Referencias
Social Security Act of 1990.
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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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Labour Code [LC], 1997.
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Ámbito de aplicación
Tamaño de las empresas excluidas (≤): ninguna
An employment agent is interpreted by the LC like any natural or moral person of the public or private sector who employs one or more persons under a contract of employment.
Categorías de trabajadores excluidas: cuerpos de seguridad estatales, miembros de la familia del empleador, funcionarios publicos, trabajadores agrícolas, trabajadores domésticos, policía, ejército, magistratura, ninguna
Art. 3 LC. The following categories are excluded from the scope of application of the LC:
- members of the Judiciary;
- consultants at the Ministry of Justice;
- members of the Armed Forces and the Policy;
- members of the National Security System;
- public employees;
- domestic servants as defined by the 1955 Domestic Servants Act;
- agricultural workers;
- family members of the employer;
- casual workers;
CDD regulados: Si
Art. 29. al 1 LC. A contract of employment may be drawn up for a limited or unlimited period of time and for a particular job.
Razones de utilización legítima de CDD: sin restricción
Art. 29 (1) LC. A contract of employment may be drawn up for a limited or unlimited period of time and for a particular job.
: 2
Art. 29 al 2 LC. A contract of employment for a limited period of time shall not be renewed more than once with the same establishment.
Duración máxima acumulativa de CDD consecutivos: 2año(s)
Art. 29 al.2 LC . A contract of employment for a limited period of time shall not exceed two years.
Duración maxima del periodo de prueba (en meses): 3 mes(es)
Art. 29 al. 4 LC. The probationary period cannot exceed three months, with the exception of a training period.
Obligación de motivar el despido: Si
Motivos autorizados (despido justificado):
Motivos prohibidos: embarazo, licencia de maternidad, responsabilidades familiares, enfermedad o accidente profesional temporal
Art. 46 (2) LC. The contract of employment of a female worker shall not be rescind during her pregnancy or confinement period.
Art. 36 (2) LC. An employee cannot be dismissed in case of his absence due to illness or temporary work injury.
Trabajadores que gozan de una protección particular (fuero): mujeres embarazadas o con licencia de maternidad
Art. 46 (2) LC. The contract of employment of a female worker shall not be rescind during her pregnancy or confinement period.
Forma de la notificación del despido al trabajador: escrita
Art. 50 (2) LC. The period of notice must be served in writing.
Art. 51 (1) LC. In case of dismissal with notice for disciplinary reasons, the employer has to hand to the worker a letter explaining the reasons for termination of employment
Plazo de preaviso:
Art. 50 (2) LC. The period of notice shall be calculated as follows:
- one month for workers with monthly wages;
- two weeks for workers with half-monthly wages who had been in less than five years of continuous service;
- one week for workers with weekly wages who had been in less than two years of continuous service and two weeks for workers who had been in continuous service for a period between two years and less than five years;
- in cases of workers with daily wages, the period of notice shall be as follows:
. on the last day of work for workers who had not been in three months of continuous service;
. one week for workers who had been in between three months and two years of continuous service;
. two weeks for workers who had spent between two and five years of continuous service;
. one month for workers with daily, weekly or half-monthly wages who had spent not less than five years in continuous service;
- six months before the termination of the contract of employment as a result of reaching the statutory retirement age.
Indemnización sustitutiva de preaviso: Si
Art. 50 (3) LC. If one of the two parties notify the other of the termination of the contract of employment, the injured party shall receive a compensation equivalent to the wage payable for the period of notice.
Notificación a la administración: Si
Art. 55 (1) LC. An employer shall not terminate a contract of employment before having submitted the conflict to the competent authority.
Notificación a los representantes de los trabajadores: No
Aprobación de la administración publica o de organismos judiciales: Si
Art. 55 (1) LC. An employer shall not terminate contract of employment before having obtained the approval of the competent authority.
Acuerdo de los representantes de los trabajadores: No
Definición de despido colectivo (número de empleados afectados) No definition of collective dismissal in the LC.
Notificación a la administración No
Notificación a los sindicatos (representantes de los trabajadores) Yes
Art. 56 (1) LC. In case of collective dismissals for economic reasons, the emplyoer must submit to the competent authority a request to reduce the workforce or to close the enterprise for economic or technical reasons.
Notificación a los representantes de los trabajadores: No
Acuerdo de los sindicatos (representantes de los trabajadores) Yes
Art. 56 (2) (3) (4) LC. The competent authority consults the tripartite committee for guidance. In case of the public approval received, the employer may dismiss his/her workers, provided that this measure does not prejudice the workers' rights including their right to be notified.
Acuerdo de los representantes de los trabajadores No
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio) No
Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...) No
Reglas de prioridad para la re-contratación No
Severance pay:
Art. 60 (1) LC. Any worker who has been employed by the same employer for not less than three consecutive years, is entitled to severance pay which is calculated as follows:
- one monthly wage for each year of continuous service of three to 10 years;
- one and a half monthly wage for each year of continuous service of 10 to 15 years;
- one and three quarters monthly wage for each year of continuous service of more than 15 years, without, however, exceeding the amount of wages for 36 months.
The art. 60 (2) of the LC provides that the severance pay shall be calculated on the basis of the last basic salary.
Redundancy payment:
No statutory provision.
mineros: No
Art. 56 (5) LC. The compensation up to six months' wages are awarded to the worker dismissed by the employer before obtaining the approval by the competent authority, when it is required by law (secs. 55(3) & 56(5), LC.
directores/ gerentes: Si
Art. 52 (3) LC. If the competent authority disapproves the termination of the contract, it can order the employer to reinstate the worker or to pay him/her compensation equivalent up to six months of wages.
Art. 55(3) and 56(5), LC. The reinstatement and compensation up to six months' wages are awarded to the worker dismissed by the employer before obtaining the approval by the competent authority, when it is required by law.
policía: Si
Art. 106 LC. 106. The two parties to a dispute may submit by themselves or by their representatives an application to the competent authority to settle the dispute amicably. Where one of the two parties to a dispute submits an application to the competent authority to settle the dispute, the other party shall abide himself by the intervention. Where neither of the two parties to a dispute submits an application for conciliation, the competent authority may order the referral of the dispute to conciliation without obtaining the authorizations of the two parties. The two parties shall abide themselves to respect this order.
Arbitraje: Si
Art. 112 LC. Where a dispute is not settled amicably within the period of 3 weeks, it shall be referred to an arbitration body for a decision without requesting the permission of the two parties to the dispute.
Art. 113 (1) LC. The establishment of an arbitration committee shall be order by the competent authority as follows:
- a judge whose rank is not inferior to a judge of a general court to be nominated as a president of the committee by the president of the judicial system in the district;
- in the case of private sector, an employment agent who does not have any relation with the dispute to be nominated by the employment agent, and in the case of the federal government and the governmental bodies at the district, a representative of the Minister of Finance;
- a representative of the trade union which does not have any direct relation with the subject of the dispute, to be nominated by the union representing the workers party to the dispute;
- a representative of the Ministry of Manpower;
- an experienced person to be nominated by the competent authority.
Duración del procedimiento: 4semana(s)
Art. 115 LC. The arbitration committee shall examine and settle the dispute submitted to it within a period not exceeding four weeks as from the date of submission.