Labor law in Gambia

The Labour Act 2023 came into force on 12 June 2023 and replaced the Labour Act 2007. It covers employees in continuous, part-time, temporary and casual work, whether the employment contract is oral or written. A casual employee works on a day-to-day basis for no more than 14 consecutive weeks. The main public bodies are the Ministry of Trade, Industry, Regional Integration and Employment, the Commissioner of Labour and the Department of Labour. The Industrial Tribunal hears employment claims and labour disputes. No separate administrative or municipal labour-law system has been evidenced for The Gambia. An employer must provide a written contract. The contract may be for an unspecified period, a specified period or a specific task. Written employment particulars must be given before or at the start of work and no later than 14 working days after employment begins. They should state the parties, start date, job, wages or rate, payment intervals, normal working hours, probation, notice, holidays, sickness and pension arrangements. The employee must receive at least 48 hours to read and seek advice before signing. A missing written contract can still be enforced by the employee, unless the employee deliberately prevented its preparation; the employer generally cannot rely on the missing document in the same way. Probation can last up to 12 months for skilled work, six months for semi-skilled work and three months for unskilled work. During probation, either side can end the employment without notice. A contract clause that prohibits or penalizes trade-union membership has no effect. Normal working hours should appear in the contract. The Act protects rest, leisure, reasonable limits on working time and paid holidays and public holidays, but the available text does not establish one general numerical daily or weekly maximum or a general overtime rate. A Joint Industrial Council, collective agreement, contract or later regulation may provide more specific terms. A pregnant employee needs written consent for night work between 22:00 and 07:00 or overtime. A mother of a child under eight months also needs consent for overtime. A nursing employee receives either two 30-minute breaks or one 60-minute break during each working day. Wages must be paid in legal tender at the interval stated by law and contract. Hourly, daily, weekly, piece-rate and task-based wages must be paid at least every two weeks. Monthly and yearly wages must be paid at least monthly. Before or when paying wages, the employer must provide an itemised statement showing gross pay, each deduction and its purpose, net pay, and the payment and pay-period dates. Permitted deductions can include reasonable food, drink, lodging, clothing or rent charges; advances or overpayments; tax and statutory social-security or insurance payments; pension or friendly-society contributions with consent; trade-union dues with written consent; and direct loss caused by the employee's neglect or fault. Total deductions cannot exceed one third of the wage for that pay period, and a civil wage attachment is prohibited. All outstanding remuneration and accrued benefits are due when employment ends or a task is completed. The Act does not state a general national minimum wage in the available text, although a Joint Industrial Council may set minimum terms for a branch. Annual leave, paid sick leave and related conditions depend mainly on the applicable Joint Industrial Council, collective agreement or contract. Annual leave accrues monthly on a proportional basis, and unused leave must be paid out when employment ends. A public holiday during annual leave extends the leave by one paid working day for each holiday. Paid sick leave requires a medical certificate and is limited to the entitlement available in the relevant 12-month period. Paid maternity leave lasts six months with a medical certificate, and an employer may not dismiss an employee during maternity leave. A pregnant employee cannot be assigned away from the workplace after the fourth month or to work that harms health. Paid paternity leave lasts 10 working days and must be claimed within six months of the child's birth. The standard retirement age is 60, unless the contract sets a later valid age. The Act prohibits employing anyone under 18 in a public or private agricultural, industrial or non-industrial undertaking, except in approved and supervised vocational or technical training. A violation can lead to a fine of at least D100,000 or imprisonment for up to five years. Employers must provide clean, adequately ventilated and lit workplaces with reasonable temperature, drainage, sanitation, fire and escape arrangements, safe machinery and structures, drinking water, washing facilities, suitable clothing, seating and first aid. Workplace accidents and occupational diseases must be reported. Breaches of the occupational-safety provisions can lead to a fine of at least D200,000 or imprisonment of at least two years. Employees with disabilities must receive employment support, and their contracts should address the job, hours, remuneration, transport and special privileges. Disability does not automatically end employment; training or retraining costs fall on the employer where required by the Act. Discrimination based on race, colour, creed, gender, language, religion, opinion, nationality, ethnic or social origin, disability, pregnancy or mental status is prohibited. Equal remuneration applies to work of equal value. The Act also addresses HIV/AIDS, non-communicable diseases and sexual harassment. An employer with at least 20 employees must have a sexual-harassment policy. Employment may end for a valid reason connected with capacity, conduct or operational requirements. A specified-term contract ends on its agreed date, and a specific-task contract ends when the task is completed. For an indefinite contract, statutory written notice varies with the payment period and length of service: monthly-paid employees generally receive one month; biweekly employees receive two weeks below six years and one month after six years; weekly employees receive one to four weeks depending on service; and daily or hourly employees receive one day to two months depending on service. An employee with more than six years of service