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Gambia - Maternity protection - 2011


LAST UPDATE

23 November 2011

Data quantity

LOW

SOURCES


Name of Act

Labour Act, 2007. Supplement "C" to the Gambia Gazette, 2007-10-19, No. 20, 130 pp.,

Name of Act

Constitution

Name of Act

Act N.12 of 1994 to provide for the control and management of the manufacture, distribution and use of hazardous chemicals and pesticides and to make provision for matters connected therewith.

Name of Act

Factories Regulations No.18 of 1963

Name of Act

PUBLIC HEALTH ACT 1989

Other source used

Republic of The Gambia State House Online.

Government of the Republic of Gambia.

Other source used

Other source used

Social Security and Housing Finance Corporation

Other source used

Health Policy 2011-2015

Other source used

CHILDREN’S ACT 2005
Summary

Other source used

THE GAMBIA NATIONAL GENDER
POLICY 2010- 2020

MATERNITY LEAVE


Scope

The Labour Act applies to all employment by any employer.
The Act does not apply to:
The Civil Service;
The Armed Forces, except those employed in a civil capacity;
The National Guard, Police Force; Security Service or the Prisons Service, except those employed in a civil capacity;
Domestic service;
Employment of a member of the employer’s household living in the employer’s house.
Labour Act §3(1),3(2).

Qualifying conditions

Employee with:
a) two years continuous service with the same employer, or
b) whose period of service with the same employer has been interrupted by one or more periods, none of which exceeds seven months and who has in aggregate not less than eighteen months service with the same employer
Labour Act §71. (1)a.b.

Duration


Compulsory leave

six weeks immediately preceding the expected date of confinement.
Labour Act §71(2)

General total duration

at least 12 weeks (6 weeks prenatal and 6 weeks postnatal leave)
Labour Act §71(2)
Historical data (year indicates year of data collection)
  • 2009: at least 12 weeks (6 weeks prenatal and 6 weeks postnatal leave)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

Not provided neither for multiple births nor for illness arisen out from confinement.

An employee is entitled to accumulate days of paid sick leave provided for by Joint Industrial Council Agreement, collective agreement, or otherwise by his or her contract of employment up to a maximum entitlement attainable by any twelve months of employment.
Labour Act §71(2),74

Leave in case of illness or complications

Not provided.

General rules for sickness apply. Therefore, an employee is entitled to accumulate days of paid sick leave provided for by Joint Industrial Council Agreement, collective agreement, or otherwise by his or her contract of employment up to a maximum of the entitlement attainable by any twelve months of employment.
Labour Act §71,74

RELATED TYPES OF LEAVE


Parental leave

Not provided.
Labour Act

Paternity leave

Not provided.
Labour Act

Adoption leave

Not provided.
Labour Act

RIGHT TO PART-TIME WORK

Pregnant workers or nursing mothers are not entitled with the right to apply during pregnancy or after confinement for part-time working hours.

REGARDING NON DISCRIMINATION AND EMPLOYMENT SECURITY.

ANTI-DISCRIMINATION MEASURES:

There was not identified any legal provision in the Labour Act

In the Constitution regarding rights of women.
(1) Women shall be accorded full and equal dignity of the person with men.
(2) Women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities.

It is also stipulated in the Constitution, the right to be protected from discrimination by establishing, all persons shall be equal before the law and no law shall make any provision which is discriminatory either or itself or in its effect.
PROHIBITION OF PREGNANCY TEST

Is not prohibited.

PROTECTION FROM DISCRIMINATORY DISMISSAL

An employer shall not terminate an employee’s appointment or take disciplinary action against an employee unless there is a valid reason for the termination or action connected with the capacity or conduct of the employee or based on the operational requirements of the enterprise.
The following reasons do not constitute valid reasons for dismissal or taking of disciplinary action-
a) an employee’s pregnancy or having taken maternity leave, race, color, sex, religion, political opinion, national extraction,ethnic or social origin.

BURDEN OF PROOF

A dismissal is unfair among other reasons if it is based on pregnancy or because a female employee has taken her maternity leave, or it is a constructive dismissal.

Before deciding to dismiss an employee, the employer shall explain to the employee the reason for which the employer is considering dismissing that employee, and hear and consider any representations made in defense of the employee.

Proof that an employer failed to satisfy the previous obligations raises a refutable presumption that the employer did not act with justice and equity in dismissing the employee.

There is a conclusive presumption that the dismissal of an employee is unfair if, in a claim or complaint arising out of the dismissal, the employer fails to provide the reason for dismissal.

Failure by the employer to deliver to the employee at the time of dismissal a written statement of the reason for the dismissal raises a refutable presumption that the reason for dismissal wrong or that the employer did not act with justice and equity in dismissing the employee,whichever may be applicable in the context of the case.


