Hire in Gibraltar through our Employer of Record (EOR)

An Employer of Record (EOR) is a third-party organization that takes on the legal and administrative responsibilities of employing workers on behalf of another company. This arrangement allows businesses to hire employees in countries where they don't have a legal entity, effectively expanding their global reach without the need to establish a local subsidiary or branch office.

For a territory like Gibraltar, with its unique geographical position and complex political status, an EOR can be particularly valuable. It enables companies to tap into Gibraltar's skilled workforce and strategic location without navigating the intricacies of local employment laws and regulations on their own.

How Does EOR Work?

When a company decides to use an EOR service, the process typically unfolds as follows:

1. The client company identifies a candidate they wish to hire in Gibraltar.
2. The EOR becomes the legal employer of the worker, handling all administrative tasks such as payroll, tax withholding, and benefits administration.
3. The client company maintains day-to-day management of the employee, directing their work and responsibilities.
4. The EOR ensures compliance with local labor laws, manages employment contracts, and takes on the legal liabilities associated with employment.

This arrangement creates a tripartite relationship between the EOR, the client company, and the employee, with each party having distinct roles and responsibilities.

Benefits of Using an EOR

Employing an EOR in Gibraltar offers several advantages:

1. Rapid Market Entry: Companies can quickly establish a presence in Gibraltar without the time-consuming process of setting up a local entity.

2. Compliance Assurance: EORs are well-versed in Gibraltar's employment laws and regulations, ensuring that all hiring practices and employment terms are compliant with local standards.

3. Risk Mitigation: By taking on the legal employer role, EORs shield client companies from many of the legal risks associated with direct employment.

4. Flexibility: EORs allow companies to scale their operations in Gibraltar up or down without the long-term commitments associated with establishing a local subsidiary.

5. Cost-Effectiveness: Using an EOR can be more economical than setting up and maintaining a local entity, especially for companies with a small number of employees in Gibraltar.

6. Local Expertise: EORs provide valuable insights into local business practices, cultural norms, and market conditions in Gibraltar.

7. Simplified Administration: EORs handle complex administrative tasks such as payroll, benefits, and tax compliance, allowing client companies to focus on their core business activities.

8. Access to Talent: EORs can help companies tap into Gibraltar's diverse talent pool, including financial services professionals and tech experts.

By leveraging an EOR's services, companies can navigate the unique challenges and opportunities presented by Gibraltar's business environment, from its strategic location at the entrance to the Mediterranean to its status as a financial services hub. This approach allows businesses to benefit from Gibraltar's advantages while minimizing the complexities associated with direct employment in this distinctive territory.

Gibraltar's employment landscape is a unique blend of British, Mediterranean, and international influences, shaped by its strategic location and historical ties. The territory boasts a diverse, well-educated workforce, with a strong emphasis on service-oriented industries such as finance, online gaming, and tourism. Despite its small size, Gibraltar offers a dynamic job market with low unemployment rates and a growing demand for skilled professionals.

Overview of Labor Laws

Gibraltar's labor laws are primarily based on UK legislation but adapted to local conditions. Key aspects include:

• Minimum wage regulations
• Working time directives
• Anti-discrimination laws
• Health and safety standards
• Employee rights and protections

These laws aim to ensure fair treatment of workers while maintaining a business-friendly environment. Employers must be aware of these regulations to maintain compliance and foster positive workplace relations.

Cultural Considerations

Gibraltar's workplace culture reflects its diverse heritage:

• Work-life balance is valued, with a Mediterranean influence favoring leisure time
• Communication styles blend British professionalism with direct, clear exchanges
• Organizational hierarchies exist but are becoming flatter, especially in tech-driven sectors
• Personal relationships and networking play a significant role in professional interactions
• Adaptability is key, given the mix of local and international workers

Understanding and respecting these cultural nuances can greatly enhance workplace harmony and productivity.

Challenges of Direct Hiring

While Gibraltar offers a talented workforce, direct hiring can present several challenges:

1. Limited local talent pool: Given Gibraltar's small population, finding specialized skills locally can be difficult.

2. Cross-border complexities: Many workers commute from Spain, adding logistical and legal considerations.

3. Brexit implications: Uncertainty around future labor mobility may affect hiring strategies.

4. Compliance issues: Navigating local labor laws and regulations can be complex for foreign companies.

5. Cultural adaptation: Integrating international hires into Gibraltar's unique work culture may require additional effort.

