Compilation of Selected Laws of Sudan
The Constitutional Court Act 1998
In pursuant to provisions of the republic of the Sudan 1998 the National Assembly has passed and the President of the republic has signed the Act hereunder provided .
Chapter 1
Preliminary Provisions
Title and Commencement
1. This Act may be cited as the Constitutional Court Act 1998 and shall Come into force from the dare of its signature.
Interpretation
2.1 In this Act unless the Context otherwise required:
"Constitution" means the constitution of the Republic of the Sudan 1998.
"Constitution and Suit" means any suit instituted before the Constitutional Court in accordance with law .
"Chief Justice" means the Chief justice of the Constitutional Court appointed in accordance with the provisions of article 3.
"Member" means the member of the Constitutional Court appointed by virtue of article 3.
"Judge" means the chief Justice ,Deputy Chief Justice or any of the members.
"Court" means the Constitutional Court provided for in article 3(1).
Chapter 2
The Court
3. Establishment and seat of the Court
3.1. The Court shall be Composed of the Chief Justice , Deputy Chief Justice ,and Five members all of them are appointed by The out the President of the Republic after the Consent of the National Assembly.
3.2. The seat of the Court shall be in Khartoum State and it may when necessary held its sessions in any other place decided by the Chief Justice after Constituting the members.
Court Sessions
4.1. The quorum of Judges required for the sittings of the Court shall be less than five members.
4.2. The Chief Justice shall Preside the sittings of the Court an If the Chief Justice and the Deputy Chief Justice are absent it shall be President.
4.3. The Court shall make an Internal regulation to conduct the works Procedures .
Condition of the appointment of the Chief Justice, Deputy and Other Justices
5. The Justice must meet the following requirements :
Vacancy of posts
6. The post of the justice of the Constitutional Court shall be vacant in any of the following cases:
Service Conditions
7. The President of the Republic shall determine by an order made by him the emoluments and Privileges of the justices.
Oath of Justices
8. The Chief Justice, deputy and other justices shall swear, before the President of the Republic, in the presence of the Speaker of the National Assembly, prior to assumming their posts, the following oath:
"I swear by Allah the almighty to respect the constitution and the laws, observe justice and fulfil the duty of my post with honesty , credibility, impartially without desire, fear or bias.
Prohibition of certain Activities
9. The Justice shall be prohibited from practicing any work or activity contradicting the independence of the Court and the Justice of the judicial post as it is Provided for on the regulations immunity of justices the justice may not be arrested , inquired or a criminal snit being instituted against him slave with the premising of the President of the Republic
Chapter 3
Jurisdiction and Powers of The Courts
Jurisdiction of The Courts
10. The Court shall be complement to hear and determine any matter concerning the following:
Powers of the Court
11.1. The Court shall, for the purpose of exercising the jurisdiction provided for in article 11, exercise all powers to hear and determine a case, to declare any law, judgment, or order unconstitutional, and to restore the right of an aggrieved person and to compensate him.
11.2. The Court has the power to issue an order to any authority to prevent it from doing any act in respect of a matter before it, to transfer a matter to the Court, to issue an immediate order to any authority to prevent that authority from disposing of a matter in a specific way, to take specific action, or to bring the matter before the Court so that its constitutionality may be examined, or to issue an order to any authority or person to bring a detainee before the Court to examine the constitutionality of the detention of that person. Failure to obey an order of the Court shall incurr personal responsibility.
11.3. The Court shall exercise the procedural powers of a criminal court in any criminal case against the President of The Republic or the government.
Chapter 4
Court procedures of the application for the Interpretation of the Constitution and Laws
12.1. The application for the interpretation of the constitutional lows shall be submitted by a petition from:
12.2. The application provide for in paragraph 1 shall include the following:
Basis of Examination by Court
13. The Court shall hear and determine the application on the documents contained in the record the Court may call on any party to file further statements that it deems necessary.
Rejection of an Amendment to a Petition
14.1. Where the petition is not draws up in the manner prescribed, the Court may reject it or return it for amendment within such time as may be fixed by the Court.
14.2. If the Petition is not amended within the time fixed by the Court in accordance with paragraph 1, the application shall be rejected.
The Summarily dismissal of the Petition
15. The Court shall dismiss the application and record the reason for such dismissal were it appears to it that,
Admitting the Suit
16.1. The aggrieved person or authority must exhaust all available domestic remedies before having recourse to the Court.
16.2. In the case of non-response by the authority to which a complaint has been submitted in a period not exceed 30 days from the date of receipt of the complaint, the Court may proceed to hear the caes if it deems such a hearing to be reasonable.
16.3. If a petition is submitted to the Court in the proper form, the Court shall make an order allowing it and directing the payment of the prescribed fees unless the applicant is excused from such payment by a court order.
Application for the Determination of the Jurisdictional Conflict
17.1. An application for the determination of a conflict of jurisdiction may be submitted to the Court from any national or federal authority by the Minister of Justice or by the national or federal governance body concerned.
17.2. The application mentioned in paragraph 1 shall specify the subject matter in respect of which the conflict of jurisdiction has arisen, whether it is about the Constitution, or other legal provisions, the grounds for the Court’s jurisdiction, the grounds and documents of each party concerning waiver of the fees, if relevant.
17.3. The Court may hear the parties, in addition to receiving written the grounds and documents in making it’s judgment or any decision.
Application concerning Individual rights
18.1. The application for determining any suit Presented by any person aggrieved by the violation of freedoms rights inviolable
quarantined by the constitutional shall submitted by a petition to the Court .
18.2. The applicant must exhaust the avoidable domestic remedies concerning the executive and administrative Bureau .
18.3. The application shall undue the following :
18.4. The Court shall determine the application on the documents contained in the record and it may hear the parries if it thinks necessary for the purpose of achieving justice.
Procedures For bringing Charges against of the President
19. Criminal procedures may not be instituted against the President of the Republic or any of the Governors except with the written permission of the National Assembly or the Federal Assembly.
19.1. If an applicantion for permission to be granted by the National Assembly or the Federal Assembly has been received by the Court concerning the institution of criminal proceedings against the President of the Republic or the Governor, as the case may be, the Court shall take the following steps:
Chapter 5
Decision Making and Minority Opinions
20.1. The Court shall make decisions by consensus or majority.
20.2. In the case of majority decision each Justice may attach a dissenting opinion to the decision.
20.3. The decision of the Court shall be final and not subject to objection.
Judgments in Constitution Matters
21.1. The judgments and decisions of the Court shall be binding immediately upon its issuance for all state apparatus and all persons.
21.2. The judgments and decisions of the Court shall be published in the official Gazette.
21.3.1. The consequence of a judgment concerning the unconstitutionality of any provision in the law or in a regulation or order or any subsidiary measures shall be its non-applicability.
21.3.2. If a judgment of unconstitutionality is given concerning a provision of the criminal law, any conviction based on that provision of law shall be considered as it has never been made (abolished).
21.3.3. The Chief Justice shall inform the Minister of Justice immediately on making such judgment to take the necessary steps to implement the judgment.
21.4. If a provision of the civil law is found to be unconstitutional that shall not affect the working of the law prior to the judgment.
Execution of judgments
22. A decision to award compensation mad y the Court shall be executed by the competent Civil Court .
Chapter 6
Financial and Administrative Affairs
Annual Budget
23.1. The Court shall have an independent annual budget made in accordance with the same bases as the national budget.
23.2. The Chief Justice shall submit a draft of the budget to the competent authority after considering it and getting the approval of all the Justices. The Chief Justice shall be in charge of the execution of the budget in accordance with the regulations made by virtue of this law.
23.3. The provisions of the standard national financial and accounting procedures shall be applied to the Court budget and the final annual accounts of the Court.
Administrative Affairs
24.1. The Court shall have a secretariat and a number of workers. The Chief justice shall have the power of full supervision over them.
24.2. There shall be established by an order made by the Chief Justice a committee for the workers’ affairs specialized in the administrative affairs of the workers, including their service conditions.
Application of Public Service Acts
25.1. The provision of acts applicable to employees in the judiciary shall be applied to the Court’s employees if there is no provisions dealing with a matter in this law.
Chapter 7
General and Transitional Provisions
Transitional Provisions
26.1. The provisions of this Act shall be applied to cases to be decided by he Court including pending constitutional cases or cases that have not yet been completed before the commencement of this Act.
26.2. All the Constitutional cases instituted before the High Court shall be transferred to this Court on the entry into force of this Act.
26.3. The Court may not review any judgment, decision, or order made by a competent court, or an administrative or executive authority, if the available means of appeal have been exhausted prior the entry into force of the Constitution of 1998.
Instituting the Proceedings in a Constitutional Case
27.1. A constitutinal case shall not be instituted before a Court by nyone holding a power of attorney, except if they are a legal advisor or a lawyer practicing his profession for not less than 20 years.
27.2. With regards to paragraph 1, if the poverty of the plaintiff has been proven, and he has asked for an attorney, the Minister of Justice shall appoint a legal advisor or a lawyer to represent the plaintiff.
Court Fees
28. The Court may make rules regulating the fees of the Court after consulting the Minister of Finance and National Economy.
Rules of Evidence
29. The Court shall be guided by the principles of evidence, the rules for the interpretation of the law, and the notice provided for in article 33(4) of the Criminal Procedure Act of 1983 if there is no provission in this Act.
