الفصل التعسفي في قانون العمل السوداني

Abstract EN

This research analyses the current situation of arbitrary dismissal in the Sudanese Labour Law 1997, with view of assessing the effectiveness of the Law in the light of the application shown by the judicial precedent, and identifying the possibility of improving and developing this law.

The research examined the criteria that are relied upon to determine wrongfulness.

One of the first of these criteria is personal standard, which is called the personal standard because it depends on the employer's intent and intention to harm here the dismissal is arbitrary.

Second is an objective criterion based on the disproportionate nature of the employer's injury caused by the dismissal and the interest of the employer.

The third criterion is an objective criterion whereby termination is intended to be unlawful; so that the interest desired by the employer as the result of the worker's dismissal is unlawful.

The research dealt with the illicit reasons for employers to dismiss workers.

The research indicated that of them was that the worker was member of a trade union.

It also included: participating in a worker's strike, including also claiming a legal right such as demanding a minimum wage.

Finally, the research dealt with the consequences of arbitrary dismissal and clarified that it was the worker's return to work or six months' salary, the payment of the warning allowances, as well as the leave due by the worker and certificate of service.

Research was concluded with number of major findings and recommendations, one of the most important result is that there was no provision in the Sudanese Labour Law that worker should be dismissed only for legitimate reasons, and among the most important recommendations is recommendation to the Sudanese legislator to include a text in Sudanese Labour Law 1997 stating the contract may be terminated only for legitimate reasons relating to the employee's inability to perform work of his unacceptable behavior.