Gambia

In The Gambia, the Labour Act (2007) stipulates the conditions under which an employer can lawfully terminate an employee's contract. These include economic reasons such as restructuring, economic downturn, technological changes, or cessation of the business. Disciplinary reasons can also lead to termination, including serious misconduct like willful misconduct, insubordination, theft, repeated negligence, violence, and repeated minor misconduct after warnings and potential sanctions. An employee's inability to perform the job due to prolonged illness, disability, or lack of required skills can also be a ground for termination.

Notice Requirements

The notice period for termination in The Gambia depends on the type of employment contract. For a fixed-term contract, at least 14 days' notice is required. For an indefinite contract, the notice period varies based on the salary payment interval. If the salary is paid monthly, one month's notice is required. For fortnightly payment, one fortnight's notice is required if the employee has less than six years of service, and one month's notice is required if the employee has at least six years of service.

Severance Pay

Upon termination, employees in The Gambia are generally entitled to severance pay, except in cases of serious misconduct. The calculation of severance pay depends on the employee's length of service and salary. It may also be defined by collective bargaining agreements or individual employment contracts.

The Constitution of The Gambia (1997) and the Labour Act (2007) prohibit discrimination in employment based on race, color, sex, religion, creed, national origin, and political opinion. These laws ensure that all individuals are treated equally and fairly in the workplace, regardless of their personal characteristics or beliefs.

Protected Characteristics

• Race: The Constitution and Labour Act protect against racial discrimination.
• Color: Discrimination based on skin color is prohibited.
• Sex: Gender equality is enshrined in the Constitution, and the Labour Act safeguards against sex-based discrimination in employment practices.
• Religion: The Constitution promotes freedom of religion.
• Creed: Freedom of conscience is enshrined in the Constitution, which prohibits discrimination based on beliefs.
• National Origin: The Labour Act prohibits discrimination based on a person's nationality or origin.
• Political Opinion: The Labour Act forbids discrimination based on political views or affiliation.

Redress Mechanisms

If you believe you've experienced unlawful discrimination in The Gambia, you have several avenues for seeking redress:

• Internal Grievance Procedures: Many companies have internal mechanisms to address discrimination complaints.
• Labour Commissioner: You can file a complaint with the Labour Commissioner, who investigates discrimination complaints and may hold mediation sessions.
• National Human Rights Commission (NHRC): The NHRC is mandated to address human rights violations, including discrimination. They investigate complaints and advocate for policy reforms.
• Courts: For unresolved cases, you may pursue legal action against discrimination through The Gambia's court system.

Employer Responsibilities

Employers in The Gambia are required to:

• Develop and Implement Anti-Discrimination Policies: Employers should have clear policies prohibiting discrimination, including procedures for reporting and investigating complaints.
• Provide Training: Employers should ensure employees receive regular training on the law and workplace policies regarding anti-discrimination.
• Investigate Thoroughly: Employers should address complaints of discrimination promptly and conduct fair investigations.
• Take Disciplinary Action: Employers should hold those responsible for discriminatory behavior accountable through appropriate disciplinary action.

In The Gambia, the maximum standard workweek is 48 hours. Overtime work is permissible, but employers must compensate employees with additional pay. Specific overtime rates and limits may be defined by collective bargaining agreements or individual employment contracts. Certain sectors or types of work may have different working hour regulations, so it's important to check within specific industries for potential variances.

Rest Periods

Employees are generally entitled to a minimum of one hour of uninterrupted rest after working for five consecutive hours. The Labour Act mandates at least 24 consecutive hours of rest per week. The Gambia observes national public holidays, with employees generally receiving paid time off on those days.

Ergonomic Requirements

While there aren't extensive, specific regulations on ergonomics in The Gambia, employers have responsibilities to promote the general safety and health of the work environment. This includes minimizing risks that could lead to injuries or health issues. Employers are also responsible for taking steps to protect employee well-being with considerations for the design of the workplace, equipment, and work processes to minimize repetitive strain injuries as much as reasonably possible.

The Gambian legal framework establishes health and safety regulations to protect workers' well-being. These regulations outline the duties of employers, the rights of employees, and the enforcement mechanisms to ensure a safe work environment.

Employer Obligations

The Gambia's Labour Act (2007) and related health and safety regulations impose several key obligations on employers:

• Provide a Safe Workplace: Employers must take all necessary measures to ensure the safety, health, and welfare of employees at work. This includes preventing accidents, occupational illnesses, and fires.

• Risk Assessments: While the extent is unclear, employers are generally expected to conduct risk assessments to identify potential hazards in the workplace and implement control measures to mitigate them.

Employee Rights

Gambian employees have the following rights regarding health and safety in the workplace:

• Right to a Safe Work Environment: Employees have the right to work in an environment free from foreseeable risks to their safety and health.

• Right to Information: Employees have the right to be informed about potential hazards present in the workplace and the measures taken to control them.

• Refusal of Unsafe Work: Although not explicitly mentioned in the Labour Act, employees may have the right to refuse work that they reasonably believe poses an imminent danger to their safety or health.

Enforcement Agencies

The primary enforcement agency for health and safety regulations in The Gambia is likely the Department of Labour within the MOTIE. The Department of Labour conducts inspections of workplaces to ensure compliance with health and safety regulations.

Important Considerations

• The availability of detailed information on Gambian health and safety regulations online can be limited.
• Ministerial decrees or directives issued by MOTIE may provide more specific requirements.
• Consulting Gambian legal resources or the MOTIE website is recommended for a more comprehensive understanding.