LABOUR LAWS IN GIBRALTAR
Government employees are now paid at a rate on parity with UK and the private sector is broadly in line with government. There is a policy of equal pay for women and there is minimum wage protection for certain sectors.
Consultation is encouraged between employees and employers over working conditions and there are provisions for involving statutory wage fixing in the event of a breakdown in negotiations. Minimum holiday entitlement according to law is two weeks increasing to three weeks for over five years served. This is in addition to eleven public holidays.
Trade Unions are recognised in Gibraltar but it is not compulsory for workers to join a Union. Unions must be registered under the Trade Unions and Trade Disputes (Conciliation and Arbitration) Ordinance. Employees and Unions are entitled to withhold labour when there is a dispute.
Employers are required to keep their premises in a reasonable condition for their workers, as laid down in the Factories Regulations. There are also Ordinances concerning the storage and use of explosives and petroleum products.
Legislation also exists to cover unfair dismissals. Any aggrieved employee can appeal to an Industrial Tribunal, which is set up under the Regulation of Wages and Conditions of Employment Ordinance.
This is compulsory for all employed persons and available for self employed persons. All non-residents of Gibraltar employed in Gibraltar are subject to the employment laws and social security legislation.
Only employees who arrive from another EU country and who continue making social security contributions in that country, are exempted, on production of the requisite documentation, from making contributions in Gibraltar.
All employees are entitled to be included in approved pension schemes in Gibraltar which are additional to the social security arrangements. Company directors are also entitled to be included as are partners of firms.
All self-employed persons are entitled to retirement pensions from the social security scheme as long as the appropriate contributions have been paid.
Unemployed workers are granted credits against their social security contributions. If they satisfy the required conditions they may also claim unemployment benefit and in cases of hardship may receive supplementary benefit.
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