This guide provides essential information about the legal status of cross-border workers following the end of the transitional period on December 31, 2020. During this period, the UK maintained EU regulations.
Situation Post-Brexit
1. Cross-Border Workers Benefiting from the Withdrawal Agreement
This category includes individuals with Spanish or EU nationality residing in Spain who meet one of the following conditions:
- They had a valid employment contract in Gibraltar on December 31, 2020.
- They are self-employed with a business established in Gibraltar as of that date.
- They worked in Gibraltar but did not have a valid contract on December 31, 2020, and are:
- Registered as job seekers in Gibraltar.
- Temporarily incapacitated due to illness or accident.
- On maternity leave or experiencing high-risk pregnancy.
- Undergoing vocational training in Spain.
From January 1, 2021, these individuals can verify their cross-border worker status via the official Gibraltar government website. If the response indicates they are not recognized as such but believe they qualify, they must appeal to the Gibraltar authorities. If recognized, they can request a confirmation letter from Gibraltar’s Employment Department, although it is not mandatory.
These workers enjoy specific rights guaranteed by the Withdrawal Agreement:
- Freedom to enter and exit Gibraltar using an ID or passport for work.
- Equal treatment regarding salaries and working conditions compared to British citizens in Gibraltar.
- Access to social security benefits, pensions, and healthcare in Gibraltar.
- Fiscal benefits as per Gibraltar’s legislation.
2. Cross-Border Workers Not Benefiting from the Withdrawal Agreement
This category pertains to individuals not covered in the first group, specifically those who began working in Gibraltar after January 1, 2021.
Since the Trade and Cooperation Agreement between the EU and the UK does not apply to Gibraltar, their relationship will be governed by a specific agreement between the EU and the UK. This agreement, established between Spain and the UK, provides protection comparable to that in the EU Withdrawal Agreement, ensuring equal treatment in employment, remuneration, and working conditions.
Key elements include:
- A broad definition of both employed and self-employed cross-border workers.
- Preferred access to the labor market.
- The ability for either employers or workers to initiate the application process.
- No restrictions based on occupation, allowing workers to change employers.
This framework aims to facilitate a smooth transition for cross-border workers and ensure their rights are protected in the post-Brexit landscape. For further details, you can refer to the official sources regarding cross-border workers in Gibraltar.
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