References
Labour Act [LA], 1997.
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Social Security Act of 1990.
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(view in NATLEX
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Domestic Servants Act, 1955. Laws of the Sudan, 1975-12-31, Volume 4, 1952-1961, pp. 91-99
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(view in NATLEX
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Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: state security corps, employer's family members, civil/public servants, agricultural workers, domestic workers, police, army, judiciary, none
→ Under Section 3 of the LA, the following categories are excluded from the scope of application of the Labour Act 1997 (LA):
(a) The Members of the Judiciary;
(b) The Counsels of the Ministry of Justice;
(c) Persons of Disciplinary Forces ;
(d) Persons of National Security Organ;
(e) Persons employed in the federal and states governments and public corporations whose conditions of employment are governed by special laws save the rules concerning the industrial relation and industrial safety ;
(f) Domestic servants according to the definition specified in the Domestic Servants Act 1955;
(g) Agricultural worker, other than persons employed in the operations, repair or maintenance of mechanical appliances and devices, and other than persons employed in factories, ginneries, dairies and similar establishments in which agricultural products are processed or adopted for marketing and other than persons employed in the administration of agricultural undertakings or doing clerical accounts work, stores, gardens, and poultry;
(h) Members of the employer’s family residing with him/her and wholly dependent upon him/her;
(i) Casual workers;
(j) Any class of persons, the Ministry Council may declare by an order that they are exempted totally or partially from the provisions of this Act.
FTC regulated: Yes
→ Section 29(1) LA indicates that: The contract of service may either be for a definite or indefinite period, and it may be for the performance of a specific work.
Valid reasons for FTC use: no limitation
→ Section 29(1) LA indicates that: The contract of service may either be for a definite or indefinite period, and it may be for the performance of a specific work.
: 2
→ Section 29(2) LA indicates that: The duration of a definite period contract shall not exceed two years, and it may be renewed only once in the same enterprise. Such a new period shall be considered continuous with the previous service. If the worker continues in service after the renewal period, he/she shall be deemed to have contracted for an indefinite period.
Maximum cumulative duration of successive FTCs: 2year(s)
→ Section 29(2) LA indicates that: The duration of a definite period contract shall not exceed two years, and it may be renewed only once in the same enterprise. Such a new period shall be considered continuous with the previous service. If the worker continues in service after the renewal period, he/she shall be deemed to have contracted for an indefinite period.
Maximum probationary (trial) period (in months): 3 month(s)
→ Section 29(4) LA indicates that: The probationary period shall not exceed three months, with the exception of the training period. A contract of service is considered indefinite if the period is not specified and the probationary period has elapsed, unless the contract is terminated by either party.
Excluded from protection against dismissal:
▷ Are excluded from the protection against dismissal provided for in the Labour Act, categories of workers enumerated under Section 3 of the Labour Act, including members of the judiciary and consultants at the Ministry of Justice, members of the Armed Forces, Police, and National Security System and public sector employees.
▷ In addition, under Section 53 LA, an employer may terminate the contract of service of a worker without notice in the following cases:
(a) If the worker assumes the personality of another, or if they present forged papers for the purpose of work;
(b) If the worker made a mistake resulting in gross negligence that caused heavy financial loss to the employer;
(c) If the worker, despite being notified in writing, does not comply with any instructions made for the safety of the workers and of the undertaking, provided that such instructions are in writing and fixed in a conspicuous place.
(d) If the worker deliberately omits to carry out his/her obligations under the contract of service;
(e) If the worker discloses any industrial or commercial secrets which come to his/her knowledge in the course of his/her duties, save what the law permits;
(f) If the worker is convicted of an offence concerning honour or morality or conduct, or if they commit in the place of work an act inconsistent with morality;
(g) If the worker commits an assault on his/her employer or the responsible manager, which is punishable by law, or if, in the course of or during his/her work, commits any grievous assault to any of his/her superiors or any other worker;
(h) If the worker is found in an obvious state of drunkenness or was under the influence of an intoxicating drug, provided that the medical practitioner so decides.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: pregnancy, maternity leave, family responsibilities, temporary work injury or illness
→ Section 46(2) LA indicates that: (...), the women worker shall not be dismissed during the period of pregnancy or during the maternity leave.
