Hiring in South Sudan: the work permit, the contract and ending employment, step by step

Move someone who is already in South Sudan

A contract cannot pass from one employer to another without the employee's prior written consent. A move to a new employer is a new contract.

Where a foreign employer hires a foreign national, the office of the Labour Commissioner approves the contract only where they are not bound to another employment contract for the same period. When their employment ends, the employer declares it to the immigration authority within 48 hours.

A South Sudanese citizen needs no permit. Their move turns on the notice their current contract sets, which is at least a month after a year's service. Their employer can waive the notice at their request.

Check the role is open to a non-South Sudanese national

Vending, hawking, driving, office support and any other manual work are reserved for nationals.

A foreign employer gives South Sudanese nationals priority, with at least 80% of posts at each level of management, especially where the skills are available.

Any employer recruiting for a qualified post asks the employment exchange to nominate a candidate, and appoints from those it nominates. Where the exchange has no one suitable, or nominates no one within 14 working days, the employer can put forward its own choice. A job advertisement needs the exchange's written permission first, and carries its permission number.

Set the contract up right

A contract can be written or spoken. It can run for a fixed period, an open period or a specific task. It sets out the particulars the Labour Act lists, among them the job, its duration, the notice, the pay and how it is worked out, and any repatriation terms. An employee on a spoken contract gets the terms in a written statement, or in a notice at the workplace where their terms match their colleagues'. The employer keeps the contract or the statement for three years after employment ends.

A fixed-term contract that runs on past its end, with no objection from the employer, is renewed on the same terms. After two years in all, it becomes open-ended.

A probationary period can last up to three months.

Every employee is paid without discrimination on nationality, in the same legal tender. Monthly staff are paid at the end of each month, with a written pay statement. A national social insurance fund registers employers and employees, collects contributions, and pays pensions and compensation.

Normal hours are up to eight a day and 40 a week. A day can run to nine hours where other days are shorter, keeping the week within 40. More than five hours' continuous work earns a paid break of at least one hour. Each week brings at least 24 hours' rest in a row, on the customary day or another agreed day.

Overtime is paid at least one and a half times the regular hourly rate on a working day, and twice on the weekly rest day. It is paid with the wages, within a month of the work. Work on a public holiday earns twice the hourly rate, or a day's paid leave instead. Senior management posts earn no overtime. Night work, from 10 at night to 6 in the morning, needs the employee's written agreement.

Know the employee test before you engage a contractor

South Sudan's Labour Act presumes that anyone who works for, or renders services to, another person is that person's employee, whatever the contract says. One sign is enough: the other person directs their work or their hours, they depend on that person economically, they are given the tools, or they work for that person alone. So is an average of 40 hours or more a month over the last three months. The presumption stands until the contrary is proven.

A role that needs a work permit goes through employer of record.

Know the leave your people are entitled to

After maternity or paternity leave, the employee returns to the post they held before it.

End employment on the law's terms

A contract can set longer notice. The employee can accept pay instead of notice, and the employer can waive notice at the employee's request. A fixed-term or task contract ends at its term without notice.

An employer can end a contract for incapacity, repeated poor performance, gross misconduct or a change in its operational needs. It gives the employee the reason in writing. Before a dismissal for poor performance, the employee is warned, told how they fall short, heard, and given a fair chance to improve. Gross misconduct is established only after the employee has seen the evidence and answered it, with a representative present if they wish. Absence for more than 72 hours without cause is gross misconduct.

Where ten or more people are made redundant within three months, the Ministry is told at least two months ahead. The union of any member affected is told at least 30 days ahead. Each employee with a year's continuous service is owed two weeks' wages for each completed year.

After a year's continuous service, a gratuity is owed on the last month's gross salary. It is a month's salary for each year up to ten. Longer service earns a month and a half's salary for each year, and 1.75 months' salary for each year beyond fifteen. The total is capped at 36 months' gross salary.

After six months' service, severance is also owed on an unfair dismissal, a death in service and the other cases the Act lists, in an amount agreed with the employees or their union. Everything owed is paid within 30 days of the end of employment.

A dispute over a dismissal goes to the Commission for Conciliation, Mediation and Arbitration within 30 days. Where a dismissal is found unfair, the Labour Court orders reinstatement unless the employer shows it is no longer possible, and otherwise compensation.

See what changes each year, and what is next

Income tax withheld from pay is remitted within 15 days of the month's end, or sooner where a month's amount is large.