Labor law in Sudan

The central framework is the Labour Act 1997, supported by the Trade Unions Act 2010, the Social Insurance and Pensions Act 2016, the Work Injuries Compensation Act 1981, the Minimum Standard Wage Act 1974 and constitutional equality and labor protections. A worker generally means a person aged at least 16 who works under an employer's supervision for wages. A contract of service may be written, oral or inferred from the parties' conduct. A contract lasting more than three months should be written in three copies, signed or marked by both parties, with one copy for each party and one for the Commissioner. It should identify the employer and enterprise, workplace, worker's identity, age and qualifications, duties, start date, work location, wage, payment method and notice period. The probation period may not exceed three months. A fixed-term contract may generally last up to two years and may be renewed once in the same enterprise; continued work after that point can result in an indefinite contract. If no written contract exists, the parties may prove its terms through other evidence. A worker should receive a receipt for documents deposited with the employer, and an employer cannot create a court-enforceable substitute claim for its own recruitment costs against the worker. Wages include basic pay and other remuneration such as food, fuel, housing, overtime and bonuses. Social-insurance, pension and life-insurance contributions, travel allowances, gifts and special expenses are treated separately under the wage rules. Payment may be daily, weekly, fortnightly or monthly according to the agreement. A late payment should normally be corrected within three days after it falls due, and final settlement should be made within one week after employment ends. Deductions require a legal basis or written agreement, and an employer should provide a deduction statement when requested. Employer loans are generally interest-free, with periodic deductions limited to 15% of basic salary. The legal framework refers to a minimum standard wage, but the currently applicable amount should be confirmed with a competent Sudanese authority before relying on a specific figure. Normal working time is generally 48 hours per week or eight hours per day, with at least a 30-minute paid break. During Ramadan, fasting workers and nursing mothers for up to two years after birth receive one fewer paid working hour per day. Overtime normally depends on agreement; emergency overtime may reach four hours per day and 12 hours per week. Overtime is generally paid at 1.5 times basic salary on ordinary days and twice basic salary on weekly or official holidays. Women in the protected period may work overtime only voluntarily. After one year of continuous service, annual leave is paid. The stated periods are 20 days after one to three years of service, 25 days after eight to fewer than 15 years, and 30 days after at least 15 years. The statutory wording is unclear for the period from three to fewer than eight years, so that interval requires case-specific confirmation. Unused leave may be paid proportionally when employment ends. With the employer's consent, leave may be postponed for up to one year. After three months of service, official holidays are paid. Annual travel leave is paid for up to ten days. Maternity leave is eight weeks on full pay after the required service period, normally four weeks before and four weeks after birth or, with the required arrangement, two weeks before and six weeks after birth. Dismissal during pregnancy or maternity leave is prohibited under the stated protection. Certified sick leave after three months of service can provide three months on full pay, three months on half pay and three months on quarter pay within a 12-month period, followed by unpaid leave until review by a Medical Commission. The legal framework recognizes equal pay for equal work and equality protections, but also restricts women's night work from 22:00 to 06:00 and work that is hazardous, arduous or harmful to health, subject to listed professional and ministerial exceptions. Forced labor is prohibited under constitutional and international commitments. Older statutory age rules prohibit work for children below 12 except in limited training or family settings, allow ministerial restrictions below 15, and prohibit hazardous or night work for those below 16. Sudan has ratified ILO Convention No. 138, which sets a minimum employment age of 14, so age-related cases should be checked against the applicable current rule rather than relying on an isolated old translation. Factories and industrial workplaces must follow registration and safety requirements. Safety inspectors may enter workplaces, review documents and take samples. An industrial safety officer is required part-time for workplaces with 30 to 150 workers and full-time above 150 workers. A safety committee is required at 500 workers and includes two trade-union representatives. Employers should inform workers about hazards, provide precautions and protective equipment, and arrange training and supervision. Deaths, fires, explosions, serious accidents and injuries causing at least one day of incapacity should be reported on the same day. A Commissioner may stop an unsafe factory or operation. Work injuries and occupational diseases are addressed through the Work Injuries Compensation Act and social insurance. The National Pensions and Social Insurance Fund administers compulsory private-sector coverage, including foreign workers, when