Hiring in The Gambia: the expatriate quota, the contract and what comes off pay, step by step

Move someone who is already in The Gambia

An expatriate quota is granted to the employer, for the expatriate it employs. A new employer applies for its own quota before the person starts. An employer that fails to renew its quota clearance commits an offence, with a fine on conviction of at least GMD 500,000.

A Gambian national needs no quota. Their move turns on the notice their current contract sets, which is at least a month for monthly-paid staff.

Check the role is open to a non-Gambian

The Labour Act treats an expatriate as a non-Gambian with skills that are rarely available in The Gambia. The Board does not grant a quota for a position where the knowledge, skills or expertise exist locally.

An employer granted a quota employs a Gambian counterpart to understudy the expatriate. The expatriate passes on their knowledge and skills to that understudy. Failing to employ one is an offence, with a fine on conviction of at least GMD 500,000.

Set the contract up right

A contract of employment is for an unspecified period, a specified period or a specific task. Each employee is given a written contract, with 48 hours to read it and take advice before signing. A contract that is not in writing can be enforced by the employee but not by the employer.

An employer with five or more employees gives a written statement of particulars no later than 14 working days after the start. It covers the job, the pay and when it is paid, the normal working hours, probation, notice, the place of work, holidays, sick pay and pensions.

A fixed-term contract that fills a lasting post in the normal, permanent work of the business is treated as one for an unspecified period. Probation can run up to twelve months for a skilled employee, six months for a semi-skilled one and three months for an unskilled one. Either side can end it at any time without notice.

Wages are paid in legal tender, or by cheque or into a bank in The Gambia with the employee's consent. Staff on a monthly or yearly wage are paid at least once a month, with an itemised pay statement. Deductions in any pay period come to no more than a third of the pay due.

The Labour Act sets no general working week. The written particulars state the normal working hours. A Joint Industrial Council agreement, once published in the Gazette, sets minimum terms and conditions for the industries it covers, and those terms are implied into each contract. Outside a national or grave emergency, no employee can be dismissed for refusing to work more hours than a law, a collective agreement or an established work rule allows. A pregnant employee does no night work without her written consent. Neither she nor a mother of a child under eight months old does overtime without it.

Know the employee test before you engage a contractor

The Gambia's Labour Act treats as an employee anyone who works under a contract of employment, oral or written, express or implied. It also covers anyone who offers their services personally to another, on a continuous, part-time, temporary or casual basis. Someone who works for another for pay, while economically dependent on them and bound to duties closer to an employee's than an independent contractor's, is an employee too.

The Act applies to all forms of employment except the civil service and the armed and disciplined forces. A role that needs an expatriate quota goes through employer of record.

Know what comes off pay each month

The National Provident Fund takes 5% of the employee's basic salary, deducted from pay, and 10% from you. Contributions are paid by the 15th of the month after the wages. A late contribution has 2.5% of the unpaid amount added for each month or part of a month. The fund covers employees of any nationality aged 18 and over in a registrable business. Workers over 59 are exempt, unless a special arrangement is made.

The Industrial Injuries Compensation Fund is paid by the employer alone, on total earnings, with nothing deducted from pay.

Income tax is withheld each month on the annual bands the revenue authority's tables apply, with no deductions. Nothing is due on the first GMD 36,000 a year. Then the bands take 5% up to GMD 46,000, 10% up to GMD 56,000, 15% up to GMD 66,000, 20% up to GMD 76,000 and 25% above GMD 76,000. The tax withheld is paid by the 15th of the next month.

For each expatriate, you also pay the expatriate quota tax each year: GMD 100,000, or GMD 30,000 for a citizen of an ECOWAS state or someone with special status. The tax is laid on the employer.

Know the leave your people are entitled to

End employment on the law's terms

A contract for an unspecified period paid monthly ends on a month's written notice. After six years' continuous employment the notice is two months, and the employee gives at least a month. A fixed-term contract ends on its date, without notice unless it is expressly prolonged. The minimum notice for a fixed-term contract is 14 days. Either side can pay the remuneration for the notice instead.

A termination needs a valid reason, based on the employee's capacity or conduct or the needs of the business. Pregnancy, maternity leave, and sickness or injury absence of under two weeks are never valid reasons. Before a dismissal, the employer explains the reason to the employee, who can bring someone with them, and hears their defence. The reason is given in writing. While grounds for dismissal are investigated, the employee can be suspended without pay for up to two weeks, and is paid in full if not dismissed. Summary dismissal is for serious misconduct, habitual neglect, a lack of the skill the employee claimed, or a misrepresentation the contract rested on.

A redundancy is fair only on sound business principles, after consultation with any union and works committee on the reasons and the alternatives. Selection follows an agreement with the union, or failing one, last in, first out or another principle the Tribunal accepts as established and reasonable. Re-engagement or other suitable work within six months is offered where reasonable. The employee is owed six months' notice and a redundancy allowance of six months' regular pay. The consultation and selection rules do not bind an employer of five employees or fewer.

At the end of a fixed-duration contract, severance is a gratuity of at least 25% of the basic pay earned over it, or the social security scheme's retirement benefits. Where a fixed-duration contract is ended early, the gratuity is at least 25% of the basic pay earned up to that date. On a death in service, an insolvency or winding-up, or a transfer of the business or a sale of its shares, it is two months' basic pay for each year served. A medical discharge also carries severance pay. No severance is owed to a casual employee or one on probation.

An employee can complain of unfair dismissal within six months, to the Commissioner or to an official of their trade union. Where the Commissioner does not settle it within a month, the claim can go to the Industrial Tribunal. The Tribunal can order reinstatement or re-engagement, with any compensation it considers just and equitable, or compensation alone.

Pay owed is paid by the day the notice runs out, or by the next working day where no notice is needed. A certificate of termination is given on request. The retirement age is 60, unless the contract sets a later one.

See what changed this year