The Gambia yesterday joined the international community in celebrating Worker’s Day at a grand style at the Independence Stadium, Bakau.
In a statement delivered on the day, Abdou Colley, secretary of state for Trade, Industry and Employment dilated on the new labour dispensation in place passed by the National Assembly in its third Legislative session in 2007. He informed workers that the new

labour dispensation is also in line with government’s objective to promote social justice and internationally recognised human and labour rights. He further urged all tripartite partners, employers and workers and their respective associations, to familiarise themselves with the provisions of the new Labour Act and work towards its effective implementation in the collective interest of all.

He also assured that his Department of State will not relent in its efforts to safeguarding the interest of workers, especially with regards to pension or retirement benefits. He however, urged all employees to play their part by meeting their obligations fully and look up to their employers for good remuneration and conditions of service, so also do employers look up to employees for loyalty at work, dedication to service and improved productivity.

He also  advised workers to take their work very seriously and display a high sense of sincerity at work and avoid actions and behavior that are dishonest, change their attitudes and work habits and ensure that their obligation to duty is not found to be wanting in any respect.

Below we reproduce the full text of SoS Colley’s national address:

As the world commemorate 1st of May each year as Workers Day, the occasion offers us an opportunity not only to celebrate but also to reflect on our achievements and shortcomings over the past year in order to effectively plan for the year ahead.

Let me first of all register, on behalf of His Excellency the President Dr Alhaji Yahya AJJ Jammeh, the Government and people of The Gambia, my appreciation to both the employers and workers associations for continuing to ensure that our industrial relations are carried out in a consultative and hitch-free manner.

This I believe is a true manifestation and adherence to the principles of collective bargairing, and mutual respect for the rights and obligations of both parties to the employment relation. I therefore look forward to a consolidation of this relationship of trust and respect for the mutual benefit of both employers and employees.

As we celebrate yet another Workers Day in The Gambia, I would like to focus this year’s attention on the new labour dispensation in place. I am glad to report that during its third legislative session 2007, the National Assembly passed into law the new Labour Act, 2007 which seeks to incorporate the International Labour Organisation (ILO) conventions ratified by The Gambia since its accession to membership of the world body in 1995. The ILO Conventions in question are namely:

Convention 29 on Forced Labour

Convention 87 on Freedom of Association and protection of the Right to Organise

Convention 98 on the Right to Organise and Collective Bargaining

Convention 100 on Equal Remuneration

Convention 105 on the abolition of Forced Labour

Convention 111 on Discrimination in Employment and Occupation

Convention 138 on Minimum Age

Convention 182 on the Elimination of the Worst Forms of Child Labour

The new labour dispensation is also in line with Government’s objective to promote social justice and internationally recognised human and labour rights.

Thus the Labour Act, 2007 which came into force on January 1, 2008 seeks to ensure that the regulatory framework for labour matters is aligned to developments in both the domestic and international labour markets in the quest to maintain a healthy working environment conducive to fair labour relations. The Act therefore brings labour relations in The Gambia in line with internationally accepted standards, and ensures that both workers and employers are protected from unfair practices. The new Labour Act takes cognizance of the fact that employment is fundamental to the fight against poverty and social exclusion.

I take this opportunity to call on our tripartite partners, employers and workers and their respective associations, to familiarise themselves with the provisions of the new Labour Act and work towards its effective implementation in the collective interest of all. May I hasten to add that the first obligation of an employer under the new labour dispensation is to ensure that every employee is issued with a statement of particulars of employment. In effect, Section 52 (1) of the Act calls on every employer to give to his or her employee a written statement of particulars of employment, and subsection (2) provides that the statement referred to in subsection (1) shall be given, in the case of an employee (b) employed after the commencement of this Act, within one month of his or her reporting to work.

Since the new Act came into force on January 1, 2008, all employees who were in employment by that date should now have been issued with their statement of particulars of employment in the manner prescribed under Section 52 (3) of the Act. On this note I call on all employers, if they have not already done so, to issue all their employees with a statement of particulars of employment without any further delay.

