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Employment Registration Explained

Table of Contents

1

 

Registration of a Business, Trade or Profession

The Business Trades and Professions (Registration) Act requires that every person who has a place of business in Gibraltar or who carries out business in Gibraltar to register with the Department of Employment.2

 

 

To Register a Company 

  • Completed 'Application for Registration of Business, Trade or Profession' form; 

  • Certificate of Incorporation (This is obtained from Companies House);

  • Any appropriate license(s)
  • Particulars of Directors (either: (i) company profile from Companies House; or (ii) a register of directors certified by an accountant, lawyer or company secretary);

  • If the company or business includes a working director then a completed Notice of Terms of Engagement for "working" Directors. Use this form: Notice of Terms of Engagement 

  • Fee: £69.00

Use this form: Application for Registration of Business, Trades or Profession3 

 

 

To Register a Business

  • Completed 'Application for Registration of Business, Trade or Profession' form; 

  • Tax/DSS approval. Verified internally and so should register with the Income Tax Office first;

  • Certificate of Registration of a Business Name (This is obtained from Companies House);

  • Any appropriate license(s)

  • Completed 'Self-Employed Persons Personal Details' form; 

  • Gibraltar trading address (recent - 3 months - proof of address required)

  • Fee: £69.00

Use this form: Application for Registration of Business, Trade or Profession

And this form: Self Employed Persons Personal Details 4

 

 

To Register as Self Employed

  • Tax/DSS approval. Verified internally and so should register with the Income Tax Office first;

  • Self-Employed Persons' Personal Details form; 

  • Application for Registration of Business, Trade or Profession.

  • Any appropriate license(s)

  • Gibraltar trading address (recent - 3 months - proof of address required)

  • Fee: £69.00

Use this form: Application for Registration of Business, Trade or Profession

And this form: Self Employed Persons Personal Details 5

 

 

Annual Renewal of Company or Business Registration

All businesses and companies registered with the Department of Employment must renew their registration yearly.

  • Fee: £27.00

Use this form: Annual Notification of Business, Trade or Profession 6

 

 

Variation of a Company or Business

If the registration details of the business require a change, these must be notified to the Department of Employment.

  • Fee: £17.00

Use this form: Notice of Variation of Business, Trade or Profession 7

 

 

To Register a Vacancy

A Notification 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.

  • Vacancies must be registered with the Department of Employment at least 10 days prior to the commencement date of that worker.

  • Fees:

    • Vacancies registered at least 10 working days before the commencement date of that worker. £17.00 fee.

    • Vacancies registered in or within 10 working days from the commencement date. An additional £15.00 penalty.

    • Vacancies registered after the commencement date of the worker. An additional £30.00 penalty.

Use this form: Notification of Vacancy 8

 

 

To Notify a Terms of Engagement

A Notice of Terms of Engagement must be completed and submitted to the Department of Employment for ALL workers. 

  • The first week of ANY employment under contract of service is deemed to be probationary period and can be terminated at the end of such week by either party without notice.

  • Remuneration CANNOT be less that the Minimum Wage as set out in the Conditions of Employment (Standard Minimum Wage) Order.

  • Employers shall, at each payment of wages, furnish the employee with a wage slip.

Use this form: Notice of Terms of Engagement

  • An employer is required to apply for a Work Permit should they wish to engage a Non-EU National prior to their commencement date. Further details can be found in section below “To Apply for the Issue of a Work Permit”.

Use this form: Application for the Issue of a Work Permit  9

 

 

To Notify a Variation to a Terms of Engagement

Where the employment or personal details of a registered worker have changed, these must be submitted in respect of the relevant worker.

Use this form: Notice of Variation of Terms of Engagement  10

 

 

To Notify a Termination of Employment

Whether due to necessary layoffs, downsizing, retirement, A 'Termination of Employment' form must be submitted to the Department of Employment in respect of workers who have their employment terminated.

  • 'Termination of Employment' forms must be submitted no later than 7 days after the termination date.

  • On termination of a contract all remuneration due must be paid by the end of the next pay date.

Use this form: Termination of Employment  11

 

 

To Notify the Temporary Employment of a Detached Worker

Detached workers are persons who are in employment in another EU-Member state and are required, by their employers, to perform work in Gibraltar for a temporary period.

The 'Notification of Temporary Employment of a Detached Worker' form must be completed by the Gibraltar registered company.

The following documentation must be submitted no later than 5 working days before the proposed commencement date:-

  • Completed ‘Notification of Temporary Employment of a Detached Worker’ form

  • A1* form in respect of the Employee

  • Employee's original or Certified True Copy of Passport/ID Card

  • Tax Code issued by the Income Tax Office to the Employee

  • Certified True Copy of the contract between employee and their employer

  • Fee: £69.00

*An A1 is a document produced by the respective EU Country proving that the Detached Worker is paying their social contributions in that country of ordinary residence. It is not a form that we provide.

Use this form: Notification of Temporary Employment of a Detached Worker  12

 

 

To Apply for the Issue of Work Permit 

Persons who are not entitled to work in Gibraltar (e.g. non-EEA nationals, see notes below) will require an employer to request a Work Permit before commencement of employment. A work permit is issued to an employer for a specific post and for a period not exceeding 12 months.

The ‘Application for the Issue of a Work Permit’ form must be completed by the employer.

The following documentation must be submitted in advance of the proposed commencement date:

  • Completed ‘Application for the Issue of a Work Permit’ form

  • Applicant’s Passport (Original or Certified True Copy)

  • Spouse/Partner’s Passport/ID Card (Original or Certified True Copy if applicable)

  • Marriage Certificate (Original or Certified True Copy if applicable)

  • Notice of Terms of Engagement (The start date on the Terms of Engagement CANNOT be prior to the date of issue of the Work Permit)

  • Proof of qualifications, experience, curriculum vitae, etc. (as stated in the ‘Notification of Vacancy’)

  • Copy of Notification of Vacancy

  • Any other documentation the Employer may wish to provide in support of the application for the issue of the Work Permit.

  • Fee: £52.00

Failing to secure a work permit for any persons not entitled to work in Gibraltar is an offence and a fixed penalty notice of £3,000 may be issued to the employer.

(Note: Swiss nationals do not require a work permit to work in Gibraltar)

Use this form: Application for Issue of a Work Permit 13

 

 

To Apply for the Renewal of Work Permit 

If a work permit is due to expire an application to renew must be completed before 10 days of expiry.

  • Fee: £26.00

Use this form: Application for Renewal of a Work Permit

 

IMPORTANT

Failure to comply with the registration of a business, vacancy or employee could result with a fine of £3,000.

Non-submission of a Termination of Employment could result with a fine of £750.