A small country, The Gambia borders the Atlantic Ocean and Senegal on the western coast of Africa. The river Gambia, the country’s namesake, flows through the center of The Gambia and empties into the Atlantic Ocean. It is a fairly narrow country and is less than 50 kilometres (31 miles) wide at its widest point. Economically, The Gambia relies on traditional subsistence agriculture and peanut export for most of its earnings, although tourism and money sent home by the diaspora form the basis of their foreign exchange reserves. There are many ethnic groups with strong cultures and languages living in the region, including the Mandinka, the Fula, and Wolof, among others. The majority of its population practices Islam.
Under the Labour Act of The Gambia, permanent (unspecified-period) employment is defined by the nature and reality of the work. An employment relationship is deemed to be for an unspecified period where an employee is regularly and repeatedly employed for work that can be completed in less than 24 hours, or where a contract described as fixed-term or task-based is used, in reality, permanent and part of the employer’s normal activities.
All employees must be provided with a written contract of employment. Where no end date is specified, or where the circumstances meet the legal tests for permanence, the contract is treated as one for an unspecified period.
The Gambia Labour Act requires employment contracts to be in writing. The law places the obligation on the employer to provide employees with a written contract of employment. They must also provide a statement of particulars before or on the commencement of the contract, no later than 14 business days. If a contract isn’t written, the employee can still enforce it, but the employer cannot. If the contract is not presented in writing due to the employee's willful act, the contract is enforceable by both parties.
The Labour Act of The Gambia recognizes employment that is not intended to be permanent, including employment for a specified period of time or for the performance of a specific task, where the contract states the period for which the employment is expected to continue or the date when the employment is to end.
An employer must provide an employee with a written contract of employment regardless of its duration, and a written statement of employment particulars must be given no later than 14 working days after commencement.
There is no further guidance on temporary employment contracts.
For skilled employees, the probationary period can be agreed upon but cannot exceed 12 months. For semi-skilled employees, it is limited to 6 months. For unskilled employees, it cannot exceed 3 months.
During probation, either party can terminate the contract at any time without notice.
“Normal working hours” are defined in the employment contract.
A female employee may be granted a period off during working hours for prenatal care subject to a certificate provided by a registered medical practitioner.
Pregnant employees cannot be required to work between 10 p.m. and 7 a.m. or engage in overtime work without written consent. Mothers of children under 8 months old are also exempt from overtime work.
Employees in the Gambia have the right to accrue annual leave days provided for by a Joint Industrial Council agreement, collective agreement, or individual employment contract. If annual leave is specified for a period longer than 1 month, it accrues proportionally each month of employment.
In Gambia, employees are entitled to paid sick leave as provided by a Joint Industrial Council Agreement, collective agreement, or individual employment contracts, up to the amount earned in 12 months of employment, with a medical certificate. Sick leave covers any normal work the employee cannot perform due to bodily or mental illness, injury, or disease. Sick leave pay must be at least the same as the employee’s regular pay, including overtime and bonuses.
In the Gambia, a female employee is entitled to 6 months of maternity leave under the Women’s Act upon producing a medical certificate issued by a medical officer. She may also be granted time off during working hours for prenatal care upon production of a certificate from a medical practitioner.
A female employee who is nursing her unweaned child is entitled to at least 2 nursing breaks of 30 minutes each or 1 nursing break of 1 hour during her working hours at a time convenient to her, within 18 months of the birth.
An employer cannot dismiss an employee during her absence on maternity leave.
A male employee is entitled to 10 working days of paid paternity leave within 6 months of the birth of his child, as provided under the Women’s Act.
Either party can terminate indefinite-term employment contracts by giving notice. The duration of notice depends on the frequency of wage payments and how long the employee has been continuously employed, ranging from 1 day to 2 months. Employment contracts can determine longer notice periods than those provided by the law. However, contracts made with shorter notice periods than those provided by the law are null and void. Contracts can be terminated by making a payment in lieu of the notice.
The minimum notice period for redundancy due to economic, organizational, climatic, or technical reasons is 6 months. The minimum notice period for terminating a fixed-term contract before its expiry is 14 days.
The minimum notice period for terminating a fixed-term contract before its expiry is 14 days. Fixed-term contracts terminate upon the date specified, and no notice is required unless a fixed-term contract is expressly prolonged. Specific task contracts terminate upon completion of the task.
An employer must pay severance to an employee whose contract is terminated or expires as follows:
Medical Discharge: When the employee is medically discharged.
Fixed-Term Contracts:
If the contract expires: Severance is either 25% of total basic pay during the contract or retirement benefits from a relevant social security scheme, if applicable.
If the contract is terminated early: Severance is at least 25% of total basic pay earned up to termination.
Termination for Other Reasons: A lump sum of 2 months' basic pay for each year worked.
Death of Employee: 2 months' basic pay for each year worked.
Business Insolvency or Closure: 2 months' basic pay for each year worked.
Business Transfer or Sale: 2 months' basic pay for each year worked.
