Understand the laws governing work hours and overtime in Gibraltar
In Gibraltar, the regulation of working hours is governed by the Working Time Act, 1999. The Act stipulates a maximum average working time of 48 hours per week, calculated over a 17-week reference period. This implies that employers are not allowed to schedule employees for an average exceeding 48 hours across those 17 weeks.
There are exceptions to this rule. For instance, employees can agree with their employers in writing to opt out of the 48-hour limit. However, employers must comply with specific requirements outlined in the Act. Additionally, workers aged between 15 to 18 have a stricter limit of no more than 40 hours per week.
In Gibraltar, the Working Time Act, 1999, provides the framework for overtime work. Overtime is generally defined as any work performed beyond the standard working hours defined in your employment contract or established by collective agreements.
The Act does not mandate a specific overtime pay rate. However, it emphasizes that overtime must be compensated at a higher rate than regular pay. The specific rate for overtime is usually established in your employment contract or through collective bargaining agreements with your employer or a union. In the absence of a pre-determined rate, negotiations between the employee and employer become crucial.
Some sectors might have specific regulations regarding overtime pay outlined in "particular conditions of employment orders" issued under the Employment Act, 1932. These orders might set minimum overtime rates for certain industries.
Workers in Gibraltar are ensured designated rest periods and breaks throughout their workday under the country's legal framework.
While there's no specific legislation mandating a set break duration, Gibraltar follows generally accepted break time practices. Employees are generally entitled to a 30-minute break after working for more than 6 hours continuously.
Employers have a responsibility to ensure employees can avail themselves of these breaks without facing repercussions or unreasonable workload pressure.
The Working Time Act, 1999, doesn't explicitly mention rest periods within the workday. However, regulations regarding breaks indirectly imply short rest periods throughout the working day. The concept of a workday exceeding 6 hours before a break suggests shorter rest intervals might be incorporated within those 6 hours.
Collective bargaining agreements between a worker's union and the employer might establish more specific break provisions. Certain sectors or workplaces might have internal policies outlining break schedules and durations.
If unsure about break entitlements, consult your employment contract or directly enquire with your employer. Gibraltar's Department for Employment and Training can offer further guidance on workplace regulations and employee rights.
In Gibraltar, the Working Time Act, 1999, sets out specific regulations for night shifts and weekend work.
For night shift work, the Act provides the following protections:
As for weekend work, the Act doesn't have specific regulations solely for it. However, the general limitations on working hours (48 hours on average over 17 weeks) still apply. This means employers cannot schedule excessive working hours during weekends that push the average beyond 48 hours within the reference period.
Collective bargaining agreements between a worker's union and the employer might establish specific regulations regarding night shift work schedules, weekend work patterns, or compensation for such work. These agreements can provide additional rights and protections for night and weekend workers.
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