Navigating Employment Law in Gibraltar: What Employers and Employees Need to Know
Employment law in Gibraltar is designed to protect both employers and employees, ensuring fair working conditions and adherence to local regulations. Understanding your rights and responsibilities is key to maintaining a productive working relationship.
Employment Contracts
All employment vacancies in Gibraltar must be registered with the Employment Training Board (“ETB”) at least 10 days prior to the commencement date of the employment. The employer must register the terms of the employment contract with the ETB in their standard format.. This includes the job title, working hours, salary, holiday entitlement, and notice periods. It is recommended that employers provide a more detailed employment contract setting out further terms relating to maternity/paternity leave, disciplinary procedures, sick leave protocols etc. Whilst this is recommended, it is not mandatory. ,
Working Hours and Minimum Wage
The standard working week in Gibraltar is 37.5 hours. Employees are entitled to overtime pay if they are required to work beyond their contracted hours, although the specifics of overtime rates should be outlined in the employment contract. Gibraltar also has a statutory minimum wage, which is reviewed annually.
Holiday Entitlements
Employees in Gibraltar are entitled to a minimum of 15 days of paid holiday each year. In addition, there are public holidays that must be observed. The law also provides for additional entitlements, such as parental leave, which has recently been under review to ensure compliance with modern standards.
Employee Rights and Protections
Gibraltar employment law provides strong protections against unfair dismissal and discrimination in the workplace. Employees cannot be dismissed without valid reason, and any dismissal must be handled according to the legal requirements set out in the Employment Act. Discrimination based on age, gender, race, or disability is prohibited, and employees who feel they have been treated unfairly can bring a claim before the Employment Tribunal.
Employer Obligations
Employers in Gibraltar must adhere to a range of obligations to ensure compliance with local employment law. These include:
- Providing a Safe Working Environment: Employers are required to take reasonable steps to ensure the health and safety of their employees in the workplace.
- Social Insurance Contributions: Employers must contribute to their employees’ social insurance payments, which fund benefits such as sick pay, maternity leave, and pensions.
- Handling Disciplinary and Grievance Issues: Employers should have clear procedures in place for dealing with disciplinary issues and grievances. These processes should be set out in employee handbooks and contracts.