The Constitutional and Administrative Law Act of 1996
In pursuant the provision of section 27 of the Fifth Constitutional Decree of 1991 the President of the Republic has issued the Provisional order hereunder provided.
Chapter 1
1. This provisional degree shall be cited as the "Constitutional and Administrative Law Act 1996" and shall come onto force from the date of signature.
Interpretation
2. In this Act unless the context otherwise requires.
"Supreme Court" means the Constitutional Division of High Court.
"Constitutional Division" means the Constitutional Division of the High Court concerned with the hearing of constitutional and administrative petitions.
"Competent Judge" means the judge of the High Court authorized to hear the administrative objections in the first degree.
"Administrative Decision" means a decision made by an administrative authority that is a public authority that has the specific legal effect of allowing or denying the exercise of a right or duty of any person or persons, including the refusal or omission of an administrative authority to make a decision that it is legally bound to make.
"Objection" means an objection submitted by an aggrieved person in accordance with the provisions of this Act concerning an infringement of the national constitutional system or a violation of human rights, objections to the constitutionality of laws, and objections to the exercise of authority emanting form law.
"Executive Acts" mean the acts of the President of the Republic in accordance with section 5 of the Third Constitutional Decree of 1995.
Chapter II
Constitutional Objections
Objection in the Acts of the President of the Republic and Council of the Ministers and Ministers
3.1. There shall be submitted by a petition to the Constitutional Division every objection to the acts of the President of the Republic regarding the exercise of his authority which is a direct source is any provision in the constitution or any low claming the infringement of the Constitutional human rights provided for the in the constitution the petition plant shall include in addition to the general particulars of the petition of the suit the act, authority, the right concerned and how it has been violated infringed .
National Council of Minister or any government of any state or any national or federal Minister concerning the exercise a provision in the infringement of the Constitutional national system regime or the human rights provided for in the constitution provided that the plaint shall include in addition of the general particulars of the petition of the suit the act , authority , the right concerned and how it has been violated ,infringed for the purpose of sub-section (1) it shall be considedr an infringement to the national regime the exercising of an authoruty or a federal authority has been provided for in the constitution or the law .
3.2. Notwithstanding the provisions of sub-section 1, the executive acts of the President of the Republic, done in accordance with the provisions of the Constitution, may not be the object of an objection in accordance with the provisions of this section that results in the non-execution of the acts, but shall result in an order for compensation.
Request for protection of constitutional right
4. A claim for protection of constitutional right is made through a petition to the constitutional tribunal and must contain the following information:
Claim of Unconstitutionality
5. If there is a claim of unconstitutionality of a law or legislative clause or action according to the text of clause (3) in Court and if the Court has assessed the validity of the claim then the court shall set a date for the portig to present the case to the high court .
If the claim of unconstitutionality is presented to the high court during the time set by the court to which the petition was untially made then the court shall halt the proceedings until the high court rules during period of three months .If the case is not raised to the high court during the set period or if the high then the claim becomes null and void .
Constitutional Remedy
6. An application for constitutional remedy shall lie to the Constitutional Division of the High Court and shall be in the form of a petition that includes in addition to the general particulars required the following:
Plea of Unconstitutionality
5.1. If a plea of the unconstitutionality of any law or legal provision or act is raised before any court in accordance with the provision of section (3) and such courts satisfied of the genuineness of the plea it shall fix a time within which the party interested may institute a suit in the supreme court.
5.2. If a suit is instituted within the time so fixed the court before which the plea is raised shall stay the proceedings pending the final disposal of the suit in the supreme court and if no suit is instituted within the time so fixed the plea shall be considered as nugatory.
Amendment and Rejection of a Petition
6.1. Where the petition is not drown up in the manner prescribed the constitutional circle may reject it or return it for amendment within such time as may be prescribed by the constitutional circle.
6.2. If the petition is not a mended within the time fixed by the court in accordance with sub-section (1) the petitions shall be rejected.
Summary Dismissal of a Petition
Admitting the Suit
8. Where the petition is presented in the proper form the constitutional circle shall make an order allowing it and directing payment of the prescribed fees unless the applicant is excused from payment by it the constitutional circle order .
Notices
9. The Government shall be regarded as interested party in any constitutional suit or petition and the attorney General shall be summonsed .
Joiner of other Persons
10. Where it appears to the constitutional circle that any person has a right or a direct interest in the result of the suit or petition the constitutional circle may at any stage of the suit or petition direct that such persons be joined as a defendant.
Procedures
11. In a suit for a declaration of the unconstitutional human rights the same procedures as provided in the civil procedures Act 1983 and determinacy a civil suit shall be followed except the notice provide for in section .
Disposal of a Suit
12. Where it appears to the constitutional circle that the mmatter in issue can be determined on the written submission of—the parties the constitutinal circle may dead it according to such submission unless one of the parties applies to be heard in person or by an advocate.
Reference of questions of facts to trial Courts
13. If a suit is instituted and section 5(2), and it appears to the constitutional circle that the parties are at issue upon any question of fact which can be determined in the trial court it may refer such question to such court for hearing and determination , the court to which any question of fact has been referred under sub-section (1) shall hear and determine such question and return the record to the constitutional circle the record to the constitutional circle .
To the constitutional circle on receiving the proceeding the proceeding the constitutional circle shall proceed to hear and determine such question and any other questions not referred to the trial court .
Judgment
14. The judgment shall contain the decisions of the constitution question the relief awarded if any other orders made by the court.
Publication
15. The Judgment of the constitutional circle on questions of constitutionality of laws and acts shall be published
Part 2
Interpretation of the constitution and its Procedures
16.1. The constitutional circle shall be competent to interpret the constitution of the Attorney –General .
16.2. The Attorney- General may of his own motion or on the application of the interested parties submit an application for interpretation if he is satisfied that the nature and importance of the provisions submitted require such interpretation to ensure consistency in their application
Contents of the Application
17. For the purpose of section 16 the application shall contain a statement as to the provisions submitted for interpretation and the grounds which necessitate such interpretation.
Disposal of the application
18. The constitutional circle shall hear and determine the application on the documents contained in the record not with standing the provisions as subsection 1 on the Attorney-General to file further statements or explanations .
Effect of the Constitutional judgment
19. The judgment of the Consituitonal Division shall have the same binding effect of an ordinary judgment of aa court of law.
Part III
Administrative Judiciary judicial review of administrative Decisions
Procedures on Application
20.1. An application to review an administrative decision shall be submitted by a petition to the competent judge made by the president of the Republic the National Council of minister or the government of any state or any National or federal Minister .
An application to review an administrative decision shall be lie to the court of Appeal and shall be in a form of a petition made by any other public authority not mentioned in sub-section (1).
20.2. The petition mentioned in sub-sections (1) (2) shall includes in addition to the general particulars required in the plant statement of the nature of the decision subject to review and the grounds there of .
Where the decision required to be reviewed is appealable to a competent administrative authority the application shall specify the result of such appeal and the date thereof.
20.3. The application shall be accompanied by a copy of the decision required to be reviewed.
Time for Review
21.1. An application for review shall be made within 60 days from the application of the decision in the Gazette or in departmental circular or from the date of communication to the parties interested which ever is earlier .
Where the decision is applicable to a competent administrative authority time commences from the date of final disposal of the appeal.
21.2. The non-disposal of the administrative authority in the appeal within 30 days from the date off it is submission shall be considered as a refusal /rejection .
Stay of Execution
22. The submission of an appeal in accordance with the provisions of section 20 day to the competent judge or the appeal court as the case may be shall not operate to stay the execution of the decision appealed against provided that the competent judge or the appeal court as the case may e application of the parties concerned order the stay of execution may be irreparable or can not be compensated or that the stay of execution shall not result in any injury to the parties .
Conditions for Accepting the Application
23.1. An application for review shall not be accepted,
Claim for Compensation
24. The competent judge or appellate court may decide upon claims for compensation for damages arising out of administrative decisions without limits as to value and where the claims was submitted as an original claim or incidental to a claim for setting aside an administrative decision.
Procedures in Hearing the Application
25. In the submission hearing and disposal of the application, the same rules and procedures shall apply as in a civil suit.
Appeal
26. The decision of an appellate court or a Competent Judge shall made to the Administrative Division within 15 days from the date of its communication to the applicant, by a petition submitted to the Administrative Division, and it shall contain a statement as to the reasons for the appeal and the grounds therefore. The Administrative Division shall make its decision within one month from the date of the submission of the petition. The same rules of the procedures shall be applied as are provided for in the Civil Procedures Act of 1983.
Execution of a Judgment
27. The judgment made in a review for an administrative decision shall be setting aside the decision or the subject to review making in order preventing and administrative.
Political Parties Act 1998
In the name of Allah the Compassionate , the merciful,
In pursuance to the provisions of the Constitution of the Republic of Sudan,
the National Assembly has passed and the President has signed the Act hereunder providing,
Chapter I
Preliminary Provisions
Title and Commencement
Interpretation
"Organization" means a combination of persons formed by voluntary affiliation, joining together for the purpose of political expression and to compete in elections for public authority in accordance with law.
"Registrar" means the registrar of the Political Parties according to section 7.
