Hassans has a significant employment law practice and we advise both employers and employees. As Gibraltar has grown as a finance centre, we have acted increasingly for banks, insurance companies and gaming companies.
Our lawyers have become the first point of contact for human resources departments of major employers on all aspects of employment law in Gibraltar. We provide advice and management in all areas including:
- Pay systems
- Social security
- Collective bargaining
- Corporate reorganisations
- Redundancies and restructuring
- Arbitration and litigation
- Administrative proceedings and litigation
Gibraltar Employment Law FAQs
- Does Gibraltar Employment Law apply to foreign nationals working in Gibraltar?
Yes, Gibraltar employment law applies to all employees working in Gibraltar. It is also likely the case that Gibraltar employees who are working, as part of their employee obligations, abroad are also likely to be able to rely on the application of Gibraltar Law to their employer/employee relationship;
- Are my statutory employment law rights as an employee limited in any way?
Employees acquire employment rights under the laws of Gibraltar in respect of redundancy payments, minimum periods of notice on termination, minimum payments for sick leave and set periods of time when exercising rights to maternity or parental leave. Certain rights, such as the right to claim for unfair dismissal, do not accrue before the expiry of 52 weeks continuous service.
- What do I need to do to employ a worker in Gibraltar?
An employer is required to be registered under the Business Trades and Professions Registration Act 1989 and may also require a licence under the provisions of the Fair Trading Act 2015. In addition the employer is required to be registered with the Income Tax Office in Gibraltar and to advertise the vacancies at the Gibraltar Employment Service.
- How do I apply for a Gibraltar visa?
Online applications can be made by visiting the UK’s immigration service page for visa applications and select ‘Visit, study, work or settle in certain British Crown Dependencies, Commonwealth countries or British overseas territories.’ Once selected, follow the prompts to file the application.
- Do I need a work permit to work in Gibraltar?
If you qualify as an ‘entitled worker’ as described below then you do not require a permit to work in Gibraltar. Those who do not qualify as an entitled worker must have a permit to work in Gibraltar which must be secured ahead of commencement of employment. The work permit, if granted, will only be granted for a period of 12 months at a time and the employer making the application will be required to place a deposit with the Director of Employment in a sum equivalent to the cost repatriating the employee which is the subject of the application. Applications tend to take between two to three weeks. Applications for a work permit must be to the Civil Status and Registration Office;
- What is an ‘entitled worker’?
- European Economic Area (EEA) nationals;
- Family members of EEA nationals;
- Persons entitled to seek and take up employment in Gibraltar; and
- Swiss nationals.
- Is there a minimum wage in Gibraltar?
Yes. The minimum wage in Gibraltar is £8.10 per hour
- Are there any whistleblower provisions in Gibraltar?
Yes – since the creation of the Employment (Public Interest Information) Act 2012, there is a statutory protection for employees who make a disclosure in the public interest, including the right not to be subjected to a detriment, or dismissed. An employee who suffers a detriment can bring a claim for compensation in the Employment Tribunal. There is no minimum qualifying period of service for making such a claim.
Gillian Guzman KC
Gilbert Licudi KC
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A full service law firm
With Hassans by your side, you can be sure of the best advice, from the right person for the job, in all areas of legal practice in Gibraltar.