63
55
-
Limited Access to Decent Work
40
60
60
50
80
75
60
80
100
25
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §86, 122-123 of the Gambia Labour Act, 2023 | Score improved due to a legislative reform |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | Joint Industrial Council Agreement for artisans and general workers | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | Joint Industrial council agreement for Artisans and General Workers; Section 2 of the Public holidays Act, 1904 (last amended in 1965) | No Change |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §52 of the Gambia Labour Act, 2007; Joint Industrial Council agreement for artisans and general workers | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §4(1) of Joint Industrial council agreement for Artisans and General Workers | No Change |
| Does the law require paid public holidays? | Yes | 1 | §52 & 109 of the Gambia Labour Act, 2023; §1 of the Joint Industrial Council Agreement for Artisans and General Workers; Public Holidays Act 1904 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §109 of the Gambia Labour Act, 2023; §2 of the Joint Industrial Council Agreement for Artisans and General Workers | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §51, 85 & 87 of the Gambia Labour Act, 2023 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §85 of the Gambia Labour Act, 2023 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §84 of the Gambia Labour Act, 2023 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §91 of the Gambia Labour Act, 2023 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §104(6) of the Gambia Labour Act, 2023 | Score improved due to a legislative reform |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §63 of the Gambia Labour Act, 2023; §20(2) of the Gambia's Women's Act, 2010 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | §23 of the Gambia's Women’s Act, 2010 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §62 of the Gambia Labour Act, 2023 | Score improved due to a legislative reform |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | No applicable legal provisions could be located | §177(3)(a) of the Gambia Labour Act, 2023 |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §62 of the Gambia Labour Act, 2023; §20 of the Gambia's Women Act, 2010 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §62 of the Gambia Labour Act, 2023; §20 of the Gambia's Women Act, 2010 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | No | 0 | §62 of the Gambia Labour Act, 2023; §20 of the Gambia's Women Act, 2010 | Score adjusted because of availability of a legal source |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §62 & 129 of the Gambia Labour Act, 2023; §20 of the Gambia's Women Act, 2010 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §51 & 108 of the Gambia Labour Act, 2023 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §74 & 114 of the Gambia Labour Act, 2023 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §60 & 61 of the Gambia Labour Act, 2023; §21 & 24 of the Gambia's Women Act, 2010 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | No | 0 | §3-7 & 9 of the Injuries Compensation Act, 1990 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §111 of the Gambia Labour Act, 2023; ISSA Country Profile for Gambia | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §99 of the Gambia Labour Act, 2023; ISSA Country Profile for Gambia | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §110 of the Gambia Labour Act, 2023; Joint Industrial Council Agreement for Artisans and General Workers | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | Social Security and Housing Finance Corporation Act 2015; ISSA Country profile for Gambia | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §52 & 177(5) of the Gambia Labour Act, 2023; Gambia’s Constitution, 1996; §18 the Gambia's Women’s Act, 2010 | Score improved due to a legislative reform |
| Does the law prohibit sexual harassment in employment? | No | 0 | §12, 89, 132 & 179 of the Gambia Labour Act, 2023 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | Gambia’s Constitution, 1996; §9, 10 of the Gambia's Women’s Act, 2010; §129 & 177 of the Gambia Labour Act, 2023 | Score improved due to a legislative reform |
| Does the law allow women to do the same job as men? | Yes | 1 | §177 of the Gambia Labour Act, 2023; §16-18 of the Gambia's Women’s Act, 2010 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | ISSA Country Profile for Gambia | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §54 of the Gambia Labour Act, 2023; §2, 41, 45, and 47 of the Children’s Act, 2005 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §55 of the Gambia Labour Act, 2023; §18 of the Children’s Act, 2005 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §55 of the Gambia Labour Act, 2023; §2, 41, 45, and 47 of the Children’s Act, 2005 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §41 & 47, Children’s Act, 2005; §230 & 240-242, Criminal Code, 1933; §28, Trafficking in Persons Act, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §25, Constitution 1996; §144-146 of the Gambia Labour Act, 2023; CEACR, C87, DR 2023; USDOS CRHRP 2023 (Gambia) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §147-148 & 158 of the Gambia Labour Act, 2023; CEACR, C98, DR 2023; USDOS CRHRP 2023 (Gambia) | Score adjusted because of availability of a legal source |
| Does the law provide the right to strike? | No | 0 | CEACR, C98, DR 2023; USDOS CRHRP 2023 (Gambia) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §128 & 132 of the Gambia Labour Act, 2023 | No Change |