 |
40 |
100 |
200 |
Fifteen to seventeen |
30 |
40 |
10 |
20 |
60 |
100 |
N.B.: When traveling by ship sailing through the Nile, the total of entitlements (including the passenger compartment and the luggage compartment) are authorized.
Table 4
Facilities for employees' travel, transfer
of luggage by rail, Nile ships (On transfer within Sudan)
Grade of employees |
Class |
Authorized weight (kg) Passenger compartment |
Authorized weight (kg) luggage compartment |
Six & above |
First |
200 |
500 |
Seven to ten |
First |
100 |
200 |
Eleven to fourteen |
Second |
70 |
70 |
Fifteen to seventeen |
Third |
50 |
50 |
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