6. Competition for talent: With a low unemployment rate, attracting top talent can be challenging and potentially costly.

These challenges highlight the importance of strategic workforce planning and potentially partnering with local experts or considering alternative employment solutions, such as using an Employer of Record service, to navigate Gibraltar's unique employment landscape effectively.

Gibraltar's payroll and tax system is designed to ensure both employers and employees contribute to the social welfare system while maintaining a competitive business environment. The system involves various contributions and deductions, with specific responsibilities for both employers and employees. Let's delve into the details of payroll and taxes in Gibraltar.

Employer Contributions

Employers in Gibraltar play a crucial role in the payroll and tax system, bearing significant responsibilities to ensure compliance with local regulations. Their primary obligations include:

Social Insurance Contributions

Employers are required to make social insurance contributions on behalf of their employees. These contributions fund various social benefits, including:

• Pensions
• Healthcare
• Sick pay

The current employer's social insurance contribution rate is 18% of the employee's gross earnings. However, this rate is subject to:

• A minimum weekly contribution of approximately GBP 29.00
• A maximum weekly contribution of around GBP 51.00

Calculation and Payment Process

Employers are responsible for:

1. Calculating the correct contribution amounts
2. Deducting the employee's share of social insurance (currently 10% of gross earnings) from their salary
3. Remitting both their own and the employee's contributions to the Income Tax Office

These contributions are due monthly and must be paid on or before the 15th day of the following month.

Additional Employer Obligations

To ensure compliance with Gibraltar's tax regulations, employers must:

1. Register with the Income Tax Office
2. Maintain accurate payroll records for tax and compliance purposes
3. Implement and manage the Pay-As-You-Earn (PAYE) system for income tax deductions

Employee Contributions

Employees in Gibraltar also have financial obligations within the payroll and tax system. Their contributions primarily consist of income tax and social insurance payments.

Income Tax

Gibraltar offers two systems for calculating income tax:

1. Gross Income Based System (GIBS): Taxes are calculated on the total gross income.
2. Allowance Based System (ABS): Taxes are calculated on income after deducting certain personal allowances.

Income tax is deducted directly from the employee's salary through the Pay-As-You-Earn (PAYE) system.

Social Insurance Contributions

Employees are required to contribute to the social insurance system. The current rate is 10% of gross earnings, subject to:

• A set weekly ceiling
• A minimum weekly contribution

These contributions are automatically withheld from the employee's paycheck.

Allowances and Deductions

Under the Allowance Based System (ABS), employees may be eligible for various personal allowances that can reduce their taxable income, including:

• Personal Allowance
• Marriage Allowance
• Child Allowance
• Blind Person's Allowance
• Dependent Relative Allowance

Additionally, employees may benefit from other deductions, such as:

• Contributions to approved pension schemes
• Donations to approved Gibraltar charities under the Gift Aid scheme

Understanding these contributions and deductions is crucial for both employers and employees in Gibraltar to ensure compliance with local regulations and to maximize financial benefits within the framework of the tax system.

Gibraltar offers a comprehensive set of employee benefits, combining mandatory provisions with optional perks that enhance the overall work experience. As an Employer of Record (EOR), Rivermate expertly manages these benefits, ensuring compliance with local regulations while allowing companies to provide attractive packages to their workforce. By handling the intricacies of benefit administration, an EOR enables businesses to focus on their core operations while maintaining a satisfied and productive team.

Mandatory Benefits

Gibraltar's employment laws mandate several benefits that provide essential protections and compensations for employees:

• Annual Leave: Employees receive a minimum of 20 paid days off per year, increasing to 25 days after eight years of service
• Sick Leave, Compassionate Leave, and Bereavement Leave: Employers must provide reasonable paid leave for these purposes
• Maternity Leave: At least 20 weeks of paid leave for pregnant employees
• Paternity Leave: 10 days of paid leave for new fathers
• Social Security Contributions: Both employers and employees contribute to a system that provides:
  • Injury Benefit
  • Maternity Allowance
  • Unemployment Benefit
  • Death Grant
• Employee Registration: Employers must register workers with the Employment Service and Income Tax Office

