Employment Law in Gambia

Contracts

In Gambia, employment contracts can be fixed-term or permanent, depending on the nature of the job and the agreement between the employer and employee. Permanent employment contracts typically include benefits such as contributions to the Social Security and Housing Finance Corporation (SSHFC), paid annual leave, sick leave, and maternity leave. Fixed-term employees are entitled to similar benefits as permanent employees, especially when their roles mirror those of permanent staff. Gambia also has apprenticeship contracts, mainly for training, which are governed by the Labour Act of 2007.

Termination and notice periods

In Gambia, labor laws generally require a written notice for termination, with periods varying based on the type of contract and employee category: one day for daily-paid workers, one week for weekly-paid employees, and one month for monthly-paid staff. In most cases, terminated employees are entitled to a warning and a fair hearing. Just cause for a dismissal includes theft, insubordination, lack of capability, serious misconduct, habitual  

Employees with at least two years of service are entitled to severance pay, calculated as a percentage of the employee’s monthly wage for each year of service, with rates increasing based on tenure. Employees who resign after two years of service may receive a prorated portion of the severance, depending on their total years of service. As your Employer of Record (EOR) in Gambia, we can assist you in managing employee terminations by providing legal guidance and a personalized process to ensure compliance with labor laws and minimize legal risks.

Probation periods

In Gambia, probation periods are outlined in national labor regulations, generally set at ninety days for general employees, and up to three hundred and sixty-five days for skilled workers, with similar durations applicable in public sector roles, as specified in the Employment Act.

Working hours and overtime

In Gambia, the standard working week is typically set at 40 hours, spread across five or six days, with a legal maximum of eight hours per day and 40 hours per week. Employees are entitled to a rest period of not less than 30 minutes after five consecutive hours of work and at least one full day off per week, commonly Sunday. 

Any work beyond the standard working time is considered overtime. Gambian labor law mandates that overtime must be compensated at rates specified by joint industrial councils or employment contracts. Overtime is applicable for hours worked beyond eight per day or 40 per week, and for work performed on rest days and public holidays.

Taxes

In Gambia, withholding tax is known as Pay As You Earn (PAYE) and is deducted by employers before paying salaries to employees. Employers must deduct PAYE from employee salaries based on applicable income tax brackets and submit it to the Gambia Revenue Authority.

Employer payroll contributions

Gambia’s social security system requires employer contributions that are dependent on the total number of employees, and these contributions cover pensions, medical care, disability insurance, and gratuity payments. In addition, workers’ compensation is financed by contributions from state governments, employers, and employees.