In South Sudan, the Labour Act, 2017 outlines the legal requirements for notice periods during employment termination. The required notice period depends on the employee's length of continuous service with the employer.

Notice Period Based on Service Length

For employees with one year or more of continuous service, both employers and employees must provide one month's written notice before termination. For those with between six months and one year of continuous service, the notice period is two weeks. This applies to both employer and employee. Employees with less than six months of continuous service require only one week's notice from either party.

Exceptions to Notice Periods

There are some exceptions where notice periods may not apply. An employer can dismiss an employee immediately (without notice) for proven cases of gross misconduct, as defined in the Act. Employer and employee can mutually agree to waive or shorten the notice period. Employers can also opt to pay the employee their salary equivalent to the required notice period instead of providing written notice.

Importance of Written Notice

Providing written notice is crucial as it allows for a smoother transition and protects both parties. The written notice should clearly state the termination date and, in the case of employer-initiated termination, the reason for dismissal.

In South Sudan, severance pay, also known as "terminal benefits," is a legal entitlement for employees under certain circumstances as outlined in the Labour Act, 2017.

Eligibility

Employees in South Sudan can receive severance pay in the following situations:

• Redundancy: If the employee's position is eliminated due to reasons such as restructuring, company closure, or economic downturn.
• Unfair Dismissal: If the employee is terminated without just cause or proper procedure.
• Death of the Employee: Severance pay is provided to the employee's family or dependents.
• Physical Incapacity: If the employee is unable to continue working due to a physical disability.
• Death or Insolvency of the Employer: If the employer dies or the business becomes insolvent.

Calculation

The calculation of severance pay in South Sudan depends on the employee's length of continuous service:

• Continuous Service of One Year or More: Employees are entitled to two weeks' wages/salaries for each completed year of service.

Exceptions

Severance pay may not be applicable in the following cases:

• Employee Gross Misconduct: Proven cases of gross misconduct as defined in the Act can lead to forfeiture of severance pay rights.
• Fixed-Term Contracts: Employees on fixed-term contracts may not be entitled to severance pay unless their contract specifies otherwise.

Payment Deadline

Employers are required to pay severance (terminal benefits) and any other outstanding wages within 30 days of the termination date.

The termination of employees in South Sudan is governed by the Labour Act, 2017. It outlines specific requirements and procedures to ensure lawful and fair terminations.

Types of Termination:

• Dismissal with Notice: The employer terminates the employment contract after providing the required notice period, as outlined in the Labour Act.
• Summary Dismissal: Immediate termination by the employer in cases of employee gross misconduct, as defined in the Act.
• Redundancy: Termination due to the elimination of the employee's position as a result of factors like restructuring or economic conditions.

General Termination Requirements

• Notice: Employers must provide appropriate written notice based on the employee's length of service, as outlined in the Labour Act, 2017. In specific cases, payment in lieu of notice may be provided.
• Just Cause (Dismissal with Notice): Employers must have a valid reason for termination, such as poor performance, misconduct, or redundancy.

Summary Dismissal (Gross Misconduct)

• Limited to Serious Offenses: The Labour Act defines specific cases of gross misconduct, such as theft, insubordination, or serious breaches of company policy.
• Due Process: Employers must still follow a fair process, including providing the employee with an opportunity to respond to allegations before termination.

Redundancy

• Consultation: Employers are encouraged to consult with employees or their representatives when considering redundancies.
• Fair Selection Criteria: Objective criteria should be used when selecting employees for redundancy.

Mediation and Dispute Resolution

If an employee disputes their termination, they can file a complaint with the Labour Inspectorate or seek mediation through the Labour Office. Unresolved disputes may be escalated to the Labour Court.