18th November 2020, 16:39
Frontier workers living in Spain and working in Gibraltar registered on the Rock by the end of the year will continue to enjoy the current EU workers’ rights, post-Brexit.
The Spanish Foreign Ministry says this is as a result of a deal reached between Gibraltar, the UK and Spain on how aspects of the Withdrawal Agreement can be applied to protect Cross Frontier Workers' rights.
However, in a statement on Wednesday, the Gibraltar Government clarified that there had be no new agreement, and that the latest Technical Notice on frontier workers gives effect to pre-existing EU rights as provided in the Withdrawal Agreement.
The Technical Notice, published by the Government, provides guidance for EU, EEA and Swiss frontier workers only. The Withdrawal Agreement itself also sets out reciprocal rights of British Citizens, including Gibraltarians, who work in Spain, although these are in a clear minority.
The new guidance notes make clear that only those registered as frontier workers by the 31 December 2020 will be able to exercise rights under the Withdrawal Agreement.
It covers EU, European Economic Area or Swiss frontier workers who live in Spain but work in Gibraltar.
The Government says qualifying frontier workers will continue to have the same EU law- based workers’ rights they currently enjoy, beyond the 31st December. These also include those who may have become involuntarily unemployed in the last year, or who are unable to work due to illness or vocational training.
It says it already has a list of all frontier workers and will be launching an online platform on the 1st December called frontierworkers.egov.gi to allow details to be checked and verified.
Frontier workers should ensure they’re registered locally with the Department of Employment and the Income Tax Office by the end of the year.
The information will be shared to all relevant Government departments and agencies such as Borders and Coastguard, Income Tax, Social Security and the GHA.
Anyone working in Spain is also urged to ensure they are registered with the relevant Spanish Authorities so they too can continue to exercise their EU rights.
You can find the full Technical Notice here.