Chapter II
3.1. The organization shall be bound in its form by freedom, Shura and democracy and that shall be,
3.2. The organization in its political movement shall be bound by the fundamentals relating to the principles and provisions of the Constitution and laws and shall not adopt any methods or measures for the purposes of realising any doctrine to amend such fundamentals save by the manner and proceeding required by the Constitution or legal provisions.
3.3. The relationship between organisations shall be based on competition for the purposes of manifesting opinions and/or taking over authority and shall be restricted to safe and peaceful means and it reaction shall be peaceful without recourse to violence, force, aggression or tyranny which is in contravention with the rule of law, for the purpose of achieving any competition or political victory.
Chapter III
Capacity and Establishment
4. Any number no less and one hundred citizens having the right to vote in elections according to law and the leader of the organisation according to section 1, may establish an organisation and submit the application of its registration in accordance with the provisions of this law.
Membership Capacity
5. Any citizen has the right to join any organisation but he may not participate in the membership if he is prohibited by law from joining any party.
Memorandum
6. Any organisation shall have a memorandum in accordance with the Constitution and law, which includes the rules by which its work is organised, the organisation of financial and administrative affairs and its own distinctive principles and objects and without prejudice to the generality of the aforementioned, the memorandum shall include the following:
-the name of the organisation, provided that it shall not conform to the name of another organisation;
-the main office, which shall be inside Sudan;
-conditions of membership and withdrawal, in addition to the provisions concerning membership in article 3.1. above;
-the principles and policies and methods of work of the organisation, which must be in accordance with article 3.2. and 3.3; and
-the financial system of the organisation including the various procedures regarding payment, bookkeeping and accounting.
Chapter IV
Registration
Appointment of the Registrar
7. The President of the Republic shall appoint, with the consent of the National Assembly, a person or merit and experience as registrar for organisations and the order of appointment shall specify his emoluments and privileges.
7.1. The term of office shall be seven years from the date of appointment.
Registrar’s Oath
8. The registrar shall take the following oath before taking his office:
"I swear by the Almighty God that I shall perform my duties as a registrar for the political organisations without being a member of any organisation, independently, without being influenced by any authority and without fear and bias and that I shall be bound by Justice."
Labour Act 1997
(Act No.20- 1997)
(Translation copyrighted by Rifaat Makkawi and Hameed Emam 1998)
PART I: PRELIMINARY PROVISION
1.Title
2. Repeal and saving
3. Exemption
4. Interpretation
PART II: THE MANPOWER
5.The Commission and its constitution
6. Function of the Commission
7. Financial resources
PART III ORGANISATION OF EMPLOYMENT
8. Establishment of employment exchange
9. Private employment exchange and employment exchange agencies
10. Prohibition of employing unregistered persons
11. Furnishing particulars
12. Nomination of employment
13. Notification of the employment exchange of appointment
14. Employment of Sudanese abroad
15. Inspection and investigation
16. Training of workers
17. Training Contract
18.Termination of training contract
PART IV: PROVISIONS RELATING TO WOMEN AND JUVENILES
19.Requirement for employment of women
20. Hours of work of women
21.Employment of juveniles
22.Medical Examination for Juveniles
23.Hours of work of the juvenile
24.Fixing the conditions and regulations concerning the juveniles in a conspicuous place
25. The Commissioner’s notification
26.The termination of the juvenile’s contract of service
27. Establishment and Constitution of the Special Committees
PART V: CONTRACT OF SERVICE
PART VI: WAGES, LOANS AND OTHER EMOLUMENTS
PART VII:WORKING HOURS AND LEAVES
PART VIII: TERMINATION AND EXPIRY OF THE CONTRACT OF SERVICES
50.Termination of Contract of Service by Notice
51.Termination of the Contract of Service in the case of repeated contravention
52. Appeals
53. Termination of the Contract of Service without notification to the worker
54. Termination of the Contract of Service without notification to the employer
55. Referring of disputes to the Commissioner Referring of disputes to the Commissioner
56.Reduction of the number of workers for economic and technological reasons
57.Termination of the Contract of Service with notice by the worker
58. Termination of Service when the worker is on a journey or voyage connected with his employer’s business
59.Certificate of Service
PART IX: AFTER SERVICE BENEFITS
60.Calculation of the gratuity
61.Termination of Contract of Service by the worker
62.Gratuity of the Seasonal Worker
63.Additional of the period of the previous service
PART X: MISCELLANEOUS PROVISIONS
64.Work Regulations and Penalties
65.Keeping of Workers’ Records
66.Validity of Contract of Service with the successor
67.Prohibition of enforcing certain contract
68.Payments payable on the death of the worker
69.Inspection
70.Labour Relation Council
71.Priority of entitlement of the workers
72.Exemption from the Judicial fees
73.Lapse of right by prescription
74.Conditions of Service and better Benefits
PART XIV GENERAL PROVISIONS
125.Amendment of schedules
126.Penalties
127.Power to make Regulations and rules
In the name of God the Merciful and Compassionate,
According to the Constitution Decree No. 3 of 1995 the National Council has passed and the President of the Republic has ratified the following Act:
Part I: Preliminary Provisions
Title
Repeal and saving
2.1. The following Acts shall be repealed :
Exemption
3. The following categories of persons shall be exempted from the applications of this Act: -
Interpretation
4. In this Act, unless the context otherwise requires:
"wage" means the aggregate of the basic pay, and all other remuneration payable to the worker by an employer and includes the value of any food, fuel or residence and any over time, payments or other remuneration for any work done, and any other bonus; provided that it shall not include any ex-gratia payments, or gift or travelling allowance or privilege or any subscription paid by employer for the work in any social insurance project such as provident fund, or pension, or life insurance, or special expenses paid by the employer to the worker.
" members of the family" means husband or wife, father, mother, grandfather, grandmother, daughter, granddaughter, grandson, brother, sister, half-brother, half-sister, stepfather, stepmother, stepson, and stepdaughter.
"dependent family" means those members of the family of the worker who are wholly or partly dependent upon his earning.
"Licensing" means obtaining license in the prescribed form for erecting a new factory or an extension to an existing one or carrying out other industrial operations and it includes also obtaining a license for making alterations relating to the arrangement, erection or organisation of machinery.
"Accident" means any injury or occupational diseace set out in schedule No. (6) hereto, which occurs to the worker in the course of employment or being caused thereby; and disables him from performing his work and also means any fire, explosion or collapse which occurs in the factory.
"Serious Accident" means any accident causing death or 50 percent or more disability, or causing injury to more than one worker, and also fire, explosion or collapse that causes damage in the means of production or places of work.
"Infant" means any person under 16 years of age.
"Continuous service" means continuous service with same employer starting from the date of employment and includes the period of training and the probationary period specified in section 29 (4).
"Worker" means any person male or female not less than 16 years old who performs work in return for wages of whatever type in service and subject to the management or supervision of the employer, whether his contract of service is written or oral, expressed or implied or for the purpose of training or probation, or who performs manual or semi manual work whether skilled or unskilled in consideration of wage of whatever kind.
"Production Worker" means the worker whose wage is based on the amount of daily work or piecework.
"Casual Worker" means any person who performs temporary work in a factory for a period not exceeding fifteen days and of a nature, which is not included within the activity performed in the factory.
"Contract of service" means any contract whether written or oral, expressed or implied, where under any person is employed under the supervision and control of an employer for a wage of any kind but shall not include contracts of apprenticeship and under the apprenticeship and Vocational Training Act,1974
"Competent authority" means the Minister or Wali whatever so requires
"Employee" means any person who employs by contact of service one person or more for a wage of any kind.
"Medical Practitioner" means a medical practitioner registered under the Medical Council Act 1992.
"Commission" means the Federal Commission for manpower established under section 5(1) of this Act.
"Sub-Commission" means the Sub-Commission for manpower established under section 5(2) of this Act.
"Substance" includes any solid, liquid, gas or any other compound.
"The Council" means the Council of Labour Relations established by section 70 (1)
"Labour Office" means any office established by the competent authorities for the enforcement of the functions of this Act
"Employer" in the case of
First: The heirs and successors and assignees of an employer as the case may be .
Second: The owner of any establishment or the chairperson or any person authorised by him
"Basic Salary" means the salary plus the cost of living allowance excluding other allowances.
"Project" means any project under the management of any person; wherein one or more workers are employed in return for wage of whatever type in the federal or states governments, public, private, corporation or mixing sector.
"Factory " means any industrial establishment or corporation or scheme under the management of a natural or corporate person, wherein one or more workers are employed in return for wages of whatever type and includes all the industrial operations set out in schedule No.(2)hereto, and any places, whether in open space or otherwise where any of following are carried out, directly or indirectly, for trade purpose or for gain :
"Dependants" means those members of the family of an employer who have no work, profession or income by which they earn a living and his relatives or the relatives of his wife, who depend wholly on him for their livelihood
"Industrial Safety Inspector" means the official appointed under section 87 hereto,
"Civil Servants" means any civil servant who occupies a position set out in the first section of the public budget of the state;
"Trade dispute" means any dispute between employers and employees, between employees and employees, between employers and employers respecting the employment or non- employment or the terms and circumstances of employment of any person.;
"Trade Union" means any trade union formed under the Employees Trade Union Act 1992
"Minister" means the Central Minister of Manpower;
"Intimidate" means to cause in the mind of the employee or employer a reasonable apprehension of injury to him or any member of his family or to any of his dependants or of violence or damage to any employer or employee or to his property.
