Employ Candidates Compliantly in South Sudan

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  1. Overview: South Sudan
  2. Global HR Compliance
  3. Global PEO and payroll
  4. Work permit for hiring expats via PEO
  5. Expand without a company set up
  6. Contractor vs. employee: which is better?
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Global HR Compliance in South Sudan

If you hire international workforce, or plan to hire, then Hiring and Firing Workforce in South Sudan Guide below will help you understand the nuances of labor legislation in the country.

Companies hire international workforce for various reasons but in most cases they are:

  • entering the foreign markets to sell company products. To do so, the company hires sales representatives who would represent their product and sell it to their local client base.
  • hiring a global talent with unique skills that is unavailable in the local market or costs the company less than the talent with similar skills hired in the home country.

Before entering a certain foreign market or engaging a global talent, it is crucial for the company to understand how it can make local hires and reward its workers on a monthly basis. Growing companies often face a challenge of paying benefits and bonuses to the commission-based independent sales representatives they are working with.

If you intend to hire and pay your foreign workforce in full compliance with labor laws and regulations of South Sudan, then the Global Employer of Record service from Acumen International may be the best way for you to go. We are an International PEO company and we specialize in global employment, meaning we can employ your employees in South Sudan and act as their legal employer on your behalf. We will payroll your foreign workforce monthly and provide benefits to them through our global network so you don’t have to set up your own legal entities there.

We are experts in global workforce employment in , and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.

Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.

With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in South Sudan.

See Hiring and Firing Workforce in South Sudan Guide below for a general overview of labor rules and regulations in the country. Or contact us if you need to employ workers in South Sudan or would like to get more details.

Hiring and Firing Workforce in South Sudan Guide

# Employment contracts
Any employment contract exceeding three months shall be put in writing by the employer. The contract of employment shall be drawn up in three copies and shall be signed by the two parties who shall keep a copy each, and the third copy shall be kept with the Employment Agency.
A contract of employment may be drawn up for a limited or unlimited period of time and for a particular job. A contract of employment for a limited period of time shall not exceed two years and shall not be renewed more than once with the same establishment. The period of renewal shall run consecutively from the period of preceding service. Where the worker continues in service beyond the expiry of the period of renewal, he shall be deemed employed under a contract of indefinite duration.

Any written contract of employment which does not indicate that it is for a definite period of time or for the performance of a specific job or for the replacement of a worker shall be deemed to be for an indefinite period of time.

# Minimum (Statutory) Employment Rules and Regulations in Sudan

# Hours of work:
Official hours of work are 48 hours per week or 8 hours per day broken by a paid period of rest of not less than half an hour per day for eating or resting. The competent authority may, after consultation with the Council, issue an Order to amend for certain periods of the year or for certain categories of workers, as required by the nature and type of work, the weekly or daily hours of work or the periods of rest to be taken during these hours.

Working hours shall be reduced by one hour during the month of Ramadan for workers who fast and for breastfeeding mothers for two years as from the date of birth of their child, provided that this hour is paid.

# Probation period:
The probationary period shall not exceed three months, with the exception of the training period. Where a contract of employment is not for a definite period of time and where the probationary period expires without termination of the contract by one of the parties, the contract shall be deemed to be for an indefinite period of time.

# Annual leave:
Workers shall be entitled to annual leave with full pay after one year of continuous service with the employer and for the following years. Such leave shall be determined during the year depending on the requirements of the work. Days off and official holidays falling within a worker’s period of leave shall be counted as part of his annual leave.

The entitlement of the worker’s annual leave shall be as follows:

  • 20 days if a worker has been continuously employed by his employer for a period of one to three years;
  • 25 days if a worker has spent eight years or less than 15 years of continuous service with his employer;
  • 30 days if a worker has spent 15 or more years of continuous service with his employer.

A worker may, with the consent of the employer, postpone his annual leave for one year or may take half of it during the year in which he is entitled to take his leave and the other half in the following year. It shall be forbidden to postpone all or part of the annual leave for more than one year. The worker shall be entitled in the following year to take his annual leave in addition to the accumulated leave.

# Parental leave:
A female worker shall, after six months of service and for each further year of service, be entitled to maternity leave with full pay to be calculated as follows:

  • four weeks before her confinement and four weeks after her confinement, provided that the date of confinement is certified by a doctor;
  • two weeks before her confinement and six weeks after her confinement if she wishes so;
  • if the female worker absents herself from work after the termination of a disease resulting from the pregnancy or the confinement which prevents her from resuming her work, as certified by a doctor, she shall be considered to be on sick leave.

Without any prejudice it shall be forbidden to rescind the contract of employment of a female worker during her pregnancy or confinement period.

# Sick leave:
In observance of the provisions of the 1981 Act concerning the Compensation for Industrial Injuries, a worker who has terminated a continuous period of service of not less than three months with his employer, and who is unable to attend his work because of a disease he has contracted which is not due to his behaviour or negligence and which is certified by a doctor, shall be entitled to receive his/her wage for the days of absence. The wage shall be calculated as follows:

  • full pay for the first three months of absence;
  • half pay for three months of absence following the first period of the three months of absence;
  • 25 per cent of the pay for three months of absence following the second period of three months of absence.

The worker shall be entitled to sick leave with reduced wage only after he/she exhausts his/her normal leave.

# Overtime:
With the exception of cases for which an Order from the competent authority is issued, employers may, in cases of force majeure, assign the worker to perform overtime work immediately after the official working hours and for a period not exceeding 4 hours. With the exception of cases of force majeure, overtime work may be performed only with agreement of both parties; however, its duration shall not exceed 4 hours per day or 12 hours per week.

In all cases, overtime work shall be optional for women within the period provided. The worker shall receive his payment for overtime work as follows:

  • during the normal working days, he shall be entitled to receive the equivalent of his wage of one hour and a half for each hour of overtime;
  • during official holidays, he shall be entitled to receive the equivalent of his wage of two hours for each hour of overtime work.

The overtime wage shall be calculated on the basis of the basic salary.

# State minimum salary:
The minimum wage in Sudan is 425 Sudanese pounds per month,applicable to all workers. Sudan’s minimum wage was last changed in January 2008.

# Employee dismissal:
A contract of employment may be terminated with notice for the following reasons:

  • The incapacity of a worker to perform his/her job or his/her contracting of a sickness which prevents him/her from returning to work after his/her annual sick leave with or without pay is terminated, provided that the incapacity, diseases or unfitness to work is established by the medical committee;
  • the termination of the job or the termination of the contract for a definite period;
  • the total destruction of the establishment;
  • the attainment of the statutory retirement age of sixty unless the two parties agree otherwise and provided that the period of service is considered continuous;
  • the dismissal of a worker during the probationary period or his leaving the workplace during that period;
  • the agreement between the two parties in writing to terminate the contract of employment;
  • the dissolution or liquidation of the establishment provided that such dissolution or liquidation is certified by the competent authority;
  • the resignation of the worker;
  • the death of the worker.

Acumen International can help you fast-track your possibilities of entering and expanding your business in South Sudan by providing you with our Employer of Record services. Our unique mix of PEO/EOR solutions will enable you to jumpstart your global operations almost immediately, cost-effectively and compliantly without any need to set up a legal entity first or afterwards.

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