Workers enjoying special protection: pregnant women and/or women on maternity leave
→ Section 46(2) LA indicates that: (...), the women worker shall not be dismissed during the period of pregnancy or during the maternity leave.
Notification to the worker to be dismissed: written
→ Section 50(2) LA indicates that: Except in cases where the contract of service provides for a longer period of notice, the contract of service shall terminate for the reason mentioned in sub-section (1) by a written notice by either party, (...).
→ Section 51(1) LA provides that:
(1) In the case of repeated contravention, if the worker is notified of dismissal where all or the maximum penalties prescribed were exhausted, the employer in the case of any succeeding breach, may terminate the indefinite contract of service by notice, the duration of which shall be fixed according to the provisions of sub-section (2) of section 50: provided that the employer shall give the worker a letter showing the reasons of the termination of the contract of service, and shall pay him/her all his/her entitlements.
(2) The notification shall automatically lapse if the worker has received a final notification and has not committed any contravention within the year that follows the date of notification.
Notice period:
→ Section 50(2) LA indicates that: Except in cases where the contract of service provides for a longer period of notice, the contract of service shall terminate for the reason mentioned in sub-section (1) by a written notice by either party, and the period of notice shall be as follows:-
(a) One month, where the worker works on the basis of a monthly wage;
(b) Two weeks, where the worker is appointed on the basis of a fortnightly wage, and has completed less than five years of continuous service;
(c) One week, where the worker is appointed on a weekly wage and has completed less than two years of continuous service and two weeks if he/she has completed two years and less than five years of continuous service:
(d) Where the worker is appointed on the basis of a daily wage, the period of notice shall be as follows:
▻ Firstly, if he/she has not completed three months of continuous service, at the end of any working day, it is not essential that the notice be in writing;
▻ Secondly, one week, if the worker completed between three months and two years of continuous service;
▻ Thirdly, two weeks, if the worker completed between two and five years of continuous service.
(e) One month if the worker is appointed on a daily, weekly or fortnightly wage, and has completed not less than five years of continuous service;
(f) Six months, directly before the expiration of the contract by reason of reaching the age of pension.
Pay in lieu of notice: Yes
→ Section 40(3) LA indicates that: If either party did not notify the other of the expiry of the contract of service, and under subsection (2), the injured party shall be paid compensation equivalent to the wage for the period of notice.
Notification to the public administration: Yes
→ Section 55 LA indicates that:
(1) In all cases specified in sections 53 and 54, the contract of service shall not be terminated before referring the dispute to the competent authority to obtain approval. The Commissioner shall make the appropriate investigation concerning that case or cases, and he/she shall make his/her decision thereon within a maximum period of two weeks starting from the date of referring the dispute to him/her.
(2) In case of proof of any of the cases specified in Section 53, the employer may suspend the worker until the competent authority makes its decision.
(3) When the employer terminates the contract of service before referring the dispute to the competent authority or before the competent authority makes its decision, the following steps shall take place:-
(a) The worker shall be returned to his/her work together with payment of full wage for the period during which he/she was suspended; or
(b) Payment of all entitlements of the worker, including his/her wage for the period of suspension, plus the payment of compensation equal to six months' wages.
(4) If the worker leaves the work before referring the dispute to the competent authority or before the competent authority makes its decision, no wage is to be paid to him/her for the days during which he/she left the work.
(5) If the competent authority is not convinced of the reasons for termination of the contract of service under section 53, the competent authority shall make its decision that the contract of service is to continue in force, and the worker shall start his/her work and shall be paid all his/her entitlements for the period during which he/she was suspended. If the decision is the termination of the contract of service under section 53, the employer may terminate the contract of service and shall pay the worker not less than three-quarters of the gratuity entitled to, in addition to his/her other entitlements, except his/her wage for the period of notice.
→ Under Section 53 LA, an employer may terminate the contract of service of a worker without notice in the following cases:
(a) If the worker assumes the personality of another, or if they present forged papers for the purpose of work;
(b) If the worker made a mistake resulting in gross negligence that caused heavy financial loss to the employer;
(c) If the worker, despite being notified in writing, does not comply with any instructions made for the safety of the workers and of the undertaking, provided that such instructions are in writing and fixed in a conspicuous place.