PART II: THE MANPOWER
The Commission and its Constitution
5.1 The Minister may, by an order made by him, constitute a commission to be cited as the Federal Commission for manpower, consisting of a president, specialised members representing the state’s organs concerned, workers and employers.
Function of the Commission
6.1.The Commission shall have the following functions:
6.2 .The Commission may authorise any of its functions to the subcommittees in the states.
Financial resources
7. Funds shall annually be appropriated for the activities of the commission and its sub committees from specific percentage of the development budget recommended by the National Council for planning to enable the Commission to perform its functions
PART III ORGANISATION OF EMPLOYMENT
Establishment of employment exchanges
8.1. The minister may establish employment exchange and determine the areas or groups for the service of which such exchanged are concerned
8.2. The employment exchange is subject to the supervision of the competent authority.
8.3. Every unemployed person willing and able to work or every workman desirous of changing his work , may apply for the registration of his name for such purpose at the employment exchange concerned, presenting all the necessary particulars and documents in proof thereof
8.4. The employment exchange may require any person willing to work or change his work to pass a vocation test which it thinks appropriate for proving his skills or to produce any necessary documents including the personal identity card in the places in which The Identity Cards Act,1981 applies
8.5 The employment exchange shall register every application presented to it which satisfied the conditions and shall give the applicant a certificate free of charge within a maximum period of two days from the time of presenting the application; provided that the validity of such certificate shall not exceed one year
8.6. No person shall register his name at one time in more than one employment exchange or furnish false particulars at the time of registration.
Private employment exchange and employment exchange agencies
9. 1.The Minister may in the cases of extreme necessity which so require and accordance to the rules and conditions determined by him permit any person to establish private employment or carry on employment business; provided that the exchange shall not charge any commission or obtain any fees from the workman in consideration for getting him employed
9. 2. Subject to section (1) no person or body shall carry on an employment business
Prohibition of employing unregistered persons
10. Without prejudice to the provisions of this Act, no project shall employ any person falling within the jurisdiction of any of the employment exchanges unless he has obtained a certificate of registration in accordance with the provision of section 8(4)
Furnishing particulars
11. Every project shall furnish the competent authority or the commission of the employment exchange concerned with any particulars required within two weeks from the date of request
Nomination of employment
12.1 Subject to the provisions of the Public Service Act 1994 and the regulations made thereunder: -
(i)employment of persons for casual work the performance of which does not take more than three months or any period determine by the Minster;
(ii)employment by the employer of the members of his family or his dependants;
(iii)principal posts the holders of which are considered as authorised representatives of the employer and the determination thereof shall be made by a decision of the Minister;
(iv)employment by an administrative body concerned with the welfare of ex-convicts
12.2. The Minster may make a decision to increase or reduce the number referred to in sub-section (1) hereof or order the exemption of any categories of workman from the provision thereof
12.3 . Any project may publish a notice for any post under sub-section (I) in accordance with the condition of the post submitted to the employment exchange; and if the employment exchange notifies the project, to which the provision of sub-section (2) of this section apply, that there is no person among those registered therein who possesses the required qualification or the employment exchange has failed to submit a suitable nominee within two weeks from the date of the receipt of the application, in such case the project shall notify the competent employment exchange with the name and the qualification of the person who has been chosen for the post within a week from the date of his employment
Notification of the employment exchange of appointment
13. Every project appointing a person registered at an employment exchange shall return the certificate of registration of such person to the exchange after recording the required particulars thereon within a period of two weeks from the date of appointment.
Employment of Sudanese abroad
14. Every Sudanese willing to work abroad shall obtain a permit therefor from the Commission according to the Regulation made under this act without prejudice to any other condition, or procedure, which shall, be required to be satisfied under any other Acts
Inspection and investigation
15.1 For the implementation of the provisions of this Act, the officials authorised by the Commission who shall carry cards evidencing their authorisation shall have power to visit projects at any time to carry out the functions of inspection or investigation or examining documents or cards relating to the workmen and to require the necessary particulars from the employers or persons acting on their behalf or to summon them if they decide it is necessary, and the employers or their agents or person shall facilitate the work of such officials and shall furnish them with the honest and correct information in relation to their work. The competent authorities shall give effective assistance to such officials in carrying out their functions if the situation so requires
Vocational Training
Training of workers
16. The employer may perform training to his workers for learning or training a designated trade within a specific period of time according to the requirements and needs of the work
Training Contract
17. The training shall be made in a writing contract, the obligation of the two parties in the period and the stages of training shall be prescribed, provided that the wage during the period of training shall not be less than minimum standard wage according to the Minimum Standard Wage Act 1974.
Termination of training contract
18. The employer may terminate the training contract when has proof of the incapacity and preparedness of the worker for training in a designated trade or working in satisfying manner
PART IV. EMPLOYMENT OF WOMEN AND JUVENILES
Requirements of employment of women
19. No women shall be employed in works which are dangerous, demanding great bodily effort or prejudicial to health such as carrying heavy weights and work done under the ground or under water and also work which would expose them to poisonous substances, cold, or heat exceeding the reasonable limits women can withstand.
Time of employment of women
20.1 No women shall be allowed to work between 10 p.m. and 6 a.m. with the exception of employment of women in administrative, professional, technical work or social or health services work.
20.2 Notwithstanding the provision of subsection (1) the competent authority in consultation with the Commission may allow under the conditions prescribed by it, .any class of women to work at night in response to the requirements of public interest.
20.3 The daily total rest intervals for women shall not be less than one hour with pay and the intervals shall be regulated so that the interval of rest extends for half an hour or more; provided that the working period shall not extend for five consecutive hours without such interval
Requirements for employment of infants
21.1.No infants shall be employed in any of the following works:
21.2 Subject to the sub-section (1) hereinbefore. Juveniles shall not generally be employed in dangerous industries and works injurious to health or those which require physical effort, or in works and jobs which are injurious to their morals. The Minister may specify certain works and jobs as such.
21.3 No infants shall be required to work at night between 8 p.m. and 6 a.m. and the commissioner may, where he deems it fit, exempt any infant between fifteen and sixteen years of age from the application of the provision of sub-section (1),
21.4 Juveniles under twelve years of age shall not be employed with the exception of:
21.5 The Minister or any person authorised by him may refuse the employment of juveniles under the age of 15 years in such industries and enterprises as he may specify by decision.
21.6 Subject to subsection (5) a juvenile under fifteen years of age shall not be employed unless he has a guardian who resides with him in the place of work. And the contract with the juvenile shall not be binding on him unless his guardian has approved his employment and presented to the employer what proof of his guardianship over the juvenile, and his address.
21.7 Juveniles shall not be employed for additional hours and shall not be employed in the weekly or officials holiday or waive their right to annual leave or postpone or break the same.
Medical Examination for Juveniles
22.Full medical examination shall be made for every juvenile before his employment and at periodic intervals after employment in the manner specified by the Commissioner according to the nature of work. a medical practitioner shall carry out the appropriate examination and issue the necessary medical certificates.
Hours of work of the juvenile
23. The normal working hours for juveniles shall be seven hours during which there shall be an interval of one hour for rest with pay, and the juvenile shall not be employed for more than four consecutive hours without internal for rest.
Fixing the conditions and regulations concerning the juveniles in a conspicuous place
24.The employer shall fix in a conspicuous place in the place of his work a copy of the regulations concerning the employment of juveniles provided for in his Act, and a list showing the hours of work and the periods of rest.
Competent authority’s notification
25.The employer shall notify the Competent authority of any infant who appears to be an unnaturally violent delinquent, who attempts to damage materials or machinery, or is habitually negligent and repeated an absent from work without acceptable excuse
Termination of the juvenile’s contract of service
26. The contract of service of any juvenile shall be terminated if it is proved that he is unfit for work according to a medical certificate issued under section 22 hereof.
Establishment and Constitution of the Special Committees
27. The Minister may establish and constitute special committees for any industry, or specific occupation, to lay down conditions of service for juveniles and for specification of weights that juveniles of less than fifteen years of age shall be asked to carry, pull or push. Such committees shall submit their recommendations to the Minister to make the appropriate decision thereon.
PART V: CONTRACT OF SERVICE
Writing of the Contract
28.1 Any contract which exceeds three months in duration shall be made in writing by the employer. Such contracts shall be written in three copies, signed by the two parties. Each party shall keep one copy and the third copy shall be deposited with the Commissioner.
28.2 .The contract made under sub-section (1) shall not be deemed beneficial to the employer unless and until the worker takes cognizance of and signs it, either by writing his names or putting his thumb impression or stamp on it. He may call a witness to read the contract over and sign it by writing his name or impressing his thumb or stamp thereunder.
28.3. In case the worker is not able to read the contract, the employer shall read the contract in the presence of the witness selected by the worker; provided that such witness is able to write and read.
28.4. In the absence of a written contract, the worker may prove his entitlements by any kind of evidence.
28.5.When a dispute arises between the employer and a worker working without contract of service for solving the dispute, they may be guided by one or more similar contracts that have been made with a number of workers, working with the same employer for the same period, for the same work and in the same enterprise.
