What is the Department of Employment registration process for new hires in Gibraltar?
Short answer
The employer registers the vacancy before recruiting, files a Notice of Terms of Engagement no later than the employee's start date, registers the employee for PAYE with the Income Tax Office, and files a Termination of Employment form within 7 days when employment ends. Missing a registration carries a £3,000 fixed penalty.
Detailed answer
- Register the business with the Department of Employment.
- Register the vacancy before seeking to fill it.
- File a Notice of Terms of Engagement no later than the start date (still known as ETB forms). Changes need a Notice of Variation.
- Register the employee for PAYE with the Income Tax Office using the registered contract and ID.
- Issue wage slips with every payment and file the annual notification.
- On termination, file a Termination of Employment form within 7 days and pay all remuneration due.
Notice periods (employer, weekly or fortnightly paid)
- Under 2 years: 1 week
- 2 to 5 years: 2 weeks
- 5 to 8 years: 4 weeks
- 8 to 10 years: 8 weeks
- 10 years or more: 13 weeks
The first week of employment can be ended without notice. Monthly paid staff receive at least one month.
Penalties
£3,000 for failing to register a vacancy or new employee; £750 for failing to notify a termination.