73.5
74
Reasonable Access to
Decent Work
40
100
100
50
60
100
60
100
100
25
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | No | 0 | §50 & 126 of the Labour Act, 2017 |
| Does the law require regular payment of wages? | Yes | 1 | §5, 49 & 51 of the Labour Act, 2017 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §57 of the Labour Act, 2017 |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §57 and 61 of Labour Act, 2017 |
| Does the law require additional compensation for night work? | No | 0 | §68 of the Labour Act, 2017 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §56 & 57 of the Labour Act, 2017 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | Yes | 1 | §57(3) of the Labour Act, 2017 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §59 of the Labour Act, 2017 |
| Does the law require paid public holidays? | Yes | 1 | §61 of the Labour Act, 2017 |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §60 of Labour Act, 2017 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §42, 43 & 44 of the Labour Act, 2017 |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §42 of the Labour Act, 2017 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | Yes | 1 | §42 of the Labour Act, 2017 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §72-79 of the Labour Act, 2017 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | Yes | 1 | §80 & 81 of the Labour Act, 2017 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | Yes | 1 | §65 of the Labour Act, 2017 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §64(7 & 8) of the Labour Act, 2017; §16(4c) of the Constitution of South Sudan, 2011 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §6 of the Labour Act, 2017 |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §64 of the Labour Act, 2017 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §64 of the Labour Act, 2017 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | No | 0 | §64 of the Labour Act, 2017 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §6 and 73(2) of the Labour Act, 2017 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §51 of the Labour Act, 2017 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §110 of the Labour Act, 2017 |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §110 of the Labour Act, 2017 |
| Does the law provide for employment injury benefit? | Yes | 1 | Work Injuries Compensation Act 1981; Social Insurance Act 1990 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §55-58 of the Social Insurance Act 1990 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §74-78 & Schedule I of the Social Insurance Act 1990 |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §63 of the Labour Act, 2017 |
| Does the law provide for invalidity benefit? | Yes | 1 | Social Insurance Act 1990 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §16.2 of the Constitution of South Sudan, 2011; §8 of the Labour Act, 2017 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §395 & 396 of the Penal Code Act 2008; §5 & 7 of the Labour Act, 2017 |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §14 of the Constitution of South Sudan, 2011; §6 of the Labour Act, 2017 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §14 of the Constitution of South Sudan, 2011; §6 of the Labour Act, 2017 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | §4(3) of the Social Insurance Act 1990 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §12 of the Labour Act, 2017; §25 of the Child Act 2008 |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §9.1(b) of the General Education Act, 2012; §14(1) of the Child Act, 2008 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | §12 and 13 of the Labour Act, 2017; §22(3), 24 (1), 25(1) and 25(2) of the Child Act, 2008 |
| Does the law prohibit forced labour? | Yes | 1 | §13, Constitution, 2011; §277-279 of the Penal Code Act 2008; §10 & 13 of the Labour Act, 2017 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §25, Constitution 2011; §6 & 28, Workers' Trade Union Act 2013; §9 & 73, Labour Act 2017 |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §6, 88, 90 & 91, Labour Act 2017; CEACR, C98, DR 2021 |
| Does the law provide for the right to strike? | No | 0 | §96-98 of the Labour Act, 2017 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §100 of the Labour Act, 2017 |