Types and Terms of Contracts
29.1.The contract of service may either be for a definite or indefinite period, and it may be for the performance of a specific work.
29.2. The duration of a definite period contract shall not exceed two years, and it may be renewed only once in the same enterprise. Such new period shall be considered continuous with the previous service and in case the worker continues in service after the duration of the period of renewal, he shall be deemed as contracting for an indefinite period contract.
29.3. Any written contract shall be considered indefinite unless it is clearly stated therein that it is for a definite period or it is for performing a specific work, or for the substitution of a worker for another.
29.4.The probationary period shall not exceed three months with the exception of the training period and the contract of service is considered an indefinite contract if the period is not specified and the probationary period has elapsed, without the contract being terminated by either party.
Contents of the Contracts of Service
30.The contract of service shall be written in clear and unambiguous terms where the rights and obligations of the two parties are to be clearly specified. Without prejudice to the generality of the foregoing, the contract of service shall contain the following particulars:
(a)the name of the employer, and the name of the enterprise, its place and address:
(b)The full name of the worker, his age, domicile, and any other particulars necessary for identification and his qualifications;
(c) The nature and kind of work agreed upon to be performed; the starting date, and the place of work;
(d)The agreed wage and the mode of payment;
(e)Period of notice for the termination of the contract;
(f)Any other terms of service to be agreed upon;
(g)Any other particulars under the provisions of this Act.
Terms inconsistent with the provisions of this Act
31.Any term in the contract which is inconsistent with the provisions of this Act shall be void even if it proceeded the date of its commencement, unless such term is more favorable to the worker who can claim all his entitlements under this Act.
Work that differs from that agreed upon
32.The employer shall not ask the worker to do without his consent work basically different from the work agreed upon in the contract of service unless necessity so requires for prevention of an accident or repair of what arises from that accident, or in the case of force majeure provided that such request shall be temporary for a period not exceeding two weeks.
Presenting of Contracts
33. The Commissioner may, if he deems it necessary, ask the employer to present to him all contracts of service or of those of the same categories of workers working with him, for the purpose of perusal and checking.
Receipt for the papers of the worker and his certificates deposited
34.The employer shall give the worker a receipt for documents or certificates deposited with him
PART VI: WAGES, LOANS AND OTHER EMOLUMENTS
General provisions about payment of wages
35.1.The wages of the worker shall be paid in cash, and there may be exempted therefrom what is included into the wages such as providing the worker with food, fuel, lodging, transportation or clothing.
35.2.The wage may be paid daily, weekly, fortnightly, or monthly, in the manner agreed upon unless the Commissioner directs otherwise.
35.3.The employer and the production worker contracting to work for an indefinite duration shall agree to a specific wage for the minimum amount of the daily work and according to such wage there shall be calculated the entitlements of the worker other than the gratuities, and for the purposes of this section the wage of the production worker shall be calculated at a rate equivalent to that received by any other labourer carrying on a similar work and the wage shall be paid to him after certain periods of time under sub-section (2).
35.4.Notwithstanding any agreement between the employer and the production worker on the changes of the system of employment by transferring the worker from the monthly to the daily, the weekly or the fortnightly pay, or to the wage based on production, the worker shall continue to be entitled to all rights which he gained during the period in which he worked on the basis of the monthly pay.
35.5. Subject to sub-section (2) the wages of the daily workers shall be paid daily, unless there is an agreement between the employer and the worker, payment will be at the end of the working day in the place of work and during the working hours.
35.6.With the exception of what was provided for in sub-section (5) the wages shall be due at the end of the week, the fortnight, or the month as the case may be and shall be paid in the place of work and during the working hours. The payment of wage shall not be delayed to after the third day, from the date of entitlement as agreed upon.
35.7.In the case of termination of the contract of service, all entitlements of the worker shall be paid within a week from the date of termination.
35.8.The wages shall be paid to the worker personally, or to any person authorised by him in writing without any deduction. Unless, when such deduction is agreed upon in writing by the parties or such deduction is made under the provisions of this Act or any other Act. In the case of making any deduction, the employer shall give the worker a statement of such deduction if the worker so requests.
Deductions for Absence
36. 1.The worker shall not be entitled to his wage for the period of his absence from work, except in cases specified under this Act or where the employer consents to pay during absence from work.
36.2.The worker who completes three months in continuous service is entitled to a wage during his absence from work for any of the following reasons:
(a)The unavailability of the ordinary means of transportation;
(b)Occurrence of catastrophes or events that prevent him from attending to the work;
(c)Summons by the Court, or any other public authority authorised by law so to do;
(d)Death of husband, or wife, or any of the sons, or any of the parents, or any of the brothers or sisters;
(e)Any other reason accepted by the employer.
Loans
37.1.The employer may grant loans to the workers provided that: -
(a)Such loans shall be without interest but the employer may charge a reduced percentage to meet expenses concerning such loans;
(b)The periodical deduction for the settlement of the loan shall not exceed 15% of the basic salary.
37.2.Subject to paragraph (b) of sub-section (1) the worker shall pay the instalments of the loan granted to him at the termination of the contract of service, through the manner specified in the contract of the loan or by any other legal means.
37.3.Courts shall not accept any claims raised by an employer against any worker concerning any loan unless such loan was granted to him under a written contract.
37.4.Loans for workers shall be without interest
Travelling Allowance
38. 1.Any worker asked by the employer to do work outside the area of his work or outside the station of his work the employer shall bear the expenses of transport of the worker to and from.
When the worker spends a whole night outside the place of his work for the purpose of his duty, the employer shall pay him travelling allowance at the rate specified in the conditions of his service. If there is no agreement thereto, the employer shall pay the reasonable expenses which the worker spends every night provided that in all cases what the employer pays for one night shall not be less than the wage of three days. For the purpose of this section the transfer of the worker for a period of six months or less shall be considered as travelling on duty.
Expenses of Transportation
39.1.The employer shall transport the worker or pay the expenses of transportation to the area where he was initially employed within seven days from the date of the termination of the contract of service.
39.2.If the employer, during the commencement of contract of service, transported the worker from the place of his work to another place, he shall pay the expenses of transporting the worker, members of his family who totally depend upon his earnings and their luggage to that place according to the prescribed rates of transportation.
39.3.In the case of the worker’s death, the employer shall transport the wife or wives and children of the deceased worker who depend wholly upon his earning together with their luggage to their original place of residence if they so request.
39.4.A certificate from the competent authority shall prove the legal bail of the members of the family of the worker.
Statement of entitlements
The employer shall, at the termination of the contract of service, give the worker a detailed statement of his entitlements.
41.Violability of reconciliation, discharge or waiver
Unless it is otherwise provided in this Act, every acquittal or reconciliation or waiver concerning prescribed entitlements hereof shall be deemed void.
PART VII: WORKING HOURS AND LEAVES
Normal working hours
42. 1.The normal working hours shall be forty eight hours per week, or eight hours per day provided that an interval of not less than half an hour with pay shall be allowed during the working hours either for taking a meal or for rest.
42.2.The competent authority may an order made by it after consultation with the Council, amend the weekly or the daily working hours or the intervals of rest for some periods of the year or for some categories of workers according to the nature and kind of work.
42.3.The daily working hours shall be reduced by one hour with pay, during the month of Ramadan in relation to the fasting workers and to wet nurses for two years from the date of the birth provided that such an hour shall be payable by the employer
Overtime work
43.1. With the exception of the cases where the competent authority otherwise decides and subject to the provisions of section 21(7), the employer, in pressing emergency may ask the worker to do over-time work for a period not exceeding four hours and except in cases of imminent emergency the overtime work shall be an agreement of the two parties; provided that
1. its period shall not exceed four hours per day and twelve hours per week. In all cases, the overtime work shall be optional for women within the periods specified in sub-section (1).
43.2. The overtime work wages shall be paid on the date of payment of the normal wage as follows:
(a)In cases of normal working days, the hour is calculated to be equal to one and half-hour;
(b)In cases of official holidays and weekly holidays, the hour is calculated to be equal to two hour.
43.3 The overtime wage shall be calculated on the basic salary.
Annual leave
44.1. The annual leave is a right for the worker and shall be due according to sub-section (2) after the completion of one year of continuous service with the employer, provided that it shall be with full pay and its time shall be tabled during the year according to the needs of work and shall include the official holidays and vacations.
44.2. The annual leave shall be calculated as follows:
(a) If the worker completed from one year up to three years of continuous service, he shall be entitled to an annual leave equal to twenty days;
(b) If the worker completed eight years and less than fifteen years of continuous service he shall be entitled to an annual leave of twenty-five days;
(c) If the worker completed fifteen years or more of continuous service he shall be entitled to an annual leave equal to thirty days.
44.3. Subject to the provisions of sub-sections (1) and (2), in case of the termination of the contract of service for any reason or in the case of resignation, the worker shall be entitled to a wage for all the days of the annual leave or the proportionate part of the period he spent and had not been granted leave therefor.
44.4. The worker, with the consent of the employer, may postpone his annual leave for a year, or he may divide it between the year in which it was due and the following year and such leave shall not be postponed ( all or any part thereof) for more than one year, and the worker shall be entitled to his annual leave plus the postponed leave in the following year.