(d) If the worker deliberately omits to carry out his/her obligations under the contract of service;
(e) If the worker discloses any industrial or commercial secrets which come to his/her knowledge in the course of his/her duties, save what the law permits;
(f) If the worker is convicted of an offence concerning honour or morality or conduct, or if they commit in the place of work an act inconsistent with morality;
(g) If the worker commits an assault on his/her employer or the responsible manager, which is punishable by law, or if, in the course of or during his/her work, commits any grievous assault to any of his/her superiors or any other worker;
(h) If the worker is found in an obvious state of drunkenness or was under the influence of an intoxicating drug, provided that the medical practitioner so decides.
Notification to workers' representatives: No
No statutory provision was found in the legislation reviewed.
Approval by public administration or judicial bodies: Yes
▷ In cases of termination of the contract of service without notification.
→ Section 55(1) LA indicates that: In all cases specified in Sections 53 and 54, the contract of service shall not be terminated before referring the dispute to the competent authority to obtain approval. The Commissioner shall make the appropriate investigation concerning that case or cases, and he/she shall make his/her decision thereon within a maximum period of two weeks starting from the date of referring the dispute to him/her.
Approval by workers' representatives: No
Definition of collective dismissal (number of employees concerned) No definition of collective dismissal in the Labour Act.
Notification to the public administration No
No statutory provision was found in the legislation reviewed.
Notification to trade union (workers' representatives) Yes
→ Section 56(1) LA indicates that: The employer may apply to the competent authority for the reduction of the number of workers or to shut down the place of work for economic or technological reasons.
The worker's conduct or his/her incapacity may constitute a valid reason for his/her dismissal.
Notification to workers' representatives:
▷ Note: Direct notification to workers' representatives (or trade unions) is not required for economic dismissals (reduction of workers) under Section 56 of the Labour Code of 1997.
▻ The procedure involves the employer applying to the competent authority (Governor/Wali), which submits the application to a tripartite commission (subsection 6: equal representation from state, employers' organizations, and employees' organizations).
▻ The commission considers the application and provides recommendations, but there is no provision mandating separate or prior notification/consultation directly with workers' representatives at the workplace level.
▻ Workers' interests are indirectly represented through employees' organizations on the commission, but no explicit requirement for notifying or consulting workplace representatives exists.
→ Section 56(6) LA provides that: The competent authority shall constitute three commissions, the concerned state’s organs are represented by the numbers which are prescribed as well as the employers and employees organisations in equal manner to consider and direct the applications concerning reduction of the number of workers or shutting down the place of work according to this Act and the regulations made hereunder.
→ Section 113(1)(c) LA indicates that: A representative of a trade union representing the workers party to the dispute participates in the arbitration committee to which a dispute is referred when it is not settled amicably.
Approval by trade union (workers' representatives) Yes
→ Section 56(1 to 4 and 6) LA indicates that:
(1) The employer may apply to the competent authority for the reduction of the number of workers or to shut down the place of work for economic or technological reasons.
(2) The competent authority shall apply to the competent commission to consider it
(3) The competent authority shall make its decision on such an application within a period of three weeks from the date of receiving the same in the light of the recommendation of the commission mentioned in subsection (6)
(4) If the Governor (Wali) approves it, the employer may reduce according to the Governor’s decision. The employer has the right to reduce according to what was specified in his/her application if he/she did not receive the direction of reduction from the Governor after the expiry of four weeks from the date of receiving the application by the Governor, provided that no harm shall ensue to the reduced workers in relation to their rights. (...).
(6) The competent authority shall constitute three commissions, the concerned state’s organs are represented by the numbers which are prescribed, as well as the employers and employees organisations in an equal manner, to consider and direct the applications concerning the reduction of the number of workers or shutting down the place of work according to this Act and the regulations made hereunder.
Approval by workers' representatives No
No statutory provision was found in the legislation reviewed.
Priority rules for collective dismissals (social considerations, age, job tenure) No
No statutory provision was found in the legislation reviewed.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) No
No statutory provision was found in the legislation reviewed.
