GIBRALTAR Law and Practice Contributed by: Nick Cruz, Marc X Ellul, Arcelia María Hernández-Cordero and Kayleigh-Anne Revagliatte, Ellul & Cruz
who is not entitled to reside in Gibraltar and does so without a permit will not be allowed to stay. Applications must be made to the Civil Status and Registration Office. It takes around four weeks (or, in some cases, more) to obtain a residency permit. 4.2 Registration Requirements for Foreign Workers As mentioned in 1.2 Employment Contracts , in order to engage an employee, the employer must be regis - tered as such under the Business Trades and Profes - sions Registration Act 1989 and must also register with the Income Tax Office. Employers and employees may agree on working from home arrangements or for employees to be working while in transit, where this is appropriate for the type of business. Depending on the implementation of the arrangement, this may involve the employer issuing IT equipment or software that – once installed in an employee’s premisses or on their private devices – enables them to have the same level of access to the employer’s network, systems and resources as they would have if they were in the workplace. Employers must, however, implement appropriate technical and organisational measures to ensure compliance with data protection obligations under the Gibraltar GDPR and the Data Protection Act 2004 (DPA) in respect of the employees working remotely. As regards the monitoring of working from home arrangements, the employer must ensure that any use of employees’ personal data complies with the data protection law and identifies a lawful basis under Article 6 of the Gibraltar GDPR and Article 9 of the Gibraltar GDPR in respect of special categories of personal data, where applicable. 5.2 Sabbaticals There is no statutory right to request or take a career break or a sabbatical (paid or unpaid) for employees. However, such arrangements may be included in an employment contract or employee handbook as part 5. New Work 5.1 Mobile Work
of the employer’s employee retention strategy. A sab - batical would generally be subject to a negotiation between the employer and the employee, rather than a contractual or legal right. 5.3 Other New Manifestations Gibraltar does not currently have in place extensive regulations regarding new working arrangements such as desk sharing.
6. Collective Relations 6.1 Unions
The law on trade unions is largely governed by the Trade Unions and Trade Disputes Act 1947, which was supplemented by the Employment (Trade Union Recognition) Regulations 2023 with regard to the rec - ognition of trade unions by the employers. In order for a trade union to be able to conduct effec - tive collective bargaining on behalf of its members, it must be registered in accordance with the provisions of the Trade Unions and Trade Disputes Act 1947. An employee has the following rights in relation to their employer: • the employee may not be refused employment because of membership or non-membership of a trade union; and • dismissal for membership of, or for taking part in the activities of, an independent trade union is deemed automatically unfair for the purposes of the Employment Act 1932. 6.2 Employee Representative Bodies Where an employer is proposing to dismiss as redun - dant five or more employees at one establishment within a period of 90 days or less, the employer is required to consult about the dismissals all per - sons who are the appropriate representatives of any employees who may be affected by the proposed dismissals or by measures taken in connection with those dismissals. The appropriate representatives of any affected employees are the representatives of the trade union
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