New regulations set out rights for cross frontier workers

New regulations providing a framework for cross frontier workers in Gibraltar have come into effect, setting out the right to equal treatment as Gibraltarians.

The TGEU Implementation (Frontier Workers) Regulations 2026 were made following the Treaty on Gibraltar and the European Union Act 2026 and implement provisions relating to cross frontier workers under the UK/EU Agreement.

The regulations outline that Spanish citizens will have a right to pursue employment in Gibraltar as cross frontier workers under the same law appliable to Gibraltarians.

The rules also establish rights for certain family members of frontier workers, regardless of their nationality, provided they legally reside in Spain.

Under the regulations, employed frontier workers will have the right to take up and pursue employment in Gibraltar in accordance with domestic law applicable to UK nationals in Gibraltar.

They will also have rights to enter, stay and leave Gibraltar in order to register with employment services and seek suitable employment, including assistance from employment offices under the same conditions as UK nationals.

The regulations provide for equal treatment between employed frontier workers and employed UK nationals legally residing in Gibraltar.

This includes protection against discrimination on grounds of nationality in relation to employment, remuneration and other conditions of work and employment.

Frontier workers will also have equal treatment in areas including remuneration, dismissal, reinstatement and re-employment following unemployment.

The regulations cover social and tax advantages, except rights to housing.

It also sets out equal treatment for membership of trade unions and associated rights, as well as access to vocational training and retraining.

Self-employed frontier workers are also entitled to the relevant equal-treatment rights.

There is an exception for employment in the public service where the role involves direct or indirect participation in the exercise of powers conferred by public law or duties designed to safeguard the general interests of Gibraltar or other public authorities.

The regulations also set out circumstances in which frontier worker status can be retained.

These include temporary inability to work because of illness or accident, certain periods of involuntary unemployment where the person has registered as a job-seeker with the Department of Employment, and participation in vocational training.

A person who becomes involuntarily unemployed after a fixed-term contract of less than one year, or during the first 12 months of employment, can retain frontier worker status for a maximum of six months.

Family members of frontier workers will have derivative rights to equal treatment in access to social and tax advantages.

Children of frontier workers who reside in Gibraltar will also have equal access to general
educational, apprenticeship and vocational training courses with the children of employed United Kingdom nationals legally residing in Gibraltar.

The regulations introduce a certificate of status for frontier workers.

The Director of Employment will issue the certificate following a valid application, which must be submitted online through the relevant pages of egov.gi and accompanied by a valid identity document and evidence that the applicant is a frontier worker.

Applicants whose submissions are incomplete or do not include the required evidence must be given an opportunity to remedy the deficiencies before an application is rejected as invalid.

A certificate may be issued electronically and will provide proof of frontier worker status on
the date of issue.

Certificates will be valid for one year and must be renewed in accordance with the same application requirements.

The Director of Employment may refuse to renew or revoke a certificate where its holder is subject to a restriction measure or ceases to be, or never was, a frontier worker.

The regulations also establish protections for certain posted workers.

Union citizens living in Spain who are employed by an employer normally carrying out its activities in Spain and are posted to Gibraltar for a limited period to supply services that are both locally produced and consumed in the contiguous frontier zone will have rights to enter, leave and stay in Gibraltar without hindrance necessary for the supply of those services.

They will also be entitled to equality of treatment in relation to specified Gibraltar employment terms and conditions.

These include maximum working periods and minimum rest periods, minimum paid annual leave, remuneration and overtime rates, health, safety and hygiene at work, protections for pregnant women and young people, equality and non-discrimination, and certain travel, board
and lodging expenses.

The regulations allow rights under the new framework to be restricted on grounds of public policy, public security or public health.

Any restriction on public policy or public security grounds must be proportionate and based exclusively on the personal conduct of the person concerned where that conduct represents a genuine and present risk.

Previous criminal convictions alone cannot constitute grounds for such a restriction.

People subject to restriction measures must be informed in writing of the measure, the reasons for it, their right to appeal to the Supreme Court and the relevant time limits.

An appeal may be brought against a restriction measure, subject to the leave of the Supreme Court, within 28 days of notification.

The Supreme Court may examine the legality, factual basis and proportionality of the measure and may either dismiss the appeal or quash the measure and remit it to the competent authority for reconsideration.

The regulations came into effect on the date of publication in the Gibraltar Gazette on August
13.