GUARANTEED RIGHT TO RETURN TO WORK

An employee returning from maternity leave shall be placed in the same job with the same benefits and entitlements as immediately before her maternity leave began, within four weeks of giving notice to her employer of her wish to return to her employment.

REGARDING BREASTFEEDING BREAKS

There are not legal provisions on this in the Labour Code.
Labour Act §83,84,86,87,88,89,90, 71(4)
Constitution §28,33

CASH BENEFITS


Maternity leave benefits


Scope

The Labour Act applies to all employment by any employer.
The Act does not apply to:
The Civil Service;
The Armed Forces, except those employed in a civil capacity;
The National Guard, Police Force; Security Service or the Prisons Service, except those employed in a civil capacity;
Domestic service;
Employment of a member of the employer’s household living in the employer’s house.
Labour Act §3

Qualifying conditions

Employee with:
a) two years continuous service with the same employer, or
b) whose period of service with the same employer has been interrupted by one or more periods, none of which exceeds seven months and who has in aggregate not less than eighteen months service with the same employer
Labour Act §71.2

Duration

12 weeks
Labour Act §71(2)

Amount

100 per cent
Labour Act §71(2)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Employer.
Labour Act §71(2)
Historical data (year indicates year of data collection)
  • 2009: Employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Parental leave benefits

Not provided.
Labour Act

Paternity leave benefits

Not provided.
Labour Act

Adoption leave benefits

Not provided.
Labour Act

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Not provided in the Labour Code.
There was not identified another statutory provision regarding the health-care for women during pregnancy, childbirth and the post-natal period.

In the Health Policy 2011-2015 the ante-natal,delivery and post-partum care are included in the minimum health care package in the head of the Village Health Committee VHC. Regarding health financing, it is stated in this document that Gambia government budgetary allocation to the health sector is still below the 15% target Abuja Declaration.

Labour Act
Social Security and Housing Finance Corporation
Health Policy 2011-2015

HEALTH PROTECTION


Arrangement of working time


Night work

It is not prohibited.
There are not legal provisions on night work at all.
Labour Act

Overtime

It is not prohibited.
There are not legal provisions on overtime work and its wages, and it is the contract of employment which shall include the rate of remuneration, the normal hours of work, any provisions for sickness or holidays.
Labour Act §52

Work on rest days

It is not prohibited.
There are not legal provisions on rest periods.
Labour Act

Time off for medical examinations

Not provided.
Labour Act

Leave in case of sickness of the child

Not provided.
Labour Act

Dangerous or unhealthy work


General

In the Labour Code there are not legal provisions regarding special risks neither for pregnant workers nor for female workers.

No person shall engage a child(person under 18 years of age) in any occupation or activity that is likely to be harmful to the health,safety,education,morals or development of the child or prejudicial to his/her attendance at school or any other vocational program.

Regarding the Inspection of working places in order to assess risks, the Commissioner acting under the authority of the Secretary of State or the person acting under her/his mandate or the Labour Inspector may where a person is sick or the conditions of his or her employment, or recruitment centers are not conducive to the rapid recovery of the person’s health, require the employer or recruiter, at the earliest opportunity and at his or her own expense, to send the person to the place of his or her engagement or to the hospital, as the case may require. Furthermore, the Commissioner may prohibit the engagement of a worker at any place of employment where the conditions in the place do not comply with the requirements of the Employment Act or the regulations made under it.

The Labour Code has also established that employers shall supply employees with a safety equipment or safety device of such nature and quality as to provide the employee adequate protection, so far as is reasonably practicable,from the risk occasioned by the activity in which he or she is engaged.

The Factories regulations of 1963 do not establishes any legal provision to protect neither female workers nor pregnant workers from special risks. Nevertheless, it stipulates measures to guarantee safety and health in factories for the protection of all workers.
Labour Act §4,15,46, 72
Factories Regulations No.18 of 1963 §12-24
CHILDREN’S ACT 2005
Summary

Risk assessment


» Assessment of workplace risks

All members of the Factories Board and any Inspector shall have power to enter any factory for the purposes of inspection at all reasonable times.

There are not provisions on this matter in the Labour Code.
Factories Regulations No.18 of 1963 §21
Labour Act

» Adaptation of conditions of work

Not provided.
Labour Act
Factories Regulations No.18 of 1963

» Transfer to another post

Not provided.
Labour Act
Factories Regulations No.18 of 1963

» Paid/unpaid leave

Not provided.
Labour Act
Factories Regulations No.18 of 1963

» Right to return

An employee returning from maternity leave shall be placed in the same job with the same benefits and entitlements as immediately before her maternity leave began, within four weeks of giving notice to her employer of her wish to return to her employment.
Labour Act §71(4)

Particular risks

The Labour Code does not enlist any particular risk at work for pregnant women and/or nursing mothers, neither does it the Factories Regulations.
Labour Act
Factories Regulations No.18 of 1963

Results generated on: 22nd December 2014 at 08:02:55.
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