19 May 2013

New Employment Guidelines for South Sudan

Employers in South Sudan have been notified of new employment and labour guidelines following the independence o South Sudan last July.

By Gabriel Mayom

Juba, 29 May 2012 [Gurtong] -In a circular to employers in the country signed by the Undersecretary for Labour and Industrial Relations in the Ministry  of Labour , Public Service and Human Resource Development Hellen Achiro Lotara employment of all Sudanese will be terminated and the positions filled by South Sudanese nationals by end of June.

"Sudanese nationals who might remain in the work with private sector, UN agencies, NGOs and Diplomatic Missions in South Sudan are informed to process work and resident permits within 30 days to enable them continue working in the country", read the circular.

The Ministry has also asked jobless South Sudanese with skills in hospitality to avail their documents and register with the Labour Office at national or state levels within the next one month.

It has also directed all organisations to recruit South Sudanese nationals at managerial levels.

Meanwhile, South Sudanese employers have been directed to adhere to employment terms and conditions.

In a press release, the South Sudanese Ministry of Labour, Public Service and Human Resource Development has clarified different areas of concern on employment in the country.

These include; working hours, overtime, unfair termination of contracts and tax levied on terminal benefits, numbers of national staff in management positions and staff association.

Others include sick leaves, contribution towards the National Social Insurance Fund and payment of salaries.

The Undersecretary for Labour and Industrial Relations in the Ministry Hellen Achiro Lotara has directed that employees are expected to work for eight hours a day between Monday and Friday, with Saturday and Sunday as resting days.

"Any hour worked beyound eight hours should be considered as overtime which is compensated either in monetary terms or in kind", said the release.

The Ministry has further directed that no employer will be allowed to terminate any contract of an employee without prior approval from the labour office either at the state or national level.

It adds that terminal benefits being paid to retrenched staff will not be subjected to taxation, adding that any employer contravening the directive will face the law.

The Ministry has also expressed concerns with the absence of South Sudanese in key management levels, saying it leaves a gap to enforce policies and regulations of the Republic of South Sudan.

The ministry has also cautioned employers against victimising staff who join trade unions formed to promote their rights and interests.

At the same time, the Ministry has directed that dully approved sick leave should be paid for.

It has also emphasised that all employees must pay for the National Social Insurance fund for their employees.

On salaries, the Ministry expressed concern with the mode of payment by most organisations.

"It has come to our attention that international organisations and agencies operating in South Sudan are paying the national staff in local currency. This is a clear violation of the universal declaration of human rights. It is unfair to pay the national staff with local currency while their staff are paid in hard currency”, says the Ministry.

The circular has been shared with private companies, NGOs, UN agencies and Diplomatic Missions in South Sudan.

 

 

Posted in: Home, Governance
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30/05/2012, 10:40 AM
 - Posted by Cullinan Gerald
South Sudan must encourage investors and not create hurdles like the ones it is doing with the guidelines published above.

Questions
1. How can the government tell investors to pay local salaries in usd when there are no usd in the economy ? Banks will not issue payments in usd and companies are forbidden to charge in usd? It is an impossible situation that will only lead to a exodus of investors.
2. While investors will be happy to employ locals that are qualified it is still a challenge in a lot of fields to find these locals with the required skill set. The ministry should encourage training of locals and encourage the many South Sudanese that live abroad to come home and fill these positions. We cannot blame the South Sudnese who have been trapped by war and denied their rights to education! However we cannot also demand investors hire locals where at times the skills are lacking today . It will take time to solve .
30/05/2012, 8:10 PM
 - Posted by Nixon Andu
Mr. Cullinan,

Your comments are too inimical to South Sudanese citizens at home. I don't think that the number of qualified diaspora S. Sudanese can override the ones at home. Most NGOs including investors often come to Juba with thier staffs either from abroad or from neigbouring countries. You cannot judge people without putting them into practice.

"Situation that will lead to exodus of investors"!! Hmmm,,, well, ONE INVESTORS GOES, ANOTHER ONE COMES. We live in a globalized world with lots of competition.
22/07/2012, 3:16 PM
 - Posted by Martin Mongalla Ngbabare Rungo John
The issue should not be the currency, but rather paying people for the value they great. On a seperate note, I am always suprised to hear that they are no qualified southern sudanese when I know of many qualified and experienced Southern Sudan searching for jobs on daily basiss. I guess the question is how do these companies search for qualified South Sudanese? Who is searching for them? who is involve in selecting candidates for these campanies..
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