Optional Benefits

To attract and retain top talent, many employers in Gibraltar offer additional benefits beyond the mandatory requirements:

• Health and Wellness:

  • Private health insurance plans
  • Gym memberships or on-site fitness facilities
  • Subsidized fitness classes

• Financial Security:

  • Company pension plans
  • Profit-sharing schemes
  • Performance-based bonuses

• Work-Life Balance:

  • Flexible work hours
  • Remote work options
  • Compressed workweeks
  • Additional paid vacation days
  • Subsidized childcare or on-site daycare facilities

• Professional Development:

  • Tuition reimbursement
  • Sponsored professional development courses

• Other Perks:

  • Life insurance coverage
  • Employee discounts with local businesses
  • Company-sponsored social events

By leveraging an EOR like Rivermate, businesses can easily navigate the complexities of both mandatory and optional benefits in Gibraltar. This approach ensures legal compliance while offering competitive packages that help attract and retain valuable employees in this dynamic market.

Gibraltar's employment laws provide a structured framework for termination and offboarding processes, ensuring fairness and clarity for both employers and employees.

The Employment Act outlines several valid reasons for termination, including mutual agreement, redundancy, lack of capability, serious misconduct, statutory restrictions, and other substantial reasons. This comprehensive list covers most scenarios that may lead to employment termination.

Notice Requirements

Notice periods in Gibraltar are tiered based on the employee's length of service:

• Up to 1 year: 1 week
• 1-2 years: 2 weeks
• 2-5 years: 4 weeks
• 5-10 years: 6 weeks
• 10-15 years: 8 weeks
• 15+ years: 12 weeks

Employers have the option to provide pay in lieu of notice, offering flexibility in managing the termination process.

Severance Pay for Redundancies

In redundancy cases, employees with at least two years of continuous service are entitled to severance pay. The calculation considers both length of service and age:

• Under 41 years: 1/2 week's pay per full year of service
• 41-61 years: 1 week's pay per full year of service
• 61 years or older: 1.5 weeks' pay per full year of service

Key Considerations

When terminating employment, employers must:

1. Follow fair procedures
2. Provide written reasons for termination
3. Allow employees to respond

For fixed-term contracts, early termination is possible if specified in the contract. Employees may claim constructive dismissal if the employer significantly breaches the employment contract terms.

Given the complexity of employment law, it's advisable to consult with a legal professional specializing in Gibraltar employment law for specific guidance tailored to individual cases.

Gibraltar, a British Overseas Territory located at the southern tip of the Iberian Peninsula, has unique visa and work permit requirements for foreign workers. These regulations are designed to balance the need for skilled labor with the protection of local employment opportunities.

Visa Requirements

Foreign nationals from most countries require a visa to enter Gibraltar. However, citizens of the European Union (EU), European Economic Area (EEA), and Switzerland can enter and work in Gibraltar without a visa for up to 90 days. For longer stays or employment purposes, they must apply for residency.

Non-EU/EEA nationals typically need to obtain a visa before traveling to Gibraltar. The type of visa required depends on the purpose and duration of the stay.

Work Permit Process

To work in Gibraltar, most foreign nationals need to obtain a work permit. The process generally involves the following steps:

1. Job offer: Secure a job offer from a Gibraltar-based employer.

2. Employer application: The employer must apply for a work permit on behalf of the foreign worker.

3. Labor market test: The employer must demonstrate that no suitable local candidates are available for the position.

4. Documentation: Submit required documents, including qualifications, passport copies, and proof of accommodation.

5. Approval: The Department of Employment reviews the application and issues the work permit if approved.

Key Considerations

• Skilled workers: Gibraltar prioritizes work permits for highly skilled professionals in sectors such as finance, gaming, and technology.

• Time-limited permits: Work permits are typically issued for a specific period and may be renewable.

• Dependents: Family members may be eligible for dependent visas, allowing them to join the primary work permit holder.

• Self-employment: Different rules apply for self-employed individuals or those starting a business in Gibraltar.

It's important to note that immigration policies can change, and specific requirements may vary based on individual circumstances. Prospective foreign workers should consult the Gibraltar Government's official resources or seek professional advice for the most up-to-date and personalized information.