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Employer of Record Gibraltar

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Employer of Record Gibraltar

All tax, employment, compliance, and payroll duties are managed by the Employer of Record. The Employer of Record in Gibraltar is a worker’s legitimate employer.

Currency

Great British Pound (GBP)

Population

33,000

Capital City

Gibraltar

Minimum Wage

GBP 8.90 per hour

Local Language

English

Working Hours

40 hours per week

In Gibraltar, the Employer of Record handles the full employment life cycle and serves as your employees’ legal employer. This entails managing all legal paperwork, including payroll, taxes, required benefits, employment contracts, and making sure Gibraltar labor regulations are followed.

How does an Employer of Record Gibraltar work?

Agility

We manage payroll, taxes, benefits, and human resources, and other legal elements of recruiting employees.

Company

Concentrates on the main business operations. oversees the work and output of employees.

Employee

Carries out the work as allocated, just like any other employee.

What is the Payment Frequency in Gibraltar

Payroll frequency in Gibraltar is monthly.

 

What are the Employee Contributions in Gibraltar – 16% to 49%

  • Income tax: 6% – 39%
  • Social Insurance: 10%

 

What are the Employer Contributions in Gibraltar – 18%

Employer social security contributions: A flat rate of 18%.

 

What is the usual Probation Period in Gibraltar

The maximum probationary period is 12 months. In Gibraltar, most employees have a probation period ranging from 3 to 6 months, during which they can be terminated with a notice period of one week.

 

Gibraltar Employment Law

  • Written Employment Contract
  • Protection from Harassment and Victimization
  • Unfair Dismissal Protection
  • Payslip Requirement
  • Data Protection (GDPR Compliance)
  • Anti-Discrimination (Equality Act)
  • Health & Safety Regulations
  • Whistleblower Protections
  • Equal Treatment for Employees
  • Trade Unions
  • TUPE (Transfer of Undertakings Protection)

 

How do you Terminate an Employee in Gibraltar

Terminating an employee in Gibraltar requires a justifiable reason, such as poor performance, misconduct, redundancy, or legal considerations, and must be done in a fair and transparent manner. Employers are obligated to act equitably and provide employees the opportunity to address any complaints before dismissal. Redundancy processes must adhere to Gibraltar’s employment legislation.

Serious misconduct, particularly violent or abusive behavior, is considered gross misconduct and can result in instant termination without warning.

Severance pay is only available to employees with more than one years of service who are made redundant. Other sorts of termination do not necessitate severance pay.

Employee Benefits

Statutory Benefits

The Private Sector Pensions Act 2019, mandates that employers must provide workplace pension schemes to their employees. The implementation is being phased in gradually, starting with larger employers in 2022 and moving towards smaller businesses. By July 2027, all employers will be required to offer pension plans.

Common Additional Benefits

  • Employee discounts
  • Life insurance
  • Remote work
  • Private health insurance
  • Performance bonuses
  • Additional paid leave
  • Gym memberships
  • Childcare help
  • Flexible work hours
  • Professional development opportunities

Statutory Leave

Vacation – 20 days plus public holidays
Sick leave – Employees with at least 3 months service are entitled to two weeks of full pay, and four weeks of half pay
Parental Leave – Working parents are entitled to take up to 18 weeks of unpaid parental leave per child under the age of 18.
Maternity leave – 14 weeks. This leave can be taken from up to 6 weeks before the expected date of childbirth, and the remaining period can be taken after the birth.
Paternity Leave – 2 weeks

FAQ

There are various ways to employ people in the Gibraltar, each with differing levels of costs and compliance:

Employee is employed by you and paid by you from your overseas Company

  • Pros: It appears to be the simplest and least expensive option.
  • Cons: The employee is unable to make the legally mandated social security contributions and is subject to Gibraltar’s employment laws.

 

Entity Set-up

  • Pros: If you have a large workforce, usually more than 15 employees, this can be the most cost-effective option.
  • Cons: For smaller enterprises in particular, establishing a formal company structure and maintaining strict compliance with employment and tax laws in Gibraltar can be costly and time-consuming. Businesses with fewer than 15 employees usually find this method to be unfeasible.

 

Using an Employer of Record
  • Pros: The most efficient way to manage payroll, human resources, and compliance activities in Gibraltar is to use an Employer of Record service. This is especially true for teams of less than 15 people when it comes to building employer-employee connections.
  • Cons: Expensive when recruiting a lot of staff. It can be challenging to decide which Employer of Record supplier to use.

 

Hire a contractor in Gibraltar
  • Pros: This strategy is effective when the employee is not under contract with your company because it allows you to designate a substitute for them during their vacation days.
  • Cons:It is against the law in Gibraltar to hire a full-time worker who is solely dedicated to your company without the proper employment classification. Penalties or even criminal charges could follow from such misclassification.

