His Majesty’s Government of Gibraltar has published the Employment (Trade Union Recognition) Regulations 2023 as an amendment to the Employment Act, complying with a manifesto commitment to legislate for trade union recognition in the private sector.
These Regulations provide the framework for the recognition by employers of trade unions for collective bargaining purposes and set out the statutory recognition procedure whereby a trade union may apply to the Director of Employment in the event that an employer refuses to grant recognition.
Minister for Industrial Relations, the Hon Steven Linares, said: ‘It is a pleasure to introduce this legislation, which is a new area of recognition for trade unions, after a process of detailed consultation the Chamber of Commerce, the Gibraltar Federation of Small Businesses and the relevant unions. I am proud that its introduction into law fulfils our manifesto commitment on the principle of trade union recognition, on the basis that most employers already accept that modern Trade Union practices are as advantageous to them as to employees.’
The Chief Minister, the Hon Fabian Picardo, said: ‘The introduction of these Regulations as an amendment to the existing Employment Act builds on the Constitutional recognition of the freedom of association and introduces the collective bargaining aspect, which is beneficial for both employers and employees in dispute resolution. The Regulations strike the right balance, provide a degree of flexibility and permit a level of engagement by the Government with the Unions and employer representative organisations to make changes in relation to the rules that will regulate their playing field through Regulation if it becomes necessary to do so in the future. I am also very pleased to see this manifesto commitment complied with and trust that it will serve to help both employees and employers.’