receives at least one month. A specified-period contract requires 14 days' notice where applicable. A longer contractual notice period is valid, but a shorter period than the statutory minimum is not. Payment in lieu must include remuneration and benefits through the notice end date. Final payment is due no later than the next working day, and an employee can request a termination certificate. Redundancy can result from economic, organisational, climatic or technical reasons, automation or relocation more than 40 kilometres away. The employer must consult the trade union or Works Committee, give written reasons, consider alternatives, redeployment and retraining, and apply an agreed selection method, last-in-first-out principle or another reasonable basis. Redundancy notice is six months and the redundancy allowance is six months of regular remuneration. Re-engagement or alternative work should be pursued for up to six months. Severance for a fixed-duration contract is at least 25% of basic pay or the applicable social-security retirement benefit. Other listed cases, including termination, death, insolvency and transfer, generally attract two months of basic pay for each year served; casual and probationary employees are excluded from these severance rules. In insolvency, unpaid wages, overtime and commission for six months, holiday pay for two years and paid absence for six months receive priority. An employer may use a reasonable warning, suspension or demotion. Monetary fines are generally prohibited, although a deduction for deliberate property damage may be allowed. Before dismissal for misconduct, the employer must explain the reason, hear the employee's defence and allow a support person. A suspension during an investigation can last up to two weeks without pay and, after that, up to three days pending a decision. Summary dismissal can follow serious misconduct, habitual or substantial neglect, lack of claimed skill or misrepresentation. Conduct by the employer that makes continued work unreasonable can amount to constructive dismissal. Dismissal connected with union activity, a complaint or proceeding, pregnancy or maternity, discrimination, or a lawful refusal of excessive hours can be unfair. A worker or union member can complain to the Commissioner of Labour within six months; a union must forward the complaint within seven days. The Commissioner aims to settle it within one month, after which the matter can proceed to the Industrial Tribunal. Remedies can include reinstatement, re-engagement or fair compensation. Employees and employers may establish or join organisations. Employer domination of a worker organisation is prohibited and can attract a fine of at least D50,000. Joint Industrial Councils operate in sectors such as commerce, artisan work, transport, ports, agriculture and fisheries. They can set minimum terms for occupational categories, apprentices and trade-certified workers, with reviews every three years and publication in the Gazette. A Works Committee can be established at an establishment with at least 50 employees for more than three months after a union request, with secret-ballot elections at least every three years. A union generally obtains sole bargaining rights with support from at least 30% of the category; in an establishment with up to 100 employees, a request requires at least 45%, followed by the statutory ballot thresholds. Wage check-off requires written consent, and the employer may retain no more than 5% for collection costs. The Commissioner can advise, mediate or conciliate when jointly invited. The Industrial Tribunal has jurisdiction in all regions and can hear claims arising from employment or agency contracts and other labour disputes, subject to the High Court's powers. Parties may appear personally, through a legal practitioner, a trade union or employers' association, or through another permitted representative. Hearings are public unless a sexual-harassment matter is heard privately. The available Act and research do not establish tribunal fees or an ordinary duration. Peaceful picketing at or near a workplace is allowed, while industrial action is improper when statutory procedures are not followed or when its purpose is political. Written notice to the Commissioner generally requires 14 days, or 28 days for essential life, safety or health services. The High Court can prohibit industrial action. During a presidential emergency, an inquiry report may be required within one week, or workers may be ordered back and the dispute sent to a Board of Arbitration. The Department of Labour and public employment services match jobseekers and employers from 110 Kairaba Avenue, Fajara. A private employment agency must be a corporate body and hold a ministerial licence, normally valid for one year and renewable. Overseas recruitment requires a licence and a bilateral agreement. Agencies must submit returns every quarter; applicable fees are set by the Minister, but the amount is not established in the available research. An expatriate worker also needs the relevant immigration permission and quota approval. The Expatriate Quota Allocation Board reviews applications, and a successful applicant pays payroll tax to the Gambia Revenue Authority and receives a quota certificate. A quota holder must employ a Gambian counterpart or understudy and transfer knowledge and skills. The Commissioner of Labour administers the Act, provides advice, handles representations, investigates complaints and oversees workplace inspections. Labour officers may enter workplaces without notice during the day or night, inspect records and registers, take samples, request information and issue compliance directions. A workplace must be registered within six months after the Act came into force, and changes must be reported within one month. The formal system is established, but its practical reach is fragmented. Informal work is widespread, so written contracts, paid leave, sick leave and pension access may be harder to obtain or prove than in a documented employment relationship. Wage claims, dismissal disputes, occupational safety, maternity and paternity protections, union access and expatriate quotas are the areas where a worker's documents and the correct official pathway have the greatest practical effect.