Travelling leave and official occasions and holidays
45.1. The worker shall be entitled to a travelling leave with full pay for travelling to and from between his place of work and his original home once per year.
45.2. The travelling leave shall be calculated according to the time shown by the Sudan Railways trains or the River transport Corporation steamers, or by any means available for land transportation to the original home of the worker; provided that in all cases the period shall not exceed ten days.
45.3. During the official occasions and holidays the worker shall be entitled to a leave with full pay, after the completion of three months of continuous service.
Maternity leave
46.1. A women worker after the completion of one year’s service from the date of her appointment and for any subsequent year of service shall be entitled to a delivery leave on full pay calculated as follows:
(a) Four weeks before delivery and four weeks after delivery provided that the probable date of delivery and the actual date on which delivery takes place shall be certified by the Medical Practitioner;
(b) A permission may be given optionally for the same period of leave as provided in paragraph (a) to be two weeks before delivery and six weeks after delivery;
(c) If the women worker absents herself after the completion of the period mentioned in paragraphs (a) and (b) above due to illness resulting from pregnancy or delivery which makes her unable to resume work with a certification of the medical practitioner, in such case she is considered to be on a sick leave.
46.2. Without prejudice to the provisions of paragraphs (a) and (b) of section 34 (1) and the provisions of section 50, the women worker shall not be dismissed during the period of pregnancy or during the delivery leave.
Sick leave
47.1 Subject to the provisions of the Work Injuries Compensation Act. 1981, if the worker completed a period of not less than three months of continuous service and he is unable to come to the place of work because of a certified illness the reason of which is not due to his misconduct or negligence, he shall be entitled to a wage for all the days of his absence due to such illness and the wage shall be calculated on every subsequent twelve months he spends in the continuous service as follows:
(a) Three months with full pay;
(b) Three months with half pay;
(c) Three months with quarter pay.
47.2. The worker shall not be on a sick leave with reduced pay unless he has exhausted his normal leave.
47.3. If the illness continue for a period of more than stated above, the worker shall be on a sick leave without pay until he is sent during a reasonable period to the medical commission to decide promptly his fitness for work
Mourning leave
48. A women worker whose her husband has died shall be granted a mourning leave with a full salary starting from the date of death of the husband and the period of leave shall be as follows:
(a)Four months and ten days where a women worker is not pregnant
(b) if she is pregnant, the mourning leave continues till her delivery, in this case, permission may be given for maternity leave for eight weeks starting from the date of delivery
Pilgrimage leave
49. The worker who spend three years of continuous service, he shall be entitled to a leave on full salary once during the period of his service, and the worker shall furnish the employer with the documents which proved his intention to perform this religious task
PART VIII: TERMINATION AND EXPIRY OF THE CONTRACT OF SERVICES:
Termination of Contract of Service by Notice
50.1. The contract of services shall terminate by notice for any of the following reasons:
(a) In case of disability of the worker to perform his work, or if he is so ill that he ceases to work even if after the completion of his annual sick leave whether such leave be with or without pay; provided that the illness of the worker be proved by the Medical Commission;
(b)The completion of the work contracted for, or expire of the period of the contract;
(c)The total destruction of the establishment;
(d)Attaining the age of sixty years, unless the two parties agree otherwise; provided that such period shall be considered continuous service;
(e)The dismissal of the worker, or his desertion of the work during the probationary period;
(f)Agreement of the two parties in writing to terminate the contract of service.
(g) Dissolution or liquidation of the establishment provided that is proven by official certificate from the competent authority
(h)Resignation of the worker
(i)Death of the worker
50.2. Except in cases where the contract of service provides for a longer period of notice the contract of service shall terminate for the reason mentioned in sub-section (1) by a written notice by either party, and the period of notice shall be as follows:
(a)One month, where the worker works on the basis of a monthly wage;
(b)Two weeks, where the worker is appointed on the basis of a fortnightly wage, and has completed less than five years of continuous service;
(c) One week, where the worker is appointed on a weekly wage and has completed less than two years of continuous service and two weeks if he has completed two years and less than five years of continuous service;
(d)Where the worker is appointed on the basis of a daily wage the period of notice shall be as follows: -
Firstly, if he has not completed three months of continuous service, at the end of any working day and it is not essential that the notice be in writing;
Secondly, One week, if the worker completed between three months and two years of continuous service;
Thirdly, Two weeks, if the worker completed between two and five years of continuous service;
(e)One month if the worker is appointed on a daily, weekly or a fortnightly wage, and has completed not less than five years of continuous service;
(f)Six months, directly before expiration of the contract by reason of reaching the age of pension.
50.3. If either party did not notify the other of the expire of the contract of service and under sub-section (2) the injured party shall be paid a compensation equivalent to the wage of the period of notice.
50.4. The worker may after the completion of half of the period of notice, leave the work for starting other work; provided that he is paid a full wage for the remaining period of notice.
50.5. If the worker at the expiry of the contract of service is entitled to his annual leave, the period of such shall not be calculated in the period of notice.
50.6. For the purpose of pension the age shall be proved by any of the following means and according to the following requirements:
(a)The admission of the age recorded by the employer in the document of the social security or pension. Or life insurance signed by the worker;
(b)The original certificate of birth;
(c)Certificate of birth by assessment from the medical commission.
Termination of the Contract of Service in the case of repeated contraventions
51.1. In the case of repeated contravention, if the worker is notified of dismissal where all or the maximum penalties prescribed were exhausted, the employer in the case of any succeeding breach, may terminate the indefinite contract of service by notice, the duration of which shall be fixed according to the provisions of sub-section (2) of section 50: provided that the employer shall give the worker a letter showing the reasons of the termination of the contract of service, and shall pay him all his entitlements.
51.2. The notification shall be automatically lapsed if the worker has received a final notification and has not committed any contravention within the year which follow the date of notification.
Appeals
52.1. Any of the two parties may appeal to the Commissioner against the order of termination of the contract of service under sections 50 or 51 within a period of two weeks starting from the date of notification.
52.2. The competent authority shall make his decision within a period of two weeks starting from the date of receiving the application of appeal.
52.3. If the competent authority approves the termination of the contract the employer shall pay to the worker all his entitlements. If the Commissioner did not approve the termination he shall order the return of worker to his work; provided that all his entitlements for the period of suspension shall be paid to him. In case that the employer objects to carrying out the decision made by the competent authority, the employer shall give the worker all his legal entitlements including his wage during the period of suspension, plus a compensation equalling to six months pay.
Termination of the Contract of Service without notification to the worker
53. The employer may terminate the contract of service without notice in the following cases:
Termination of the Contract of Service without notification to the employer
54. The worker may terminate the contract of service without giving notice to the employer in the following cases:
Referring of disputes to the Competent Authority
55.1. In all cases specified in sections 53 and 54, the contract of service shall not be terminated before referring the dispute to the competent authority to obtain his approval. The Commissioner shall make the appropriate investigation concerning that case or cses, and he shall make his decision thereon within a maximum period of two weeks starting from the date of referring the dispute to him.
55.2. In case of proof of any of the cases specified in section 53, the employer may suspend the worker until the competent authority makes its decision.
55.3. When the employer terminates the contract of service before referring the dispute to the competent authority or before the competent authority make its decision, the following steps shall take place:
55.4. If the worker leaves the work before referring the dispute to the competent authority or before the competent authority makes its decision, no wage is to be paid to him for the days during which he left the work.
55.5. If the competent authority is not convinced with the reasons of termination of the contract of service under section 53, the competent authority shall make its decision that the contract of service is to continue in force, and the worker shall start his work and shall be paid all his entitlements for the period during which he was suspended. If the decision is the termination of the contract of service under section 53, the employer may terminate the contract of service and shall pay the worker not less than three quarters of the gratuity entitled to in addition to his other entitlements, except his wage for the period of notice.
Reduction of the number of workers for economic and technological reasons
56.1. The employer may apply to the competent authority for the reduction of the number of workers or to shut down the place of work for economic or technological reasons.
56.2. The competent authority shall submit the application to the competent commission to consider it
56.3. The competent authority shall make its decision on such application within a period of three weeks from the date of receiving the same in the light of the recommendation of the commission mentioned in subsection (6)
56.4. If the Governor (walli) approves it, the employer may make the reduction according to the Governor’s decision. The employer has the right to make the reduction according to what was specified in his application if he did not receive the direction of reduction from the Governor after the expiry of four weeks from the date of receiving the application by the Governor; provided that no harm shall ensue to the reduced workers in relation to their rights.
56.5. If the employer reduced the number of workers without regard to the procedure specified in this section or if that reduction was made in contravention of the Commissioner’s decision, or before his decision or before presenting his application, the following steps shall take place:
56.6. The competent authority shall constitute three commissions, the concerned state’s organs are represented by the numbers which are prescribed as well as the employers and employees organisations in equal manner to consider and direct the applications concerning reduction of the number of workers or shutting down the place of work according to this Act and the regulations made hereunder.
Termination of the Contract of Service with notice by the worker
57. The worker, in cases other than those specified in section 53 may terminate the contract of service by notice according to the provision of sub-section (2) and (3) of section 50.
