Employment Security

Written Employment Particulars

The Labour Bill requires that any contract that exceeds three months in duration must be in writing. The written contract must be drawn up in three copies signed by both of the parties. One copy each is kept by employer and the worker and the third copy is submitted to the Labour Office. A written contract becomes effective only after the worker has signed it either by writing his name or printing his thumb impression or stamp on it. The worker may also call a witness to read the contract. Employer can also read the terms of contract to the worker in the presence of witness brought by the worker.

 

A written contract must clearly specify the right and obligations of the two parties and must contain following particulars: the particulars of the parties, i.e., the worker and the employer including worker's age, domicile and any other particulars necessary; the nature and kind of work agreed upon to be performed ,the starting date and workplace; the agreed wage and the time of payment; the notice period contract termination; any other terms of service to be agreed upon; educational certificates, experience certificates and any other relevant documents; date of termination of the definite work contract; any other particulars under the provisions of this law.

 

Sources: §29-31 of Labour Bill, 2011

Fixed Term Contracts

The Labour Bills provides for conclusion of employment contracts for definite or indefinite period or for the performance of some specific work. The duration of a definite term contract cannot exceed two years. The definite term contract may be renewed only once. Since the renewal period is considered continuous with the previous service, the maximum length of a fixed term contract including renewals is two years (24 months). If a worker continues service after duration of the period of renewal, he is deemed as contracting for an indefinite period contract. Any written contract is considered indefinite unless it is clearly stated that it is for a definite period or that it is for performing a specific work or for substituting another worker. South Sudanese labour Law allows hiring fixed term contract workers for tasks of permanent nature.

 

Sources: §30 of Labour Bill, 2011

Probation Period

The probationary period cannot exceed three months with the exception of thetraining period. The work contract is considered an indefinite contract if the probation period is not specified and the probationary period have elapsed without the contract being terminated by either party. The provisions on training contract are provided in section 18-20 of the Labour Bill.

 

Sources: §30 of Labour Bill, 2011

Regulations on Employment Security

  • Labour Code, 1997
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