Priority rules for re-employment No
No statutory provision was found in the legislation reviewed.
Severance pay:
→ Section 60 LA Indicates that:
(1) Subject to the provision of the Social Insurance Act 1990 or any other beneficial scheme, the worker who completed a period of not less than three years of continuous service shall be entitled to a gratuity for the period of his/her service to be calculated as follows: -
(a) If he/she has completed a period of not less than three years, and not more than ten years, he/she is entitled to one month’s basic salary in respect of each year of service;
(b) If he/she has completed more than ten years, he/she shall be entitled to one month and half of the basic salary and if he/she has completed more than fifteen years, he/she shall be entitled to one and three quarters of a month’s basic salary in respect of each additional year of service; provided that the gratuity shall not exceed thirty six months’ basic salary.
(2) The gratuities are calculated on the last month’s basic salary
(3) The gratuity of the production worker shall be calculated on the average of the actual income during the last three years.
tenure ≥ 4 years: 4 month(s).
tenure ≥ 5 years: 5 month(s).
tenure ≥ 10 years: 10 month(s).
tenure ≥ 20 years: 26.2 month(s).
Redundancy payment:
No statutory provision.
▷ Severance pay (gratuity) is 0 months of basic salary for any tenure below 3 years. It is calculated only for continuous service of ≥ 3 years, on the last basic monthly salary (or average of last 3 years for production workers), with a maximum cap of 36 months.
▷ Note: The rates increase to 1.5 months/year after 10 years and 1.75 months/year after 15 years.
mine workers: Yes
▷ There is no statutory fixed amount or maximum limit. Compensation for unfair dismissal is subject to the appreciation of the competent labour authority (or Court).
▷ Note shall be taken that compensation of up to six months' wages is awarded to the worker dismissed by the employer before obtaining approval from the competent authority, when required by law (§§ 55(3) & 56(5), LA).
→ Section 55 (3) LA indicates that: When the employer terminates the contract of service before referring the dispute to the competent
Before the competent authority makes its decision, the following steps shall take place:-
(a) The worker shall be returned to his/her work together with payment of full wage for the period during which he/she was suspended; or
(b) Payment of all entitlements of the worker, including his/her wage for the period of suspension, plus the payment of compensation equal to six months' wages.
→ Section 56 (5) LA provides that: If the employer reduced the number of workers without regard to the procedure specified in this section or if that reduction was made in contravention of the Commissioner’s decision, or before his/her decision or before presenting his/her application, the following steps shall take place:-
(a) The worker shall be returned to his/her work together with payment of full wage for the period during which he/she was suspended; or
(b) Payment of all entitlements of the worker, including his/her wage for the period of suspension, plus the payment of compensation equal to six months' wages.
: No
No statutory provision was found in the legislation reviewed.
No
No statutory provision was found in the legislation reviewed.
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): the Labour Act of 1997 does not impose general statutory legal limits.
▷ Sections 55(3) and 56(5) provide a specific fixed remedy of compensation equal to 6 months' wages (plus full back pay for the suspension period and all other entitlements) as an alternative to reinstatement only in these two narrow situations:
→ Section 55(3): Employer terminates the worker's contract during a pending labour dispute (before referral to the authority or before the authority's decision).
→ Section 56(5): Employer carries out economic/technological reduction of workers (redundancy) without following the mandatory administrative approval procedure (application to the Governor/Wali and tripartite commission review).
▷ Note: The 6 months' wages compensation is a mandatory minimum/additional award for these particular procedural violations; it is not a general limit or cap on compensation for unfair dismissal.
For all other cases of unfair dismissal (e.g., individual dismissals lacking valid grounds under Sections 50–51), the Labour Code imposes no statutory limit on compensation. Courts or labour authorities may award:
▻ Reinstatement + back pay, and/or
▻ Compensation/damages assessed case-by-case (potentially higher than 6 months, based on loss suffered, length of service, etc.).
managerial / executive positions: Yes
→ Section 52 (3) LA (appeal process against termination) indicates that: If the competent authority approves the termination of the contract, the employer shall pay to the worker all his/her entitlements. If the Commissioner did not approve the termination, he/she shall order the worker's return to work, provided that all his/her entitlements for the period of suspension shall be paid to him/her.