Yes, as long as the worker has other employment, is free to decide how to finish duties, and can select an other contractor in case they are unavailable. In Gibraltar, an employee is a person who only works for your business and whose duties are determined by it.

An employee who is misclassified in Gibraltar may face severe fines, missed holiday pay and social security contributions. For the end employer, authorities may demand the need to establish a local presence, or even take legal action for violating the employees rights at work.

In Gibraltar, establishing an entity is a difficult and drawn-out procedure. Establishing a local bank account, registering a company, acquiring a business license, and making sure Gibraltar’s employment and tax regulations are followed are all necessary. Companies also have to deal with social security contributions, corporate tax duties, and stringent regulations.

It can be expensive and resource-intensive to maintain a corporation because it requires continuous payroll management, HR compliance, and legal filings. Businesses that lack local knowledge run a serious danger of fines, operating difficulties, and other consequences.

In Gibraltar, maintaining payroll and HR compliance is crucial to avoiding fines, legal repercussions, and harm to reputation. Strict employment rules that cover contracts, taxes, social security, sick pay, and termination processes must be followed by businesses.

Errors in payroll or labor classification may lead to serious financial repercussions and maybe legal action. Maintaining compliance necessitates administrative supervision, ongoing regulatory updates, and local knowledge. All of which can be difficult and time-consuming.

Agility EOR is responsible for calculating, filing, and remitting all required employee taxes and social insurance contributions in Gibraltar. This includes income tax deductions, employer and employee social security contributions, and any other statutory payments.

We ensure that all obligations are met accurately and on time, reducing compliance risks and administrative burden for your business. You simply approve payroll invoices, while we manage the complexities of tax and social security compliance.

Agility EOR handles the administrative burden of HR compliance for you:

Trusted Partners: To guarantee that all employment contracts, payroll procedures, and compliance obligations comply with Gibraltar’s labor regulations, Agility EOR collaborates with only the best regional legal and human resources specialists.

Extensive Knowledge: We keep up to date of tax requirements, employee rights, and regulatory changes to make sure your company stays compliant and stays out of trouble.

Quick Action: Fast onboarding and, in the event of a query or concern, our staff offers prompt assistance and direction, assisting you in resolving compliance issues effectively and with the least amount of operational impact.

Your business still has essential responsibilities even though Agility EOR manages employment contracts, payroll, taxes, and compliance. You still have authority over the daily responsibilities, output, and career advancement of your staff. In addition, you have to observe internal standards, make sure the workplace is safe, and promptly approve payroll invoices.

You will need to contribute and provide your consent if disciplinary action or termination is necessary.

Although using an EOR lowers administrative and legal risk, you are still ultimately responsible for maintaining strong leadership and corporate management.

Although Gibraltar’s tax system is business-friendly, compliance is crucial. Companies are required to pay import taxes on commodities, social security contributions (18% employer, 10% employee).

Workers are subject to either the Gross Income Based System (capped at 25%) or the Allowance Based System (up to 39%). Notably, there is no inheritance tax, capital gains tax, or VAT.

Yes, workers in Gibraltar who are employed by an Employer of Record (EOR) are entitled to the same legal rights and benefits as those who are hired directly. This covers paid time off, sick pay, social security contributions, and employment law protections.

Employees obtain perks and protections mandated by law since the EOR guarantees adherence to local labor laws.

Wondering if expanding in Gibraltar is right for you?

Continue reading on or speak to a member of our team now!

Gibraltar Employer of Record Benefits

When you choose Agility EOR to expand in Gibraltar, we guarantee an EOR Service tailored to the needs of your business.

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Compliance

We are on top of regulatory changes in Gibraltar so you can relax.

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Cost reduction

Allow our economies of scale to work in your favour.

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High Service Levels

You and your employees have a dedicated account manager.

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Fixed Cost Pricing

We will agree our professional fees up front based on your needs – no nasty surprises!

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Consolidated Invoicing & Payments

Make one monthly payment to cover all your tax, social and wages costs from one to one thousand employees.

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Fast delivery

You can have 'boots on the ground' within days on our infrastructure.

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Reduced Risk

All wage taxes are remitted in full to the Gibraltar authorities by professionals ensuring liabilities are met, giving you peace of mind.

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Supply Chain Transparency

We only pay employees through local full employed solutions meaning Gibraltar payroll tax is paid on all funds.

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Save Time and Money

Our expertise is at your disposal. The need for you to have internal HR, Payroll and admin staff is eliminated.

Download our full Gibraltar Employment Guide

Find out all about employing in Gibraltar

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