GIBRALTAR Law and Practice Contributed by: Nick Cruz, Marc X Ellul, Arcelia María Hernández-Cordero and Kayleigh-Anne Revagliatte, Ellul & Cruz
Ellul & Cruz Suite 7 Hadfield House Library Street GX11 1AA Gibraltar Tel: +350 200 70921 Email: info@ellulcruz.com Web: ellulcruz.com
1. Employment Terms 1.1 Employee Status
1.3 Working Hours The Working Time Act 1999 (WTA) provides specific rules governing the working hours, breaks, and holi - days of workers. A person is considered a worker for the purposes of the WTA if such a person is engaged under a contract of employment or provides work or services under a contract that is not a contract for professional services. There is a 48-hour limit on average weekly work - ing hours, including overtime. The average number of hours worked are calculated by reference to a 17-week period. There are some special case exemp - tions that allow for a 26-week reference period and possibly a reference period of a full year where a col - lective or workforce agreement provides for this. It is possible for individuals to opt out of the 48-hour limit, but such agreements are terminable at no more than three months’ notice and increase the employer’s record-keeping burden. This category is open to wide interpretation and employment contracts frequently include provisions for working hours above the 48-hour limit for professionals and managerial staff. The 48-hour limitation does not apply to those whose working time cannot be measured or predetermined. Night-Time Work The normal working hours of a night worker must not exceed an average of eight in each 24-hour period. In the case of a night worker whose activities involve special hazards or heavy, physical or mental strain, there is an absolute limit of eight hours. Night-time means the period between 11pm and 6am. The pre - cise period can be determined in a relevant agreement
Self-employed individuals do not have the same rights as employees under Gibraltar law. Self-employed individuals are also responsible for their own tax and social insurance payments, which are normally han - dled by the employer in respect of the employees. 1.2 Employment Contracts Employment contracts may be for an indefinite peri - od or for a fixed term. The Fixed Term and Part-Time Employees (Prevention of Less Favourable Treatment) Regulations 2003 aim to prevent fixed-term and/or part-time employees being treated less favourably than similar permanent and full-time employees and limit the use of successive fixed-term contracts. In order to engage an employee, an employer must be registered as such under the Business Trades and Professions Registration Act 1989 and must also reg - ister with the Income Tax Office. In addition, a Noti - fication of Vacancy form must be completed, and all vacancies must be registered with the Department of Employment before seeking to engage a person as a worker. A Notice of Terms of Engagement must also be com - pleted and submitted to the Department of Employ - ment for all workers. This notice must set out certain terms of the employee’s employment, including wag - es and notice periods. A copy must be given to the employee. Any changes to the employment relation - ship must be notified to the Department of Employ - ment on a prescribed form.
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