If the employer objects to carrying out the decision of the competent authority, the employer shall grant the worker all his/her legal entitlements, including his/her wages during the period of suspension, plus compensation equal to six months' pay.
→ Section 55 (3) LA indicates that: When the employer terminates the contract of service before referring the dispute to the competent authority or before the competent authority makes its decision, the following steps shall take place:-
(a) The worker shall be returned to his/her work together with payment of full wage for the period during which he/she was suspended; or
(b) Payment of all entitlements of the worker, including his/her wage for the period of suspension, plus the payment of compensation equal to six months' wages.
→ Section 56 (5) LA provides that: If the employer reduced the number of workers without regard to the procedure specified in this section or if that reduction was made in contravention of the Commissioner’s decision, or before his/her decision or before presenting his/her application, the following steps shall take place:-
(a) The worker shall be returned to his/her work together with payment of full wage for the period during which he/she was suspended; or
(b) Payment of all entitlements of the worker, including his/her wage for the period of suspension, plus the payment of compensation equal to six months' wages.
police:
Labour Act of 1997 does not require preliminary mandatory conciliation before filing an individual unfair dismissal complaint with labour authorities or courts. However, it provides for negotiation, mediation and amicable settlement of a dispute.
▷ Negotiations
→ Section 105 LA indicates that:
(1). In case of a trade dispute arising the parties to the dispute shall, within a period not exceeding two weeks enter into amicable negotiations for settlement of such dispute; provided that period of negotiations shall not exceed three weeks after the date of commencement of negotiations; and provided further that subject to agreement of the parties the period of negotiations may be extended for an other two weeks.
(2). The competent authority or any person acting on his/her behalf may attend at negotiations of any trade dispute. He/she shall not take part in negotiations save by agreement of the negotiators.
(3) An agreement shall be drawn in three copies signed by the parties. Each party shall keep a copy and the third copy shall be sent to the competent authority within 15 days after the date of signature.
▷ Mediation
→ Section 106 LA provides that:
(1) In case of failure of the parties to the dispute to reach an agreement for settlement of the dispute under Section 105, each party may, by himself/herself or through his/her representative, apply to the competent authority, to endeavour to settle the dispute amicably. An application shall specify the names of the parties to the dispute or their representatives, their addresses, the subject and circumstances of the dispute, and the names of the negotiators; provided that the number of representatives of each party shall not exceed three persons.
(2) Whenever one of the parties to the dispute applies for intervention of the competent authority the other party shall be bound by his/her intervention.
(3) If neither of the parties to the dispute applies for mediation, the competent authority may make a decision to refer the dispute for mediation without obtaining their consent. The two parties shall be bound by such decision.
▷ Amicable settlement
→ Section 109 LA states that: The competent authority shall, within a period not exceeding three weeks after the date on which he/she receives an application, endeavour to settle a dispute amicably guided by the information and documents presented by the parties to the dispute.
→ Section 110 LA indicates that: If a dispute is amicably settled the competent authority and the representatives of the parties shall sign the agreement reached. A copy shall be given to each of them and the competent authority shall keep the third copy. The agreements shall be binding on the parties during the period of its continuance in force.
▷ Under the Labour Act 1997, multiple references are made to "Court", including under Sections 36(2)(c), 37(3), 67, 72, 101, 103 and 126. However, no explicite reference is made to "Labour Courts".
labour disputes (both individual and collective) follow a structured resolution process.
▷ Individual Disputes (e.g., unfair dismissal, wages, termination)
▻ Workers first refer complaints to the competent authority (e.g. the commissioner).
▻ The authority investigates, mediates/conciliates, and issues a decision (e.g., Sections 52, 55, 56 for termination-related cases).
▻ Remedies include reinstatement, back pay, or compensation.
▷ Collective Disputes
▻ Direct negotiations between parties (Section 105).
▻ If unsuccessful → conciliation by the competent authority (Sections 106–111).
▻ If conciliation fails → mandatory referral to an Arbitration Committee/Tribunal (Sections 112–123).