Termination of Service when the worker is on a journey or voyage connected with his employer’s business
58. If the worker is engaged in a land or sea journey connected with his employer’s business and the period of service contract expires or that the worker notifies the employer of the termination of the contract of service for the purpose of completing such journey, the employer may extend the period of service for another period not exceeding one month, starting from the date of the expiry of the contract of service. In such a case the worker shall be entitled to the quarter of the wage in addition to the wage agreed to in the contract of service, for any additional period of service.
Certificate of Service
59. The employer shall give the worker whose service has expired or terminated a certificate containing the name of the employer, the work he was performing, the period he spent in his service, and his wage without mentioning the reasons which lead to the expiry or termination of the contract of service.
PART IX: AFTER SERVICE BENEFITS
Calculation of the gratuity
60.1. Subject to the provision of the Social Insurance Act 1990 or any other beneficial scheme, the worker who completed a period of not less than three years of continuous service shall be entitled to a gratuity for the period of his service to be calculated as follows:
60.2. The gratuities are calculated on the last month’s basic salary
60.3. The gratuity of the production worker shall be calculated on the average of the actual income during the last three years.
Termination of Contract of Service by the worker
61.1. The worker who has completed a period of not less than three years of continuous service, and terminates the contract of service under section 57 shall be entitled to a gratuity calculated as follows:
61.2. "Gratuity" in this section means the gratuity entitled under the provision of section 60.
Gratuity of the Seasonal Worker
62.1. Every worker doing each year a seasonal work for a period of not less than three months shall be entitled to a gratuity if the total of the days of the actual service with the same employer is not less than three years.
62.2. The gratuity is calculated according to the provisions of section 60 taking into consideration that the season is a complete year.
62.3. For the purposes of this section, the monthly salary shall be calculated on the basis of the actual income from the same employer during the last three years divided by thirty-six months.
62.4. The provision of this section shall be applied to the first season after the commencement of this Act.
Additional of the period of the previous service
63. The employer may, at the request of the worker who is re-appointed, add the previous service of that worker to his succeeding service and shall be considered continuous service if the worker refunded the gratuity which he had received at the end of his first service, or he has agreed with the employer on manner of refunding the gratuity without satisfying his obligation to refund the same.
PART VIII: MISCELLANEOUS PROVISIONS
Work Regulations and Penalties
64. 1.Every employer shall make basic regulations and penalties regulations to be fixed in a conspicuous place in the place of work; provided that the basic work regulations shall include at least the hours of work and its time.
64.2. The employer shall deposit the basic work regulations with the Commissioner. The penalties regulations shall not be valid unless they are approved by the Minister.
64.3. The Minister may make standard penalties regulations according to the nature of every work for the employers to be as a guide in drafting their regulations.
64.4. The money obtained from fines shall be spent as for the benefit of the workers according to such terms and conditions as the Minister may prescribe.
Keeping of Workers’ Records
65. Every employer shall keep a record for each worker containing particulars about wages, deductions, annual leave, sick leaves, their dates and numbers and other conditions stipulated in the contract of service and any other detailed regulations made under this Act; provided that the keeping of such particulars shall be at least for one year after the termination of the contract of service. The employer shall produce any of such particulars to the competent authority whenever he so requests.
Validity of Contract of Service with the successor
66. If another person replaces the employer who contracted with the worker for the reason of selling the enterprise or transferring it to a company or partnership or by the reason of transferring the ownership by means of inheritance, or gift or will, or by reasons of transferring the power of supervision and administration, in these cases the worker’s contract of service shall be valid with such other person.
Prohibition of enforcing certain contract
67. The Court shall not enforce any contract under which the worker undertakes to pay the employer whole or part of any amounts, which the employer has paid or agreed to pay in connection with employment of such worker.
Payments payable on the death of the worker
68. 1. In the event of the death of the worker, his family members shall be entitled to the wages, gratuities or other payments which the deceased was entitled to under the provision of this Act at the time of his death.
68.2. The employer shall pay such wages, gratuities or other payments to a competent family court.
68.3. The family court distributes the wages, gratuities or other payments mentioned in subsection (2) to inheritors of the deceased.
Inspection
69.1. For the achievement of the purposes of this Act, the competent labour office or any person authorized by the competent authority may enter during working hours into any place whenever he has the reason to believe that there is work in that place, in which one worker or more are employed and he may ask the employer or any responsible person on his behalf to give any information for the implementation of the provisions of this Act. The employer or the responsible person or the worker shall give such information whenever possible.
69.2. The competent authority may call the employer or any person acting on his behalf or the worker at the labour office for the purpose of settling any matter for the implementation of the provision of this Act.
69.3. The competent authority shall not disclose any information given to him according to the provision of this section, except in cases which necessitate the disclosure of such information for the purpose of performing his obligations.
It is prohibited to any person carrying out an inspection according to subsection (1) to carry out such inspection if he has an interest or may benefit from a private relation.
The National and Federal Labour Relation Council
70.1.1. Council shall be established to be called "the National Labour Relations Council" by an order made by the Minister.
70.1.2. Council shall be established to be called "the Federal Labour Relations Council" by an order made by the competent authority
70.1.3. The two Councils, in addition to what is provided for in this Act, shall be responsible for the following:
70.2. The governor shall submit periodic reports on the performance of them Labour Relations Council in his state to the Minster in the framing of the general policy for labour relations
Priority of entitlement of the workers
71. Payments due under the provision of this Act for the workers and those claiming under them shall have priority over any other debts after the judicial fees.
Exemption from the Judicial fees
72. 1. In all stages of litigation, suits raised by the worker or members of his family, or the trade unions, in respect of disputes connected with the provisions of this Act shall be exempted from judicial fees.
72.2. In the case that the judgement is not in favour of the worker the Court may order the worker to pay all or part of such fees.
Lapse of right by prescription
73. The right of the worker to raise a claim in respect of the acquired entitlement, according to the provisions of this Act shall lapse:
Conditions of Service and better Benefits
74. The Act shall not be interpreted in such a way so as to prevent the employer from making conditions more beneficial to the worker than the conditions of service and benefits prescribed by this Act.
PART X1: INDUSTRIAL SAFETY
Application
75. The provisions of this Chapter shall be applied to the factories and other industrial operations in set out in Schedule No. 1 attached hereto.
Registration of factories
76.1. Every factory and every industry in any factory shall be registered in accordance with the provisions of this Act.
76.2. Every owner of an existing factory shall submit to the competent authority within one month of the date of commencement of this Act an application in the form set out in Schedule No. (2) hereto.
76.3. The factory shall be granted a registration Certificate in the form set out in Schedule No. (3) hereto.
Records of factories
77. As from the date of coming into force of this Act the competent authority shall keep registers of factories including all the particulars, which he thinks necessary for every factory.
The Licence
78.1.No factory shall be erected or an extension to a factory is built except after obtaining a license therefor from the competent authority.
78.2. The competent authority may close any factory or extension thereof if the same is being run without a licence.
78.3. The provisions of sub-section (1) shall apply to every alteration in any existing factory, the extension thereof, conversion of any existing premises into a factory or the installation or addition of new machinery.
78.4. Any thing which affects a factory internally or externally or which results in the addition of a new activity of the power or the alteration of the sections of the factory shall be deemed to be an alteration.
Requirements of Licence
79. 1. No license for erecting any factory or for carrying out any alteration therein shall be issued except after it is proved to the Commissioner that all the necessary requirements for erecting and running the factory have been satisfied.
79.2. The Minister shall specify, by an order to be published in the Gazette, the general requirements, which shall be satisfied in every factory.
79.3. The Commissioner shall specify the special requirements, which shall be satisfied in every factory.
Presentation of Applications for Licence
80. An application for obtaining a licence shall be presented to the competent authority in the form set out in Schedule No. (4) hereto and shall be accompanied by the site plans, drawing particulars of the machinery to be installed and the positions thereof, the raw materials to be used, the various building designs and all papers and documents required by the competent authority in according with the regulations and decisions made under the provisions of this or any other Act.
Inspection fees
81. The applicant shall be notified with the receipt of his application and shall be required to pay the inspection fees prescribed by the regulations.
Approval of an application
82.1. The applicant shall be notified after inspection of the approval or rejection of his application.
82.2. In the case of approval of erecting a factory, the applicant shall be notified with the requirements necessary to be complied with the factory and the period for satisfying them. The applicant shall notify the competent authority with this acceptance and satisfying such requirements. The competent authority shall, on ensuring that the said requirements have been satisfied, issue the required licence.
82.3. The licence holder shall obtain the final approval of the existing buildings from the Commissioner on the buildings being completed.
Relinquishment of application
83. On the expiry of one year from the date at which the period specified for satisfying the requirements, without the applicant notifying the competent authority with the same, the applicant shall be deemed to have relinquished his application.
Rejection of application and appeal
84.1. The decision of the competent authority refusing the issue of a licence shall state the reasons therefor.
84.2. An appeal against the decision of refusal shall lie to the Minister within a period not exceeding fifteen days of the date of notification of the applicant therewith.
Particulars required from the licence holder
85. Every licence holder shall present to the competent authority within a period not exceeding one year, a proper statement specifying therein the number of workers, the conditions of the work, the means of work, protection measures and any other particulars required by the Commissioner.
Assignment and transfer of a licence in case of death
86.1. The licence holder may assign his licence to any other person; provided that the assignee shall present an application, within fifteen days of the date of the assignment agreement, for transferring the said licence to his name, accompanied by the assignment agreement.
