Legal Question in Employment Law in Sudan

Re: want to terminate our Finance manager

1. Once there is a warning of termination the employer has the right to terminate the employee if the employee committed a violation of laws or orders during one year starting from the date of the warning, provided that the employee has received all or the maximum of penalties prescribed by the employee, and provided that the work contract is not for a limmited period.

2. The employer needs to make a one month notification to the employee about this termination.

3. The employer can fire the employee without notification in some specified occasions among which is the employee's making a mistake as a result of his grave negligence and causing by such mistake a serious damage to the employee. and the deliberate failure of the employee to curry out his obligations prescribed in the work contract.

4. The terminated employee has the right to go to the Labor Office to claim his rights or to appeal the termination decision whithin two weeks from the date of notifying him about the termination.

6. If the Labor Office proved the termination the employer shall pay to the employee all his due rights.otherwise the Labor Office shall make a decision to reject the termination and return the emplyees to his work and the emplyer shall pay the employee all his due amounts for the suspension period. If the emplyer is not willing to obay the decision of the Labor Office and insisting on firing the emplyee then he can do that but he shall pay the employee all his due rights including his wages for the suspension period and a compensation of 6 month wages.

7. If the employee is not satisfied by the Labor Office decision he can go the Labor Court.