I would like at this juncture to inform you of a specific item on the statement of particulars of employment relating to pension rights. It is worthy of mention that just as the right to join or remain a member of a trade union or an organisation representing workers is an inviolable right of every employee, so also is the right to a pension.

It is the responsibility of every employer to ensure that all eligible employees are registered with either of the pension funds administered by the Social Security and Housing Finance Corporation. I would also add that it is equally in the interest, and therefore an obligation, of employees and their organisations to monitor and ensure that their empoyers are effectively remitting their pension contributions as required. I would like to call on the Social Security and Housing Finance Corporation and the Department of Labour to increase collaboration in this area to ensure that the provisions of both the Social Security and the Labour Acts are effectively adhered to.

Henceforth, my Department of State will not relent in its efforts to safeguarding the interest of workers, especially with regards to pension or retirement benefits. However, I urge all employees to play their part by meeting their obligations fully. As workers look up to their employers for good remuneration and conditions of service, so also do employers look up to employees for loyalty at work, dedication to service and improved productivity.

We must therefore take our work very seriously and display a high sense of sincerity at work and avoid actions and behavior that are dishonest. In this regard, I urge workers to change their attitudes and work habits and ensure that their obligation to duty is not found to be wanting in any respect.

Occupational health and safety at work is also another area that deserves to be given much attention within the context of decent work and industry relations. For the most part one can safely say workers in The Gambia are not exposed to the serious hazardous conditions obtained elsewhere in the world, where they can easily contract diseases associated to big industrial outfits such as chemical factories. However, agricultural workers, workers in cement and plastic facotries could be exposed to infectious diseases associated with those occupations.

It is in the collective interest of both employers and employees to create an environment that is healthy and safe enough for effective work to take place. I would therefore urge employers to provide protective gear and equipment where required and to ensure that the use of such is adhered to by all those affected at all times. I also urge employees and in particular, their associations, to ensure that they fully understand the consequences of not using protective gear and equipment where required, and to oblige their membership to comply in their own interest.

On this note, I thank you all for your kind attention and wish you a restful and blessed May Day Celebrations.

Editor,

The jobs advert section you recently added to your website could not have been done at any better time.

It is more than helpful particularly for those of us who want to return to the Gambia to serve our people after completion of our postgraduate studies. Many thanks for the section and wish you all the best.

Alkalo Samba Gawlo.


Editor’s note: Thank you Mr Gawlo. Our next plan is to have a column where you can post your CVs, so that employers in The Gambia cam view your details and contact you if they want to.

Editor,

I am a Gambian residing in England with a masters degree in development studies, and have lately been thinking of coming back home to work. However , I am finding it difficult to access job adverts in The Gambia, thus wondering if there is any chance of accessing such information through your reputable newspaper online.
Ms Ammie Sanneh
UK

Editor’s Note:

Hello Amie, it is always good to hear of educated people wanting to come back home to work. Daily Observer has been thinking about making local job advertisements accessible to readers abroad, and we will see what we can do in the new year.

In the meantime, I suggest you start by sending your CV to the various institutions and employers in the country. I spoke to the UK High Commissioner here and he suggested that you could check to see if there are professional organisations in your field who may subsidise a returning African – I think one of them may be the International Organisation for Migration in London. I am not sure whether the British Government’s DFID may not have such an assistance programme, but check with them.  If they haven’t, they should! Good luck - a happy new year!

Members of the National Assembly has condemned the upsurge in child labour and street begging. The NAMs also called on the relevant authorities to deal with this situation by implementing the laws stated in the Bill and ensure that the Bill protects both employees and employers.

These comments where made by members on Monday at the beginning of the third Legislative Year session during the amendment of the Labour Bill of 2007.

