COUNTRY

Employment contracts in South Sudan can be either written or oral and can be for a fixed term, indefinite or other relevant term. If the contract is written, then copies must be provided to all parties involved.

Employees who are hired on a definite-term contract that end up working through the agreed-upon date, are considered under a renewed contract with the same terms as previously agreed upon. If an employee has a fixed-term contract that is consistently renewed over the span of two years, that employee is deemed to have an indefinite-employment contract.

Employment contracts must include:

• name of employer,

• place of work,

• employee details,

• position held,

• probation period, which cannot exceed three months,

• duration of employment,

• tenure of the service,

• salary and payment terms,

• notice period,

• severance pay, and

• any other special conditions.

The standard work period in South Sudan is 40 hours a week: eight hours a day over five days. Employees are entitled to at least one day of rest in a workweek and a 60-minute rest break after five hours of continuous work in a day. Overtime is limited to 10 hours a week or three hours a day.

Employees receive 12 days of paid sick leave annually in South Sudan if they present a medical certificate.

Female employees in South Sudan receive at least 90 days of paid maternity leave for each pregnancy. Employees must give their employer at least 14 days of notice that they intend to take leave. Female employees who miscarry or deliver a stillborn child receive six weeks of leave. Upon returning to work, female employees work half days for up to 45 days to breastfeed. Male employees receive two weeks of paternity leave which must start within three days of the childbirth or immediately after a miscarriage.

Bonuses are not required in South Sudan.

Employees in South Sudan receive 21 days of paid annual leave after a year of service, which increases to 25 days after three years of service and 30 days after 15 years of service. Accrued but unused annual leave rolls over into the next year. When an employee has two years of accumulated unused leave, up to half of the days can be paid to the employee. The employer and employee must agree to take the payment in lieu of the leave and the agreement must be in writing. Any accrued but unused leave is paid to the employee upon separation of service.

In South Sudan, the public holidays are:

• New Year’s Day

• Peace Agreement Day

• International Labor Day

• Eid al-Fitr

• SPLA Day

• Independence Day

• Eid al-Adha

• Martyr’s Day

• Christmas Day

• Boxing Day

South Sudan does not have universal health care but does have limited medical facilitiies.

A fixed-term employment contract can be terminated at the end of the contract by the employer or the employee. Grounds for termination of an indefinite-term contract by the employer in South Sudan include:

• incapacity of the employee,

• repeated unsatisfactory performance,

• gross misconduct at work or with a real and or substantial connection to the employee’s place of employment, and

• redundancy.

Employers are required to provide a written statement to employees explaining the reason for their termination.

Severance pay is provided to employees with six months of service or more in a sum decided by the employer and employee in the employment contract. Employers are not required to provide severance pay for employees who are summarily dismissed due to gross misconduct or leaving their jobs for seven days without justification or notice.