86.2. In the case of the death of a licence holder, the persons in whom the factory vests shall notify the competent authority, within fifteen days of the date of death, with their names and the name of their authorized agent in accordance with the provisions of this Act and shall carry out the procedure necessary for the transfer of the licence thereto within six months of the date of death.
Appointment of the industrial Safety Inspection
87.1. For the purpose of implementation of the provisions of this Act, the competent authority shall appoint industrial safety inspectors.
87.2. The competent authority shall have supervision over all factories and other industrial operations set out in Schedule No. 1 attached hereto.
Powers of Industrial Safety Inspections
88. 1. For the purpose of this Act and the Regulations made thereunder, an Industrial Safety Inspector shall have the power to enter the factory premises during working hours, by day or at night in order to inspect, inquire into accidents, examine the equipment and materials, and take samples thereof or to verify any other particulars, he thinks necessary.
88.2. The factory owner, his agent, or his deputy shall furnish the Industrial Safety Inspector with all the particulars and information he requires.
The Central Advisory Committee for Industrial Safety
89. 1. There shall be established a committee to be known as "The Central Advisory Committee for Industrial Safety" which shall have regional committees under it in such districts as may be specified by the Minister.
89.2. The Minister shall specify the functions and powers of the central Committee and of the regional committees under it.
89.3. The committee may constitute subcommittees in the states and it may authorise any of its functions to such subcommittees
Appointment of Industrial Safety Officers
90.1. Every-factory owner employing not less than 30 and not exceeding 150 employees , shall appoint a part-time Industrial Safety Officer, and if the number of workers employed in the factory exceeds 150 he shall appoint a full-time Industrial Safety Officer.
90.2. The Commissioner may specify the qualifications of Industrial Safety officers.
Industrial Safety Committee
91.1. There shall be established in every factory the number of workers wherein is 500 or more, an Industrial Safety Committee which shall be constituted of the factory managers as Chairman, heads of productive sections in the factory and two representatives of the workers trade union as members and the Industrial Safety officers shall be the referendary thereof.
91.2. The Industrial Safety Committee shall be responsible for planning the industrial safety policy in the factory and supervising the implementation thereof in accordance with the provisions of this Act and decisions made thereunder. The Committees shall notify the competent authority and the employer with everything relating to industrial safety conditions within the factory and its recommendations in this respect.
91.3. The Industrial Committee shall hold a meeting on the occurrence of a serious accident or within a week of the discovery of any occupational disease.
Reporting Accidents
92. When any accident occurs in any factory within the course of the daily work or as a result thereof:
Medical Complexes
93.1. The governor , in consultation with the Minister of Health in the state, may order the establishment of medical complexes in industrial areas for medical treatment and supervision of workers in factories.
93.2. The Order referred to in sub-section (1) shall specify the establishment costs, financing the services, the functions and powers of the complexes. It may also include the rules and requirements which ensure the efficient carrying out of the duties thereof.
Notification of workers with occupational dangers
94. Every factory owner shall bring to the notice of his workers the occupational dangers and the protection means therefrom and shall take such precautions as may be necessary for the protection of his workers against industrial accidents or from occupational diseases.
Training of workers
95. No factory owner shall assign any work to a worker unless he has received sufficient training therein or unless such work is performed under the supervision of a person or persons of experience in such field of work.
Duties of workers
96.1. No worker employed in any factory shall perform any work of such nature as may expose him or others to danger. He shall have the benefit of all means if protection provided for him.
96.2. No worker shall intentionally damage or misuse materials, machinery, and other property of the factory
Stopping factories and industrial operations
97.1. The Commissioner may prohibit the operation of any factory if, he is of the opinion that:
97.2. The competent authority may prohibit the manufacture, modification, or finishing of any machinery or any other thing which is manufactured, modified or finished locally if it is feared that it may cause bodily injury to the health or workers in any factory or place of work.
Responsibility of the factory owner
98. Where any contravention of the provisions of this Act has been committed in any factory, the owner of such factory shall be deemed responsible for committing such contravention unless he proves otherwise; provided that where such contravention has been caused by the breach of any person employed in the factory of any of his duties, the owner of the factory shall not be responsible for such contravention in respect of such breach unless it is proved that he failed to take all reasonable means to prevent such breach.
PART XII: TRADE DISPUTE AND STAGES OF SETTLEMENT OF DISPUTES
Application of this chapter
99. This provisions of this chapter shall apply to every trade dispute which arises between one or more employers and all their workmen or officials or any group thereof whether members of a trade union or not; provides that an employer shall not negotiate with any group of employees whenever they are represented by a lawful trade union save through such an organization.
Immunity of Trade Unions from actions in tort
100. 1. No action shall be entertained against a trade union or against any of its members or officials whether such action is instituted by workmen or employers on behalf of themselves or all other members of a trade union in respect of tort act alleged to have been committed by or on behalf of a trade union.
100.2. Nothing in the provisions of sub-section (1) shall absolve from any civil or criminal liability which may be incurred in accordance with the laws in force in respect of any act committed by a member or official of the trade unions or federations in violation of the rights and property of trade unions or federations.
Conspiracy in relation to a trade dispute
101.1. No action shall be entertained in respect of any act done pursuant to an agreement between two or more persons if done in contemplation or instigation of a trade dispute.
100. 2. Any activity which constituted an offense against state security, integrity or basic rules in accordance with the laws in force shall be an exception to sub-section (1).
100.3. For the purposes of this section an "offense" means any act which exposes the offender to penalty of imprisonment whether absolutely or at the discretion of the Court.
Permanent official of the Government subject to penalty.
102. Nothing in this Act shall be construed as exempting from disciplinary measures any permanent official of the Government who breaks his duties in contemplation of a trade dispute.
Immunity from actions for inducing breach of contract
103. No action shall be instituted in the civil courts against any employer or employee because of his doing any act in contemplation or furtherance of a trade dispute.
Intimidation and annoyance
104. Nobody shall compel any person to do or refrain from doing any act which such person has a legal right to do or refrain from doing the same, through:
PART XIII: STAGES OF SETTLEMENT OF DISPUTES
Negotiations
105.1. In case of a trade dispute arising the parties to the dispute shall, within a period not exceeding two weeks enter into amicable negotiations for settlement of such dispute; provided that period of negotiations shall not exceed three weeks after the date of commencement of negotiations; and provided further that subject to agreement of the parties the period of negotiations may be extended for an other two weeks
105.2. The competent authority or any person acting on his behalf may attend at negotiations of any trade dispute. He shall not take part in negotiations save by agreement of the negotiators.
105.3. An agreement shall be drawn in three copies signed by the parties. Each party shall keep a copy and the third copy shall be sent to the competent authority within 15 days after the date of signature.
Mediation
106.1. In case of failure of the parties to the dispute to reach an agreement for settlement of the dispute under section 105, each party may, by himself or through his representative, apply to the competent authority, to endeavor to settle the dispute amicably
106.2. An application shall specify the names of the parties to the dispute or their representatives, their addresses, the subject and circumstances of the dispute, and the names of the negotiators; provided that the number of representatives of each party shall not exceed three persons
106.3. Whenever one of the parties to the dispute applies for intervention of the competent authority the other party shall be bound by his intervention.
106.4. If neither of the parties to the dispute applies for mediation, the competent authority may make a decision to refer the dispute for mediation without obtaining their consent. The two parties shall be bound by such decision.
The attendance of representatives of Minister of Finance at the mediation and negotiation sittings
107. When any public institution and corporation in which the government owns more than 50% is party to a trade dispute, the Minister of Finance appoints a representative for him to attend the mediation and negotiation sittings
Condition of Application
108. If the application is submitted by the employer it shall be signed by him or by his authorised agent. If it is submitted by the workmen, it shall be submitted by the president of the trade union to which they belong subject to approval of the executive committee of the trade union or half the number of the workmen or officials if they have no trade union.
Function of the Competent Authority
109. The competent authority shall, within a period not exceeding three weeks after the date on which he receives an application, endeavour to settle a dispute amicably guided by the information and documents presented by the parties to the dispute.
Amicable settlement of a dispute
110. If a dispute is amicably settled the agreement reached shall be signed by the competent authority and the representatives of the parties. A copy shall be given to each of them and the third copy shall be kept by the competent authority The agreements shall be binding on the parties during the period of its continuance in force.
The period of continuance in force of an agreement
111. The agreement shall provide for the period of its continuance in force; provided that it shall not exceed three years unless the agreement deals with fixing of wages and working hours in which case such period may extend to a period not exceeding five years.
Reference of the dispute to Arbitration
112. If the competent authority becomes unable to settle a dispute amicably within the period referred to in section 109 it shall refer the dispute to an arbitration tribunal without the approval of the parties to the dispute; for determination whenever it deems it necessary.
Constitution of the Arbitration Tribunal
113.1. The competent authority shall, by a decision made by him, constitute an arbitration tribunal as follows:
113.2. Subject to subsection (1) and in cases where any public institution and corporation in which the government own more than 50% of its shares party to a trade dispute concerning the conditions of service of workers, the Minister of Finance appoints a representative in arbitration tribunal and in cases of federal public institution and corporation the competent governor appoints a representative for him in arbitration tribunal
The first session of the Arbitrati