55
N/A
Basic Access to
Decent Work
20
60
40
25
80
75
60
40
100
50
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | No | 0 | No applicable legal provisions could be located |
| Does the law require regular payment of wages? | No | 0 | §76 & 77 of the Gambia Labour Act, 2007 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | Joint Industrial Council Agreement for artisans and general workers |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §73 of the Gambia Labour Act, 2007 & Section 2 Public holidays act, 1965 |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general 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 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | No applicable legal provisions could be located |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §4(1) of Joint Industrial council agreement for Artisans and General Workers |
| Does the law require paid public holidays? | Yes | 1 | §73 of the Gambia Labour Act, 2007; §1 of the Joint Industrial Council Agreement for Artisans and General Workers; Public Holidays Act 1965 |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §73 of the Gambia Labour Act, 2007; §2 of the Joint Industrial Council Agreement for Artisans and General Workers |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §49,52 & 53 of the Gambia Labour Act, 2007 |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §49 & 53 of the Gambia Labour Act, 2007 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §51 of the Gambia Labour Act, 2007 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §54,55 & 58 of the Gambia Labour Act, 2007 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | §67 & 79 of the Gambia Labour Act, 2007 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | Yes | 1 | §20(2) of the Gambia's Women's Act, 2010; ISSA country profile of the Gambia |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | §23 of the Gambia's Women’s Act, 2010 |
| Does the law require paid nursing breaks? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid maternity leave of at least 14 weeks? | Yes | 1 | §71 of the Gambia Labour Act, 2007; §20 of the Gambia's Women Act, 2010 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §71 of the Gambia Labour Act, 2007; §20 of the Gambia's Women Act, 2010 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §71 of the Gambia Labour Act, 2007; §20 of the Gambia's Women Act, 2010 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §71 & 83 of the Gambia Labour Act, 2007; §22 of the Gambia's Women Act, 2010 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §72 of the Gambia Labour Act, 2007 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §37 & 39 of the Gambia Labour Act, 2007 |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §21 & 24 of the Gambia's Women Act, 2010 |
| Does the law provide for employment injury benefit? | No | 0 | §3-7 & 9 of the Injuries Compensation Act, 1990 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §77 & 92 of the Gambia Labour Act, 2007; ISSA Country Profile for Gambia |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §61 & 62 of the Gambia Labour Act, 2007; ISSA Country Profile for Gambia |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §74 of the Gambia Labour Act, 2007; Joint Industrial Council Agreement for Artisans and General Workers |
| Does the law provide for invalidity benefit? | Yes | 1 | Social Security and Housing Fund Act, 2015; ISSA Country profile for Gambia |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | No | 0 | Gambia’s Constitution, 1996; §18 the Gambia's Women’s Act, 2010 |
| Does the law prohibit sexual harassment in employment? | No | 0 | No applicable legal provisions could be located |
| Does the law prohibit discrimination in employment matters? | No | 0 | Gambia’s Constitution, 1996; §83 of the Gambia Labour Act, 2007; §9, 10 of the Gambia's Women’s Act, 2010 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §16-18 of the Gambia's Women’s Act, 2010 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | ISSA Country Profile for Gambia |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §45 of the Gambia Labour Act, 2007; §2, 41, 45, and 47 of the Children’s Act, 2005 |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §18 of the Children’s Act, 2005 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | §46 of the Gambia Labour Act, 2007; §42, 44, and 45 of the Children’s Act, 2005 |
| Does the law prohibit forced labour? | Yes | 1 | §41 & 47, Children’s Act, 2005; §230, 240,241 & 242, Criminal Code, 1933; §28, TiP Act, 2007 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §25, Constitution 1996; §96, 98, 107, Gambia Labour Act 2007; CEACR, C87, DR 2021 |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §107, Gambia Labour Act 2007 (No violation located in CEACR or USDOS CRHRP) |
| Does the law provide for the right to strike? | No | 0 | CEACR, C87, DR 2021 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | USDOS CRHRP 2021 |
