In South Sudan, an employer can legally terminate an employment contract for reasons such as incapacity of the employee, repeated failure to perform, gross misconduct, and operational requirements.

Incapacity of the Employee

This refers to situations where the employee is unable to carry out the work they were employed for due to illness or disability.

Repeated Failure to Perform

If the employee consistently fails to meet performance standards as defined within the employment contract, it can be a ground for termination.

Gross Misconduct

Serious breaches of the employment contract, such as theft, violence, insubordination, or acts that endanger the safety of the workplace, can lead to termination.

Operational Requirements

Economic or structural changes within the business that necessitate a reduction in the workforce can also be a valid reason for termination.

Notice Requirements

The required notice period for termination depends on the employee's length of service. For continuous service of one year or more, one month's notice is required. For continuous service of six months to one year, two weeks' notice is needed. For continuous service of less than six months, one week's notice is sufficient.

During the notice period, the employee is entitled to their regular wages. An employer may opt to pay the employee in lieu of notice, the equivalent of the wages they would have earned during the notice period.

Severance Pay

According to the Labour Act 2017 Section 77(3 and 4), an employee terminated due to redundancy is entitled to severance pay, calculated as two weeks' wages/salary for every year of continuous service.

Summary Dismissal

An employer may summarily dismiss an employee without notice or pay in lieu of notice in cases of extreme gross misconduct.

Termination due to Death

An employment contract terminates automatically one month after an employee's death.

Unfair Termination

An employee can raise a dispute and seek remedies if they believe their termination is unfair.

South Sudan's laws are designed to protect individuals from discrimination in various areas, particularly in the workplace. The foundational equality rights are outlined in The Transitional Constitution of the Republic of South Sudan (2011), which prohibits discrimination based on race, ethnic origin, color, sex, language, religious creed, political opinion, birth, or social status. The Labour Act (2017) further addresses workplace discrimination, prohibiting discrimination based on race, tribe, place of origin, national extraction, color, sex (including pregnancy), marital status, family responsibilities, religion, political opinion, disability, age, HIV or AIDS status, or membership in a trade union.

Protected Characteristics

The anti-discrimination laws in South Sudan protect individuals from discrimination based on the following characteristics:

• Race
• Ethnic origin
• Color
• Sex (including pregnancy)
• Language
• Religious creed
• Political opinion
• Birth
• Locality or social status
• Tribe or place of origin
• National extraction
• Marital status
• Family responsibilities
• Disability
• Age
• HIV or AIDS status
• Membership or participation in a trade union

Redress Mechanisms

If an individual experiences discrimination in South Sudan, they can seek redress through the following mechanisms:

• Workplace Disputes: The Labour Act (2017) establishes a process for resolving workplace discrimination disputes. This may involve mediation, conciliation, or referral to the Labour Court.
• General Complaints: The South Sudan Human Rights Commission has the authority to investigate and address human rights violations, which could include cases of discrimination.
• Court System: Individuals can pursue legal action through the court system when avenues provided by the Labour Act or the Human Rights Commission fall short.

Employer Responsibilities

Employers in South Sudan have specific responsibilities to prevent and address discrimination:

• Non-discrimination policies: Employers are expected to develop and implement clear anti-discrimination policies in the workplace.
• Education and training: Employers should provide regular training to employees on anti-discrimination laws and promote a culture of inclusion.
• Complaint mechanisms: Establish a system for employees to report discrimination confidentially and without fear of retaliation.
• Fair hiring and promotion practices: Employers must ensure recruitment, hiring, promotion, and termination decisions are based on merit and free from discriminatory bias.
• Reasonable accommodations: Employers should provide reasonable accommodations for employees with disabilities or specific religious or cultural needs.

South Sudan, a developing country, has a nascent formal labor market. Despite having a labor law, enforcement mechanisms are weak, and a significant portion of the workforce falls under the informal sector. This results in inconsistent application of working conditions standards.

Work Hours

In South Sudan, the standard workweek is 48 hours, with a maximum of eight hours per day. Overtime work is permitted with employee consent, but it's capped at 12 hours per week. Night work, which is between 10 pm and 6 am, is allowed for specific industries with regulations on breaks and compensation. However, adherence to these standards may vary depending on the sector and formality of the employment.

Rest Periods

The law mandates a one-hour break per workday, though enforcement might be lax in certain sectors. Weekly rest periods are also mandated, but the specific duration isn't explicitly stated in the legislation. Sunday is generally considered the standard rest day.

Ergonomic Requirements

South Sudan's labor law lacks specific provisions on ergonomic requirements in the workplace. This means that there are no clear guidelines on how to ensure the physical comfort and safety of workers in their work environment.

South Sudan, a relatively young nation, has put in place a legal framework to safeguard the health and safety of workers. The primary legislation in this regard is the Labour Act, 2017, which details the obligations of employers, the rights of employees, and the process of enforcement.

Employer Obligations

Under the Labour Act, employers bear a significant responsibility to ensure a safe working environment. The key obligations of employers include:

• Maintaining a Safe Workplace: Employers are required to take all reasonable measures to ensure workplace safety. This includes maintaining the building, ensuring proper machinery maintenance, and mitigating hazards.
• Providing Information and Training: Employers have a duty to provide employees with the necessary information and training on health and safety procedures relevant to their job roles.
• Protective Equipment: Employers are required to provide personal protective equipment (PPE) to protect employees from potential hazards.
• Employee Participation: The Labour Act encourages the involvement of employees in workplace safety practices. Employers are advised to consult with employees and their representatives regarding safety measures and their implementation.
• Incident Response: In situations posing imminent danger to employee health and safety, the Act empowers employers to take immediate action, including halting operations and evacuation.

Employee Rights

The Labour Act also outlines the rights of employees with regard to health and safety in the workplace:

• Safe Work Environment: Employees have the right to work in an environment that is free from foreseeable risks to their health and safety.
• Refusal of Unsafe Work: Employees have the right to refuse to work in situations they believe pose a serious threat to their health or safety, without fear of disciplinary action.
• Training: Employees have the right to receive training on health and safety protocols relevant to their duties.

Enforcement Agencies

The Labour Act assigns enforcement authority to Labour Inspectors. These inspectors have the power to:

• Advise and Supervise: Labour Inspectors provide guidance to employers on how to comply with the Labour Act, including health and safety regulations.
• Investigate Complaints: They have the authority to investigate complaints filed by employees or their representatives regarding safety violations in the workplace.
• Administrative Proceedings: Labour Inspectors can initiate administrative proceedings against employers found to be non-compliant.

Limited Enforcement

While the legal framework is in place, the enforcement of health and safety regulations in South Sudan remains a challenge. The Ministry of Labour's National Occupational Safety and Health (NOSH) Policy 2022 acknowledges this gap and emphasizes the need for stronger enforcement mechanisms.