Working it in Gibraltar

Does anyone out there know for sure what Gib's position is according to European Directives on employment?

Over the past couple of years, I have discovered that Gib's former administration has been notoriously slow on applying European directives on matters relating to the working classes, especially if that has involved making sure that ordinary people could exercise their rights.  Take the example of the citizenship rights for Moroccan workers.  This is still a scandal based on the denial of rights, and which may or may not be addressed by the new government.

Just on Friday, I was scandalised yet again, by what I interpret to be utterly archaic working practises - the sort you expect emerging from a leisurely read of a Dickensian novel.  Not only does the current Gibraltar law entitle workers to only 15 days paid leave per year (the EU directive 93/104, which is cited on said amended piece of legislation, states four weeks' annual paid leave and to most people that would mean 20 days per year statutory minimum) but it can be interpreted in such a way as to require people to work a full year before being entitled to any time off at all. Like I said, archaic.

Las costureras

How does this work in practise?  Well, say you got a job in a Main Street shop and started work on 1st September 2011 and had to wait a year to be eligible for your leave.  Your employer could tell you that you cannot have any leave prior to 2012 at all.  Some employers could make you wait until 1st September 2012 to start your leave, but let's assume that your employer is reasonable and allows you to take your retrospective entitlement of a third of a year's leave that you have accrued at the start of the new leave year in January 2012.  That means that you can have a super summer holiday of a grand total of 5 days.

Of course, the more elucidated of us know full well that staff are more productive and loyal if they also have reasonable rest breaks, and they can balance their personal and professional lives much better with adequate leave - hence the European Directive.  But the former Gibraltar government saw fit not to allow Gibraltarians the same rights as the rest of Europe.  Somehow, as a tax paying citizen of Gibraltar, although I work for a good employer and have my 20 days annual leave, I feel cheated on behalf of my fellow-citizens.  And let's be totally clear, while I'm not particularly partisan towards one or other party, it was the GSD that was in power when the Directive had to be imposed in 2000.

Now, I know - although only on a very basic level - that Gib is not fully in the "EC Club".  It has followed the UK in many matters, however, and has its own customs and tax arrangements, hence the painfully irritating border  "controls" we have to negotiate whenever we want to take a day trip to the beautiful Andalucian countryside that surrounds us.  But as a member of the broader EU, Gib surely has to follow EU Directives on a wide number of issues, such as environmental protection issues, and this should include employment law.

Or so I thought.  Perhaps I am mistaken and there are those of you out there who can enlighten me on it?  Either way, as someone said quite recently in Gib - "it's time for a change".