In Sudan, the Labour Code of 1997 provides the legal framework for notice periods during employment termination. The notice period requirements vary based on the employee's wage payment schedule and length of service.

Notice Periods According to Wage Payment Schedule

The Labour Code stipulates minimum notice periods based on the frequency of an employee's wage payment:

• Monthly Wages: A notice period of one month is required.
• Half-Monthly Wages: For employees with less than five years of service, a notice period of two weeks is required.
• Weekly Wages: For employees with less than two years of service, a notice period of one week is required. For those with between two and five years of service, a notice period of two weeks is required.
• Daily Wages: For employees with less than three months of service, notice is required on the last day of work. For those with five or more years of service, a notice period of one month is required.

It's important to note that the Labour Code allows for a longer notice period to be specified in the employment contract, which would supersede the minimums mentioned above.

Exceptions to Notice Periods

There are exceptions to these notice periods. Employees can be terminated without notice for serious misconduct, such as fraud, dishonesty, or assault. However, the employer would likely need to provide evidence to justify such termination.

In Sudan, the Labour Code of 1997 mandates severance pay, also known as gratuity, for employees under certain circumstances.

Entitlement Criteria

Employees are entitled to severance pay in the following situations:

• Redundancy due to economic circumstances affecting the employer.
• Death of the employee, in which case severance pay is provided to beneficiaries.
• Physical incapacity where the employee is unable to continue working due to medical reasons.
• Unfair dismissal where the employer terminates employment without justifiable cause.
• Death or insolvency of the employer, such as ceasing business operations or declared bankruptcy.

Calculation of Severance Pay

The calculation of severance pay is based on the employee's length of service and their final basic salary:

• For 5-10 years of service, half a month's basic salary for each year of service is given.
• For 10-15 years of service, one month's basic salary for each year of service is given.
• For more than 15 years of service, one and three-quarters (1.75) of a month's basic salary for each year of service is given, with a maximum of 36 months' basic salary.

Important Notes

• For production workers, gratuity is based on average income during the last three years, rather than just the final basic salary.
• Sudanese law mandates that employers make provisions for severance pay.

In Sudan, the termination process of employees must adhere to the regulations outlined in the Labour Code of 1997. There are several types of termination, including termination with notice, termination without notice (summary dismissal), mutual termination, and termination due to redundancy.

Types of Termination

• Termination with Notice: This is the most common type of termination, where either the employer or the employee provides notice as per the legal requirements or contractual terms outlined in the employment agreement.
• Termination without Notice (Summary Dismissal): This is allowed only in cases of serious misconduct by the employee, such as gross negligence, insubordination, or criminal offenses. The employer must have substantial evidence to support the grounds for summary dismissal.
• Mutual Termination: In this case, both employer and employee agree to end the employment relationship amicably, with terms often recorded in a settlement agreement.
• Termination due to Redundancy: This type of dismissal occurs due to economic reasons or restructuring within the organization. The Labor Code requires fair selection criteria for redundancy situations.

Procedure for Termination with Notice

1. Issuing Notice: The party terminating the employment must provide written notice to the other party.
2. Right to Challenge: Employees have the right to challenge the termination if they believe it is unfair. This often involves mediation or dispute resolution mechanisms outlined by Sudanese labor law.
3. Work During Notice Period: Unless otherwise agreed, the employee is usually expected to work during the notice period, and the employer must continue paying wages and benefits.
4. Final Settlement: This encompasses paying unpaid salaries and outstanding leave, and issuance of an employment termination certificate.

Important Considerations

• Employers must have a valid reason for termination based on Sudanese labor law.
• Documentation is crucial; employers should maintain clear termination records in case of potential disputes.
• Labor law may specify additional procedural requirements or protections for employees in particular situations.