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Labour Act 1997 (Act No.20- 1997).

Pays/Territoire
Soudan
Type du document
Législation
Date
1997
Source
FAO, FAOLEX
Sujet
Général
Mot clé
Loi-cadre Procédures judiciaires/procédures administratives Commerce/industrie/sociétés Renforcement des capacités Responsabilité/indemnisation Contrat/accord Règlement des différends Hygiène/procédures sanitaires Institution Questions de procédures Enregistrement Jeunesse
Aire géographique
Afrique, Nations en développement sans littoral, Pays les moins avances, Afrique du Nord et Proche-Orient, Afrique du Nord, Mer Rouge et le Golfe d'Aden, Sahel
Entry into force notes
This Act enters into force on the date of its signature.
Résumé

Comprising 127 Articles organized into fourteen Parts, this Act governs working rules in Sudan and is applicable to all workers, excluding civil servants, members of the armed forces, domestic servants, agricultural workers, family members of an employer, and casual workers, as specified in Article 3. Article 5 establishes the Federal Commission for manpower with the following main tasks (i) coordinating the activities of executive organs related to manpower in alignment with the prescribed general policy; (ii) compiling and updating relevant statistics, submitting all pertinent information and recommendations to the minister for presentation to the Minister's Council; (iii) overseeing prescribed manpower programs in a manner consistent with development plans; (iv) executing any additional functions in the field of manpower as entrusted by the minister within the overarching policy set by the Minister's Council. Part III is dedicated to the organizational aspects of employment, encompassing the creation and oversight of employment exchanges, registration protocols for the unemployed, and the issuance of certificates. The Act permits the establishment of private employment exchanges under specified conditions and prohibits the employment of unregistered individuals. Projects must secure permission from employment exchanges before disseminating employment notices, and nominations for employment should originate from exchanges for specific positions. The Act also mandates notifying employment exchanges of appointments and introduces regulations for the employment of Sudanese workers abroad. Authorized officials are granted inspection and investigation powers, while provisions for vocational training, training contracts, and termination are delineated in the Act. Part IV of the Act addresses the employment of women and juveniles, outlining restrictions and requirements. Women are prohibited from engaging in hazardous, physically demanding, or health-compromising work, and specific regulations govern the time of their employment. Infants are prohibited from various hazardous works, and juveniles are generally barred from dangerous industries or morally injurious jobs. Additionally, regulations cover the employment hours, conditions, and medical examinations for juveniles. Part V of the Act mandates written employment contracts exceeding three months, requiring signatures and depositing with the Commissioner; the contract becomes valid upon the worker's acknowledgment, allowing for a witness if the worker cannot read. Contracts may be for a definite or indefinite period, with a probationary period capped at three months, outlining crucial details such as names, age, work nature, wage, notice period, and more. Inconsistent terms are void, and the employer can't assign substantially different work without the worker's consent. Part VI covers wages, that shall be paid in cash, except for allowances for food, fuel, housing, transportation, and clothing, which may be paid in kind. PART VII of the Act addresses working hours and leaves. It stipulates normal working hours at 48 hours per week or 8 hours per day with a half-hour interval for meals or rest, allowing amendments based on work nature. The Part deals also with (i) overtime work (optional for women), (ii) annual leave; (iii) wages for unused leave days; (iv) additional leaves, including traveling, official occasions, maternity, sick, mourning, and pilgrimage leave, each with specific conditions and entitlements. Part VIII provides for matters regarding termination of employment and redundancy. Part IX provides for severance pay, including for seasonal workers. Part X contains general provisions regarding penalties, validity of contracts with successor employers, and labour inspection. PART XI focuses on Industrial Safety and covers the application of safety provisions to factories and industrial operations, requiring their registration. Factories must obtain licenses, with the competent authority having the power to close unlicensed ones. The Act details license requirements, application procedures, inspection fees, and approval processes. It establishes powers for Industrial Safety Inspectors, the Central Advisory Committee for Industrial Safety, and the appointment of Industrial Safety Officers. The Act mandates accident reporting, medical complexes in industrial areas, notification of occupational dangers to workers, worker training, and responsibilities of factory owners for contraventions. PART XII addresses trade disputes and their resolution. It applies to disputes involving one or more employers and their workmen or officials, whether or not they are members of a trade union. However, employers are prohibited from negotiating directly with a group of employees represented by a lawful trade union, emphasizing the importance of engaging with such organizations in dispute resolution. Part XIII covers the settlement of labour disputes through negotiation and arbitration.

Texte intégral
Arabe/Anglais
Site web
redress.org; https