The bill seeks to incorporate, in the basic national legislation on labour matters in line with the government’s objectives to promote social justice and internationally recognised human and Labour Rights, the International Labour Organisation (ILO) Conventions ratified by The Gambia since its accession to membership of the world body in 1995 such as theConvention 29 on Labour Force, Convention 87 on Freedom of Association and Protection of the Right to organise, Convention 98 on the right to organise and collective bargaining, Convention 100 on equal renumeration, Convention 105 on the abolition of forced labour, Convention 111 on  discrimination in employment and occupation, Convention 138 on minimum age, and Convention 182 on the elimination of the worst forms of child labour.

The bill provides for the administration of labour, recruitment and bringing of labour, protection of wages, and the registration of trade unions and employer organisations and matters connected therewith.

Presenting the bill before members, Abdou Colley, Secretary of State for Trade, Industry and Employment said the Labour Bill of 2007 also ensures that the regulatory framework for labour matters is aligned to developments in both the domestic and international labour markets in the quest to maintain a healthy working environment conducive to fair labour relations.

“Thus, this bill having undergone the tripartite consultative process, aims at updating the Labour Act, 1990 for the good of both workers and employers. The review was conducted with the technical assistance of the International Labour  Organisation,” he said.

He further noted that, the Labour Bill of 2007 in updating the Labour Act of 1990 also makes provision for the Port Labour Board Rules which constitutes the second schedule of the Labour Act 1990, which has been removed from the Labour Bill of  2007.

He added that, the existing Labour Act as amended by the Labour Amendment Act 2004, was therefore revisited in its application to the dock labour scheme and consequently, the Bill contains provisions which are intended to update and are in harmony with the operations of The Gambia Ports Authority to enhance the competitive potentials of the authority.

“It also makes provisions for the establishment of industrial tribunals, one in Banjul and in such other Local Government Areas which the Chief Justice may determine. These courts can adjudicate all individuals claims arising under any contract of employment. Already, one industrial tribunal has been set up in Banjul and another one in the Kanifing Municipal Area.

It also provides a new chapter on miscellaneous issues that willaddress the problem of discrimination on the basis of HIV/AIDS perceived or known status. Given the prevalence of the people living with HIV/AIDs among the labour force in The Gambia, this provision will guarantee the rights of affected people and fight against discrimination and stigma.

It further provides for the inclusion of a chapter on the employment of children in an effort to domesticate the ILO Convention on the elimination of the Worst Forms of Child Labour. Also, in recent years, there has been a global outcry against child labour, which The Gambia cannot afford to ignore,” he highlighted.

SoS Colley then pointed out that, the review of the Labour Act of 1990 is timely as The Gambia is cognisant of the fact that. employment is fundamental to the fight against poverty  and social exclusion.

He added that the pursuit of decent work should go beyond narrow economic calculations and rights. Economic benefits are complementary and not incompatible or imposing trade-offs. “The bill therefore, will bring labour relations in The Gambia in line with international accepted standards, and ensure that, both workers and employers are protected from any unfair practices” he concluded,

Supporting the bill, Hon. Adama Cham, National Assembly member for Kombo North, commended the Secretary of State and his team of experts for preparing such a timely bill. According to him, the bill promotes social justice in a bid to maintain a healthy environment. He added that, the Bill further protects both employers and employees and also goes to the extend of providing safety measures that will enhance productivity. He then called for collective responsibility to realise the objectives of the Bill.

Hon. Haddy Nyang Jagne, NAM for Jeshwang, condemned the act of children begging and urged the authorities concerned to look at the matter as children are suffering.

Fabakary Tombong Jatta, Majority Leader and member for Serrekunda West commended the government for always demonstrating and trying to go in line with internationally accepted standards in all aspects. He then noted that, the need for the Bill cannot be over-emphasised and further complained of inadequate of documentation between certain employers and employees and illegal terminations. This Bill, he added, will greatly protect both employees and employers.

Momodou Sanneh, Minority Leader and member for Kiang West, Abba Sanyang of Foni Kansala and Seedy Njie, nominated member all expressed similar sentiments and lauded the government for coming-up with such a timely Bill.