The Department of Employment is responsible for matters appertaining to employment as provided under the Employment Act and any subsidiary or related legislation.
Employment related issues are multiple and varied so that the Department's functions in turn reflect this diversity of the labour market.
Assisting the registered unemployed find employment, maintaining a comprehensive employment database, ensuring relevant law enforcement, coupled with providing a general employment information resource service to its various ‘client groups’, constitute the day to day functions of the Department of Employment.
To this effect, the Department of Employment is composed of various units, each being tasked with particular functions and duties. A résumé of the work each of these units, by way of very general information, is here provided. The offices of the Department of Employment may be directly contacted for any further or specific information.
Unit 76/77 New Harbours, Gibraltar
Tel: (350) 20011000
Fax: (350) 20073981
1. Print required forms from website
2. Fill-out as required and send to the ETB as follows:-
- (1) by email (scan first) to firstname.lastname@example.org
- (2) Forward original signed documents to the Department of Employment with a cover note advising that these documents have already been submitted via email.
3. Employers and employees copy of the form will be sent back via email to employer
The Employment Service offers a Job Centre facility to persons registering as unemployed. The main function of the Job Centre is to ensure that all registered unemployed persons are provided with every possible opportunity that will enable them to secure suitable employment. Employment Officers are available to assist in matching registered unemployed persons against notified vacancies and arranging for job interviews with potential employers.
All ‘businesses, trades and professions’ (i.e. every person who has a place of business in Gibraltar or who carries on business in Gibraltar) are required to be duly registered.
Similarly, an employer must notify the engagement of a worker not later than the day on which that engagement commences. A ‘Notice of Terms of Engagement’ constitutes the formal notification document for this purpose.
Employers must likewise register any vacancy arising within their establishment and notify the termination of employment of an employee within 7 days of date of termination.
The Registration Unit is thereby in a position to compile the relevant statistics in relation to Gibraltar’s labour market.
A team of appointed labour inspectors is responsible for the enforcement of statutory provisions contained in the Employment Act and subsidiary or related legislation.
Statutory provisions apply, for example, in relation to annual leave, sick pay, redundancy payments, notice periods, standard minimum wage, specific industry group conditions of employment, issue of pay slips, etc.
Under the Employment Regulation (Offences) Act, labour inspectors are empowered to issue fixed penalty notices that can range from £750 for failure on the part of an employer to register a termination of employment to £3,000 for failing to register a vacancy, the engagement of a new employee or the request for a work permit.
The Labour Inspectors constitute a valuable source of information to employers and employees alike as regards due compliance with rights and obligations as set by employment legislation.
Health and Safety Officers are appointed under the Factories Act. In being responsible for the enforcement of the provision of the Factories Act and subsidiary legislation, the inspectorate is tasked with several key functions.
The main function of the Health and Safety Inspectorate is to ensure that work places comply with statutory provisions in relation to prescribed health and safety standards.
Instances of non-compliance can result in the imposition of an ‘Improvement Notice’ or even a ‘Prohibition Order’ that will in effect bring work operations to a standstill until such time as the Health and Safety Inspectorate is satisfied that required safety standards have been duly complied with.
The Health and Safety Inspectorate is further empowered to investigate accidents occurring at a place of work with investigations sometimes leading to prosecutions.
The Health and Safety Officers constitute a valuable source of information to employers and employees alike as regards due compliance with rights and obligations as set by health and safety legislation.
Persons who are non-entitled to work in Gibraltar (e.g. non-EEA nationals. See notes below) will require the prospective employer to request the issue of a work permit before commencement of employment.
Various conditions will need to be met by the employer before approval may be granted for the issue of a work permit. A work permit is issued for a period not exceeding 12 months.
The employment of a worker for whom a work permit is required without the employer having first obtained such a permit is an offence and a fixed penalty notice of £3,000 may be issued to the employer.
Note 1: Swiss nationals do not require a work permit for employment in Gibraltar.
The Insolvency Fund is intended to allow employees to claim payments due to them (in respect of pay, annual leave, notice periods, etc.) but not paid as a result of their employers’ ‘insolvency’.
For the above purpose, ‘insolvency’ includes cases where an employer ceases to carry on the business, trade or profession in which the worker was engaged.
An application for payment from the Insolvency Fund must be made as soon as possible and in any case not more than thirty days after the employee becomes aware of the employer’s insolvency.