- Overview: Gambia
- Global HR Compliance
- Global PEO and payroll
- Contractor vs. employee: which is better?
Global HR Compliance in Gambia
According to the Vision 2020 of Gambia’s government , that prescribes employment development with involvement of a well-educated, trained, skilled, healthy, self-reliant and enterprising population to facilitate the transformation of Gambia into a financial center, a tourist paradise, a trading, export-oriented, agricultural and manufacturing nation, thriving on free market policies and a vibrant private sector.
Such changes may lead to international cooperation with Acumen International in the personnel administration and it helps companies solve the problems of functioning and development in a market economy by reducing costs, accelerating adaptation to external conditions, improving the quality of products and services, reducing risks.
The war for global talent has never been tougher. Attracting and keeping sought-after international employees requires knowledge. Whether your company is already engaging or planning to engage global workforce in the Gambia, you need to trust that your operations are executed without flaw and without any unnecessary risks.
Businesses of all sizes face a devastating lack of information and support on global employment, taxation, and immigration in the Gambia. There’s a common and significant gap between what’s required to be 100% compliant and what most organizations actually have at their disposal.
Acumen International can fill the gap in fragmented Global HR Compliance knowledge
We are experts in global workforce employment in the Gambia, and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.
We act as an information service for corporate clients, agencies, and independent contractors and freelancers. Our Global HR Compliance service in the Gambia will help you:
- Navigate legislation and local nuances of the Gambia. You need to know what is acceptable and what can expose you to employment litigation as well as employee / independent contractor misclassification risk in the Gambia.
- Avoid areas of possible risk. Certain areas and activities can create unnecessary risk, such as employer-employee relations. We can help you with worker classification, payroll and tax calculations, and social cost contributions.
- Handle currency exchanges and local invoicing in the Gambia. We save you time and effort, freeing you from having to understand complicated regulations and tax calculations written in the local language and subject to frequent changes.
- Create employment contracts and handle compliant engagements. Our objective is to assist you with international HR compliance issues and offer you the best payment and taxation options in the Gambia.
- Manage expatriate immigration and visa support nuances in the Gambia. Acumen International provides information about the best scenarios of expat immigration and employment.
- Handle global recruitment issues. We can help you select the person and then employ him with our help. We advise you on local employment laws and implied compliance risks to determine the most cost-effective, compliant, and risk-free solution for you.
- Withdraw from the region in the least risky and most cost-effective way. If you choose to do so, we can help you withdraw from the region as simply as possible.
Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.
With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in the Gambia.
Hiring and Firing Workforce in Gambia Guide
# Employment contracts
The employment contract should be in any one of the following forms:
- a contract for an unspecified period of time;
- a contract for a specified period of time; or
- a contract for a specific task.
However, if the specific period, task, piece of work or journey expires or is performed, but the employment continues without protest for four weeks thereafter, the contract is deemed to have been immediately renewed for an indefinite period.
# Minimum (Statutory) Employment Rules and Regulations in the Gambia
# Hours of work:
Official working hours are now 08:00 to 16:00 from Monday to Thursday and 08:00 to 12:30 on Friday – making 36-and-a-half hours a week.
# Probation period:
In the employment contract for a skilled employee, the parties may agree on the duration of the probation period, but that period should not exceed 12 months.
# Annual leave:
An employee is entitled to accumulate days of annual leave provided by Join 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 1 month, the appropriate proportion of the entitlement is deemed to accrue for each month of employment. An employer should in consultation with the employee determine and grant the date for the taking of annual leave.
# Parental leave:
The maternity leave and benefit applies to every female employee:
- with two years continuous service with the same employer; or
- whose period of service with the same employer has been interrupted by one or more periods, none of which exceeds 7 months and who has in aggregate not less than 18 months service with the same employer.
An employee which performs two abovementioned conditions is entitled to maternity leave with pay at her normal rate for not less than the six weeks following that date. An employee which performs two abovementioned conditions and who takes a period of maternity leave and wishes to return to her former employment should within six weeks following the actual date of confinement, give notice to her employer of her wish to return. An employee returning from maternity leave should 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.
# Sick leave:
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. An employer may use paid sick leave days in respect of any day of normal work on which an employee is unable to perform his or her usual work because of bodily or mental illness, disease or injury.
# State minimum salary:
The Gambia minimum wage is 50 dalasi per day ($1.25). The Gambia’s minimum wage was last changed in January 2015.
# Employee dismissal:
The employment contract could be terminated, not at the initiative of the employer, in certain circumstances, including by:
- employee retirement;
- the expiry of a fixed-term contract; and
- the completion of the task for which the was concluded.
An employer may summarily dismiss an employee on the following grounds:
- if an employee is guilty of serious misconduct, inconsistent with the fulfilment of the expressed or implied conditions of his or her contract of employment which makes it unreason-able to expect the employer to continue the employment relationship;
- habitual or substantial neglect, through absence or otherwise, of his or her duties;
- lack of a skill that the employee expressly or by implication holds himself or herself to possess; or
- misrepresentation on which the contract of employment was based.
An employee is deemed not to have voluntarily resigned from employment unless there is clear evidence of the employee’s deliberate intention to resign.