an employer has at least one worker. Diplomatic missions are excluded. Employers and workers register with the Fund, and the stated contribution rate is 25% of the assessment wage: 17% from the employer and 8% from the insured worker. The assessment wage includes basic pay, cost-of-living, housing, transport and fixed allowances. Coverage concerns work injury and occupational disease, old age, health disability and death, although local access and processing times vary by region. Trade unions and federations are intended to be voluntary, democratic, independent and permanent. Registration gives a union legal personality. The General Registrar of Labour Organisations receives the preliminary committee and statutes, with statutes generally deposited within two months; provisional activity can begin after the deposit receipt, and a registration decision should follow within one month. An appeal against the Registrar may be filed within 30 days at the Supreme Court. A current Ministry of Justice notice dated 11 August 2025 stated that Constitutional Decree 4/2025 lifted the freeze imposed in January 2023, allowing unions to resume activity. The 2026 Ministry information identifies an active Registrar, but union access and independence remain uneven because of conflict and regional control. The framework generally limits an enterprise to one union and does not permit a category union. Employers may not interfere with union activity or punish a worker for lawful union activity. Written requests can authorize deduction of union dues, and paid union leave is limited by statutory periods. Collective disputes generally move from negotiation to mediation and, if necessary, arbitration. Negotiations should start within two weeks after the dispute arises and conclude within three weeks after starting, with a possible two-week extension by agreement. A mediation application identifies the parties, addresses, subject and negotiators; each side may have up to three representatives, and the competent authority may take up to three weeks. If mediation fails, an Arbitration Tribunal hears the matter, normally within one week of referral, and issues an award within four weeks, with a possible further four weeks. The award is final and binding under the stated Labour Act procedure. A total or partial stoppage, or employer closure, is prohibited before the required negotiation and mediation steps and while mediation or arbitration is pending. Worker and union cases are generally exempt from legal fees under the Labour Act, although a court may award costs after an unsuccessful case. Claims for gratuity generally have a five-year limitation period, while wage and other entitlement claims generally have a one-year period. Termination may follow notice for reasons such as incapacity confirmed by a Medical Commission, contract expiry, total destruction, reaching age 60, probation dismissal, written mutual agreement, liquidation, resignation or death. Notice periods depend on the payment cycle, service length and circumstances: a monthly-paid worker generally receives one month, while weekly and daily workers receive periods ranging from the end of the day to one month. Notice connected with pension age is six months. Missing notice normally creates a wage claim for the notice period. Repeated misconduct requires the maximum available disciplinary penalties, a reason letter and payment of due entitlements; gross misconduct includes forged documents, gross negligence causing serious loss, deliberate safety disobedience, serious duty breaches, disclosure of secrets, certain convictions, assault and intoxication or drug use at work. A worker may leave immediately for employer deception, non-performance, assault or a serious known danger that remains uncorrected. Economic or technological reductions and shutdowns require an application to the competent authority and review by a commission with state, employer and worker representation. An unauthorized reduction can lead to reinstatement, suspended wages or other entitlements and compensation of six months' wages. The employer should issue a certificate of service without stating the reason for termination. Gratuity generally begins after three years of continuous service: one basic-salary month per year for three to ten years, 1.5 months per year above ten years, and 1.75 months per year above 15 years, subject to a cap of 36 basic-salary months. Production workers use average actual income for the last three years, and qualifying seasonal work can count by season. The statutory wording on partial gratuity after resignation is internally inconsistent and requires case-specific legal review. The Ministry of Human Resources and Social Welfare, Ministry of Justice, Labour Offices, Commissioners, the National Labour Relations Council, the Federal Labour Relations Council, the General Registrar of Labour Organisations and the National Pensions and Social Insurance Fund perform different functions. Employment Exchange registration is free, can produce a certificate within up to two days and is generally valid for up to one year; private employment exchanges require ministerial authorization. Projects with at least ten workers generally nominate workers through an Employment Exchange, and Sudanese workers seeking employment abroad require a Commission permit. In practice, war-related displacement, damaged state capacity and regional security conditions can determine whether these bodies are reachable and whether a formal decision can be implemented.