▹Composition: Chaired by a judge (nominated by the judicial authority), with representatives from employers, workers/unions, Ministry, and others.
▹Decisions are final and binding, with no appeal mentioned.
Existing arbitration: Yes
▷ Arbitration Tribunal
→ Section 112 LA indicates that: If the competent authority becomes unable to settle a dispute amicably within the period referred to in Section 109, it shall refer the dispute to an arbitration tribunal without the approval of the parties to the dispute, for determination whenever it deems it necessary.
→ Section 113 (1) LA The competent authority shall, by a decision made by him/her, constitute an arbitration tribunal as follows:
(a) A judge whose grade is not less than a Provincial judge, to be nominated by the Chief Justice in the state as Chairman;
(b) In the case of the private sector, an employer who has no connection with the dispute is to be nominated by the employer; in the case of the public sector, a representative of the Minister of Finance is to be a member;
(c) a representative of a trade union which has no direct connection with the subject of the dispute, to be nominated by the trade union party to the dispute as a member;
(d) a representative of the Ministry of Manpower as a member;
(e) a person experienced in industrial relations as a member.
(2) Subject to subsection (1) and in cases where any public institution and corporation in which the government own more than 50% of its shares party to a trade dispute concerning the conditions of service of workers, the Minister of Finance appoints a representative in arbitration tribunal and in cases of federal public institution and corporation the competent governor appoints a representative for him/her in arbitration tribunal.
→ Section 114 LA indicates that:
(1) The Chairman of an arbitration tribunal shall, within a period not exceeding one week from the date of reference of the dispute to arbitration, fix a date for hearing thereof.
(2) The presence of four members, including the Chairman, shall constitute a quorum of an arbitration tribunal.
→ Section 115 LA states that: An arbitration tribunal shall consider and decide a dispute referred thereto within a period not exceeding four weeks after the date of reference to arbitration, and the Chairman of an arbitration tribunal may require the competent authority to extend the period for settlement of a dispute not exceeding four weeks
→ Under Section 116 LA, an arbitration tribunal have powers to summon witnesses, administer an oath to them, compel them to produce documents and books which it deems necessary to pursue, summon experts, move to the places of work and to take all necessary measures which enable it to determine the dispute without adhering to the means of proof applicable in the civil courts.
→ Under Section 117 LA, a party to a dispute may engage an advocate to represent him/her before an arbitration tribunal.
→ Section 118 LA indicates that: An arbitration tribunal shall apply the laws in force, and may in so doing resort to custom and the principles of equity in accordance with the general economic and social conditions in the area.
→ Section 119 LA provides that: An arbitration tribunal shall make its awards according to the opinion of the majority. A dissenting opinion may be given and its reasons shown.
→ Section 120 LA stipulates that:
(1) An award of an arbitration tribunal shall be final and shall not be challenged in any way whatsoever.
(2) The Chairman of an arbitration tribunal shall notify the parties to the dispute of the award and give them a copy thereof. He/she shall send a copy of the award, together with all documents relating to the dispute, to the Commissioner for retention. He/she shall give extracts thereof to those concerned.
Length of procedure:
▷ Note: Labour legislation specifies fixed timelines for certain key steps in dismissal procedures (such as notice periods, consultation deadlines in collective redundancies, or response windows for administrative authorizations) and in initial dispute settlement phases (e.g., negotiation, mediation or arbitration), but it does not establish any overall duration or time limits for the entire dismissal process or for subsequent judicial proceedings before the Court.
→ Section 114 LA indicates that:
(1) The Chairman of an arbitration tribunal shall, within a period not exceeding one week from the date of reference of the dispute to arbitration, fix a date for hearing thereof.
(2) Presence of four members including the Chairman shall constitute a quorum of an arbitration tribunal.
→ Section 115 LA states that: An arbitration tribunal shall consider and decide a dispute referred thereto within a period not exceeding four weeks after the date of reference to arbitration and the Chairman of an arbitration tribunal may require the competent authority to extent the period for settlement of a dispute not exceeding four weeks
No statutory provision was found in the legislation reviewed.
No statutory provision was found in the legislation reviewed.