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Written Agreements

The Gambia Labour Act requires employment contracts to be in writing. If a contract isn’t written, the employee can still enforce it, but the employer cannot. However, if both the employee and employer agree to an unwritten contract, the contract is enforceable by both parties.

Oral Agreements

The Gambia Labour Act requires employment contracts to be in writing. However, if a contract isn’t written, the employee can still enforce it, but the employer cannot. If both the employee and employer agree to an unwritten contract, it is valid for both parties.

Implied Agreements

Gambia's Labour Act requires employment contracts to be in writing. If a contract is not written, the employee can still enforce it, but the employer cannot. However, if both the employee and employer agree to an unwritten contract, it is valid for both parties. Also, the employee must be given 48 hours to review and discuss the contract before signing it.

“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.

1. January 1 (Mon): New Year's Day
2. February 18 (Sun): Independence Day
3. March 29 (Fri): Good Friday
4. April 1 (Mon): Easter Monday
5. April 10 (Wed): Koriteh
6. April 11 (Thu): Koriteh Holiday
7. May 1 (Wed): May Day
8. May 25 (Sat): Africa Day
9. June 16 (Sun): Tabaski
10. July 16 (Tue): Ashura
11. August 15 (Thu): Assumption Day
12. September 15 (Sun): Prophet Muhammad's Birthday
13. December 25 (Wed): Christmas Day

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.

Notice Period

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.

Severance Benefits

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.

Minimum Wage

Gambia has a government-mandated national minimum wage worth GMD 50 per day for the formal sector. Minimum wages and working hours are established by law through 6 joint industrial councils: commerce, artisans, transport, port operations, agriculture, and fisheries.

Wages in Gambia are typically paid at the end of each month.

Overtime, Holiday & Vacation Pay

Upon a business's insolvency or winding-up, an employee's claim for overtime has priority over all other creditors, except for any claim for taxes levied by the Government.

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.

Visas

Foreign nationals require a visa to enter the Gambia. A visa or visiting pass is issued for a month. Such passes can be renewed. Visitors must have a return ticket or sum in cash equivalent to the ticket cost to be eligible for a pass. For longer stays, visitors must apply for resident permits as follows:

• Residential Permit A is issued to students or retired persons. They cannot be employed in the Gambia.
• Residential Permit B is used for employment, and it is used by citizens of ECOWAS and other foreign nationals who are working in Gambia in skilled employment and companies. They must submit a valid employment contract.
• Residential Permit C is issued to unskilled workers from ECOWAS countries and small traders upon submitting a valid employment contract.

All resident permits are valid till January 31, following the date of issue of the permit, and have to be renewed annually.

Work Permits

Gambia grants 2 types of residential permits for employment. Foreign employees are not allowed to change jobs or conduct other business while in Gambia.

• Residential Permit B is used by citizens of ECOWAS and other foreign nationals who are working in Gambia in skilled employment and companies. They must submit a valid employment contract.
• Residential Permit C is issued to unskilled workers from ECOWAS countries and small traders upon submitting a valid employment contract.

All resident permits are valid till January 31, following the date of issue of the permit, and have to be renewed annually. Nationals coming from Mauritania, the Republic of Guinea, Mali, or Senegal are exempt from having to apply for the residential permit.