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Gambia - Working time - 2011


LAST UPDATE

21 November 2011.

SOURCES


Name of Act

Labour Act, from 17 October 2007.
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LEGAL DEFINITIONS


Employee/worker

"employee" means -
a) a person who offers his or her services under an oral or written contract of employment, wheter express or implied;
b) a person, including a tenant share cropper, who performs work or services for another person for remuneration or reward on such terms and conditions that he or she is in relation to that person-
i) in a position of economic dependence; and
ii) under an obligation to perform duties for that person more closely resembling the relationship of employee than that of an independent contractor; or
c) where the context requires, a former employee.

"worker" means a person who offers his or her services personally to another wheter under a contract of employment or otherwise.
Labour Act §2

Employer

"employer" means -
a) a person, corporation, public authority, governing body of an unicorporated association, partnership, or any other institution or organisation whatsoever that employs an employee, and includes a heir, successor and an assignee of the employer; or
b) where the context requires, a former employer.
Labour Act §2

Young worker

"Child" means any person under the age of 18 years.
Labour Act §2

NORMAL HOURS LIMITS

No relevant provisions identified.

OVERTIME WORK

No relevant provisions identified.

SCHEDULES

No relevant provisions identified.

REST PERIODS

No relevant provisions identified.

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

An employee is entitled to accumulate days of annual leave provided for by Jount Industrial Council agreement, collective agreement, or otherwise by his or her contract of employment.
Wherever a period of annual leave entitlement is specified by reference to a period of more than one month, appropriate proportion of the entitlement is deemed to accrue for each month of employment.
Labour Act §73(1)(2)

Payment


» Amount

An amount of annual leave entitlement accumulated but not used at the time an employment is terminated shall be paid to the employee, calculated according to subsection (6).
An employee is entitled to his or her regular remuneration for each day of public holiday, and his or her period of annual leave shall be extended by one working day with full pay for each day of public holiday that falls within the period of leave and would have been an ordinary working day for the employee.
Payment for each day of annual leave and for each day of public holiday is due to an employee at a rate not less than that which the employee would normally be entitled to receive under his or her contract of employment for his or her usual work on that day, excluding bonus but including overtime payment.
Labour Act §73(4)(5)(6)

Schedule and splitting

An employer shall, in consultation with the employee, determine and grant the date for the taking of annual leave.
Labour Act §73(3)

PUBLIC HOLIDAYS


Payment

Payment for each day of annual leave and for each day of public holiday is due to an employee at a rate not less than that which the employee would normally be entitled to receive under his or her contract of employment for his or her usual work on that day, excluding bonus but including overtime payment.
Labour Act §73(6)

PART-TIME WORK

No relevant provisions identified.

NIGHT WORK

No relevant provisions identified.

SHIFT WORK

No relevant provisions identified.

ON-CALL WORK

No relevant provisions identified.

FLEXITIME

No relevant provisions identified.

CASUAL WORK

No relevant provisions identified.

SHORT-TIME WORK/WORK-SHARING

No relevant provisions identified.

RIGHT TO CHANGE WORKING HOURS

No relevant provisions identified.

INFORMATION & CONSULTATION

No relevant provisions identified.

Results generated on: 28th March 2024 at 21:27:49.
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