The Sudanese Labour Act 1997 is the primary legislation that governs employment relationships and their termination in Sudan. It's important to note that an individual employment contract or collective bargaining agreement may offer enhanced benefits compared to the legal minimums outlined below.

Lawful Grounds for Dismissal

An employer in Sudan can terminate an employment contract for several reasons:

• Economic or Structural Reasons: This includes the closure of the enterprise, reduction of workforce due to economic conditions, or technological changes impacting job requirements.
• Worker's Incapacity: If an illness or disability renders the worker incapable of performing their job duties, even after exhausting sick leave. This must be supported by medical certification.
• Completion of Work or Contract Expiration: If the employment contract was for a specific project or fixed duration.
• Worker's Serious Misconduct: Examples according to the Sudanese Labour Act include fraud or dishonesty, disclosure of trade secrets, assault at the workplace, working under the influence of alcohol or drugs, willful damage to employer's property, serious breach of safety regulations, and absence from work without permission or justifiable reason for more than a specified period.

Notice Requirements

Unless terminated for serious misconduct, employees are entitled to a notice period. The required notice period in Sudan varies based on the employee's length of service and their payment frequency:

• Monthly Pay: One month's notice
• Fortnightly Pay (Less than 5 years of service): Two weeks' notice.
• Weekly Pay (2-5 years of service): Two weeks' notice
• Weekly, Fortnightly, or Daily Pay (More than 5 years of service): One month's notice
• Daily Pay (Less than 3 months of service): Notice is due on the last day of work

Severance Pay

Employees with more than three years of continuous service are typically entitled to severance pay upon termination, except in cases of serious misconduct. The amount of severance pay depends on the employee's length of service:

• 3-5 Years of Service: One month's basic wage for each year of service
• 5-10 Years of Service: One and a half month's basic wage for each year of service
• Over 10 Years of Service: Two months' basic wage for each year of service

Sudan's legal framework for anti-discrimination does have provisions, but they are often considered inadequate and enforcement remains a major challenge. The laws primarily focus on protected characteristics such as gender, race, color, ethnicity, and religion. The 2019 Draft Constitutional Declaration for the Transitional Period guarantees equality and protection under the law without discrimination on the basis of gender. However, Sudan has historically faced significant issues with racial and ethnic discrimination, and legal protections are still evolving. Although freedom of religion is nominally protected, discrimination on religious grounds remains an area of concern.

Redress Mechanisms

The available redress mechanisms for victims of discrimination in Sudan are limited and often ineffective. Individuals can file lawsuits alleging discrimination. However, the Sudanese legal system is often slow, lacks resources, and can be subject to bias. There are some government agencies tasked with issues related to human rights and discrimination, but their capacity and effectiveness are limited.

Employer Responsibilities

Sudanese employers have a general responsibility to avoid discrimination in their employment practices. However, specific labor laws addressing workplace discrimination are not robust. Employers should strive to create a non-discriminatory workplace, educate employees on anti-discrimination principles and practices, and have a clear and fair mechanism for investigating discrimination complaints and taking appropriate remedial action.

Important Notes

Sudan's anti-discrimination framework is still developing, with inconsistencies and gaps in legal protection. Enforcement of existing laws is a significant challenge. Discrimination based on factors like sexual orientation, disability, age, and other characteristics is not always explicitly addressed in legal provisions.

In Sudan, the labor market grapples with the challenge of establishing and enforcing standardized working conditions. Despite this, there are a few existing benchmarks that can be considered.

Work Hours

Information on specific work hour limitations in Sudan is scarce. The International Labour Organization (ILO) provides guidance on reasonable working hours, but these guidelines are not directly incorporated into Sudanese law.

Rest Periods

Just like work hours, there is a lack of clear regulations on mandated rest periods within the workday or workweek in Sudan.

Ergonomic Requirements

Legislation regarding ergonomic workplace design in Sudan appears to be limited. While there is a general emphasis on improving working conditions in policy discussions, concrete details are often lacking.

It's worth noting that the informal sector plays a significant role in the Sudanese economy, and these standards may not be consistently applied in informal work settings.

Sudan's health and safety regulations for workplaces are outlined in the Labour Act of 2017, though enforcement remains an ongoing challenge. The Labour Act places significant responsibility on employers to ensure a safe and healthy work environment.

Employer Obligations

Some key employer obligations include:

• Maintaining a Safe Workplace: Employers must take all reasonable measures to prevent accidents and occupational diseases. This involves providing and maintaining safe work equipment, machinery, and buildings.
• Providing Safety Information and Training: Employers are required to provide employees with necessary information and training on health and safety procedures specific to their job roles.
• Protective Equipment: Employers must furnish Personal Protective Equipment (PPE) to safeguard employees from potential hazards.
• Employee Participation: The Labour Act encourages employers to involve employees in the application and review of safety and health measures. This can be achieved through committees or designated health and safety representatives.
• Accident Reporting and Investigation: Employers are obligated to report work-related accidents and illnesses to the relevant authorities and conduct investigations to prevent future occurrences.

Employee Rights

The Labour Act also establishes employee rights regarding health and safety in the workplace:

• Right to a Safe Work Environment: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
• Refusal of Unsafe Work: Employees can refuse to perform work they believe to be unsafe or unhealthy without facing disciplinary action.
• Access to Information and Training: Employees have the right to receive information and training on health and safety hazards and procedures relevant to their job duties.

Enforcement Agencies

The Ministry of Labour, Public Service and Human Resources Development is responsible for overseeing workplace health and safety regulations in Sudan. This includes:

• Labour Inspectors: The Ministry appoints labour inspectors to conduct workplace inspections, investigate complaints, and ensure compliance with the Labour Act.
• Advisory Role: Labour inspectors offer advice and guidance to employers and employees on best practices in occupational safety and health.

Enforcing health and safety regulations in Sudan remains a challenge. The International Labour Organization (ILO) highlights the need for a more robust enforcement system and ongoing efforts to strengthen national OSH legislation.