Definitive Guide to Hiring in South Sudan

Hiring in South Sudan

Hiring employees compliantly in South Sudan means doing it yourself or using an Employer of Record like Global Expansion. You should be careful using independent contractor agreements in South Sudan so that you don’t run afoul of employment laws. To hire an employee compliantly and offer them mandatory benefits and compliant agreements, you can:

(a) Establish your own new legal entity, banking, accounting and payroll service in South Sudan; or

(b) use an Employer of Record like Global Expansion who can handle all of the details for you.

Labor Laws in South Sudan

Employee Probation Period

• The probationary period cannot exceed 3 months.

Annual Leave in South Sudan

• Employees are entitled to paid annual leave for every year of service.
• The paid annual leave is:
  • 21 days for one to three years of continuous service;
  • 25 days for three to fifteen years of continuous service; and
  • 30 days for 15 or more years of service with the employer.

Holidays in South Sudan

Maternity Leave South Sudan

• Female employees are entitled to at 90 days of fully paid maternity leave as well as 45 days for breastfeeding while working half days.
• The employee has to take at least 90 days of the maternity leave immediately following childbirth.

Paternity Leave South Sudan

• An employee is entitled to two weeks of paternity leave on full pay, to be taken within three days after the birth of his child or immediately following miscarriage by his wife.

Sick Leave in South Sudan

• An employee is entitled to 12 days of sick leave on full pay per year of continuous service.

Working Hours in South Sudan

• The normal working hours are 8 hours a day and 48 hours a week.

Overtime in South Sudan

• The employer is required to pay overtime at the rate of one and a half times the normal rate of pay (150% of normal wage rate) when overtime work is performed on working days.
• If employees are required to work overtime on a weekly holiday, they are paid two times the rate of normal pay (200% of the normal wage rate).

Termination of Employment in South Sudan

There can be multiple reasons for termination of contract by an employer:

• incapacity of an employee to perform work;
• repeated failure of an employee to perform work;
• gross misconduct by an employee; and
• changes in operational requirements.

• The employer is to provide an employee with a written notice stating the reason for termination of employment.
• There is also termination due to death.
• The employment contract, in such a circumstance, is to come to an end one month after the death of an employee.
• Where the employee leaves employment because of the conduct of the employer, it is considered summary termination, whereby the employer is taken to have terminated the employment contract.
• An employer is entitled to dismiss summarily an employee where the employee had fundamentally broken his obligation under the employment contract.

Notice Period in South Sudan

• The notice period is as follows: -
  • one month by either party for an employee in continuous service of the employer for one year or more;
  • two weeks for an employee after continuous service of an employer for six months to one year;
  • one week for an employee for a continuous service of less than 6 months.

Severance in South Sudan

• A worker is entitled to severance pay after being in continuous service of the employer for at least six months.
• Severance Pay is due where
  • the employee has been unfairly dismissed by the employer;
  • the employee dies in the service of his employer;
  • the employee terminates the employment contract due to a physical incapacity;
  • the employment contract is terminated due to the death and insolvency of the employer; and
  • in any circumstance where regulations require so.
• The gratuity pay is one and a half month's salary for each year of service where the worker has completed more than 10 years.
• The gratuity pay further rises to one and three quarters of a month's salary for each additional year of service where the length of service exceeds 15 years.

South Sudan Salary and Wages

13th / 14th Month Salary in South Sudan

• No
• There is no statutory requirement to pay the 13th or the 14th month salary.
• Employees can carry over unused annal leave and after two years, they may accept payment in lieu of.
• There is no evidence that it is customary to give bonuses.

• The employer is required to make pay-related social security contributions equal to 6% of the monthly basic salary (capped)

Immigration South Sudan

Learn about immigration requirements in South Sudan, work visa requirements, work permits and more.

• All visitors must have visas to enter South Sudan.
• Citizens of Kenya, Uganda and a few other countries can obtain temporary visas at any entry point.
• Work permit is offered to foreign individuals who have a valid 12-month visa
• Individuals who apply for a 12-month visa should apply and obtain a work permit
• To obtain a work permit, applicants must submit the following documents: -
• Copy of Passport
• Copy of Visa (12 month)
• 2 x color Passport Photos
• Abbreviated CV
• Academic Qualification Certificate
• Application Letter from employer on company letterhead
• Employment contract
• CID Police Clearance (Fingerprints)

Value Added Tax (VAT) in South Sudan

• South Sudan levies a sales tax rather than a VAT
• The sales tax applies to manufacturers, importers and service providers in South Sudan.
• The standard rate is 20%

Mandatory Benefits in South Sudan

• These are mandatory benefits as postulated by law
• These include probationary period, annual leave, public holidays, sick leave, maternity leave, overtime pay, notice period, paternity leave and severance pay
• Statutory benefits also include social security benefits

Payments And Invoicing

• The tax year is the calendar year.
• Each taxpayer must file a return.
• Joint returns Spouses are not permitted to submit joint returns.
• The individual income tax return must be submitted before 1 April of the year following the tax period.
• A resident individual engaged in any entrepreneurial activity, or receiving estate lease income, must make advance payments of income tax on a quarterly basis.
• A penalty of 5% per month will be levied on tax that is unpaid by the due date.
• Interest on the unpaid tax will accrue at a rate of 120% of the commercial rate from the due date to the date of payment.
• In cases of failure to file the return, an additional charge between 5% and 25% of the reported tax liability will be levied.
• A penalty of 5% per month will be imposed on any tax arrears.

Payroll Accrual in South Sudan

Country Accruals Additional Information

Description

Payroll Accruals Additional Information

Accrued Benefits in South Sudan

Why use Global Expansion to hire in South Sudan

Establishing a branch office or subsidiary in South Sudan can be time-consuming, expensive and complex. With such a robust labor market in place, one must pay great attention to detail when structuring employment because South Sudan labor laws are complex.

The company also has a responsibility to comply with specific employment practices dictated by South Sudan law to maintain its good standing as an equal opportunity employer.

Global Expansion makes it easy for you to expand into South Sudan. We'll help you hire your candidate of choice, handle HR matters and payroll, and ensure that you comply with local laws without the burden of setting up a foreign branch office or subsidiary. In addition, you'll have complete control and direction over your employees.

We enable you to stay in control of everything. Our South Sudan Global Professional Employer Organization (PEO) and Employer of Record (EOR) solution provides you with peace of mind to focus on running your company and the security to enter new markets.