Minimum Wage
Sudan follows a statutory minimum wage system where the state determines and revises the minimum wages.
The Minimum Standard of Wage Act 1974 requires payment of minimum wages to all adult workers who work in any establishment within the regions specified in various timeframes by the Minister. The Act does not apply to government officials, seasonal agricultural workers, employer's family members working in the same enterprise, domestic servants and persons specified in the Industrial Apprenticeship and Vocational Training Act 1974 or Wages and Conditions of Employment Tribunal Act 1976.
The Supreme Council for Wages was established in 2004 with the following objectives:
i. Contribute to the development of comprehensive, stable and equitable wage policies in the public and private sectors, taking into account economic, social and financial factors in the country;
ii. Give effect to the principle of equal pay for equal work and uphold the principle that pay is an incentive for productivity, with a view to stable employment;
iii. Develop guidelines, bases and standards for the elimination of wage discrepancies;
iv. Establish a centre for information and data for use in studies and research relating to wages;
v. Propose and track the economic and social variables affecting a minimum wage.
The minimum wage can be determined in Sudan at a national level under the Minimum Wage Act of 1974 for the enterprise employing more than ten workers and through collective bargaining. The Labour Act 1997 also clearly says that the wage during the training period cannot be less than the minimum standard wage according to the Minimum Standard of Wages Act 1974.
The 1974 legislation also provides for a minimum annual increment of 5% on salary, depending on the satisfactory performance of the worker. The disputes related to the minimum wage should be referred to the commissioner or any other person on his behalf to make a decision.
Source: §1, 3-7 of the Minimum Standard of Wages Act 1974; §35 of the Labour Act 1997; §4-6 of the Sudanese Higher Council for Wages Act 2004
Regular Pay
The Labour Act of Sudan defines wages as 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 overtime 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 contribution money paid by the employer for the worker to any social insurance scheme such as provident fund, or pension, or life insurance, or special expenses paid by the employer to the worker".
Under the law, the worker must be paid in cash after deducting the value of in-kind wages such as food, fuel, lodging, transportation, or clothing. The wages must be paid daily, weekly, fortnightly, or monthly as agreed. The worker engaged under the contract for an indefinite period must be paid a specific wage for the minimum pre-determined daily work. Accordingly, there must be entitlements for the worker other than gratuities. Further, a worker's wage must be calculated at a rate equivalent to that received by any other labourer carrying out similar work. In cases where the employer transfers the worker from monthly to daily pay, to weekly or fortnightly pay, or the wage based on production, the worker is entitled to all the rights during the period. The daily wage workers must be paid daily unless otherwise agreed between the parties. The law requires the wages to be due at the end of the week, the fortnight, or the month and must be paid at the workplace during working hours. A worker's wages must be paid within three days of entitlement. In the case of contract termination, all wages and benefits must be paid within a week from the date of termination. The wages must be paid to the worker personally or to any other person authorised without any deductions unless the deductions are agreed upon between the parties or are provided under the law. The employer is entitled to provide the worker with a statement of deduction at the request of the worker.
Source: §35 of Sudan Labour Act1997
