Guidelines 1 to 9 are intended to explain to employers and employees the principal requirements of the Law. They are not intended to cover all the requirements of the Law, nor do they represent a statement of the Law. Any reference to male persons in the guidelines should be read as including, or being, female persons where this is appropriate.
Introduction
The States of Jersey approved the EMPLOYMENT (JERSEY LAW 2003 on 8th July 2003. The Law came into force on 1st July 2005.
The law provides for the following major elements:
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Written Statement of Employment Particulars
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Minimum Rest Periods
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Annual Leave
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Minimum Wage
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Payment of Wages
(including itemised pay statements)
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Termination of Employment
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Unfair Dismissal
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Tribunal
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The Industrial Disputes (Jersey Law 1956 (and 1959 amendment).
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The Payment of Wages (Jersey Law 1962 (and 1977, 1982 and 1988 amendments).
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The Termination of Employment – Minimum Periods of Notice (Jersey Law 1974
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The Terms of Employment (Jersey Regulations 2004
Copies of the Law and of Regulations may be purchased during normal office hours from the States’ Greffe Bookshop, Morier House, Halkett Place, St. Helier, telephone (01534) 502037.
Conditions and definitions
Contracting out (Part 8 Article 79)
1. Any provision in a contract or relevant agreement is void in so far as it attempts to exclude or limit any provision of the law or to prevent a person from bringing proceedings to the Tribunal.
2. It is permitted, however, to reach agreement not to take matters to the Tribunal where conciliation, under the Jersey Advisory & Conciliation Service (JACS) Law, is taking or has taken place or if the conditions regulating compromise agreements are satisfied.
3. Conditions regulating compromise agreements are that:
a) the agreement must relate to the particular proceedings.
b) the employee must have received advice from a relevant independent adviser (e.g. a lawyer entitled to practise under Jersey Law; a trade union officer or member authorized by the union to do so; an advice centre worker authorized by the centre to do so; a person specified in an Order made by Employment & Social Security Committee).
c) the adviser must be appropriately insured or indemnified.
d) the agreement is in writing and the adviser is identified within it.
e) the agreement must confirm that the above conditions are satisfied.
Definition of an "employer" an "employee"
4. An "employer" means a person who employs another person and an "employee" means:
a) a person who is employed by another person, if the first person works for the second person under a contract of service or apprenticeship with the second person, or
b) subject to Article 36 (which deals with home workers), a person is also employed by another person if the first person enters into any other contract with the second person under which the first person undertakes to do, or perform personally, work or services for the second person and the status of the second person is not that of a client or customer of any profession or trade or business undertaking carried on by the first person.
It is immaterial whether the contract referred to in a) or b) above is express or implied or whether it is oral or in writing.
Note: ’Employee’ is defined so as to ensure that the law only affects genuine employees i.e. people under a contract of service. Independent contractors or people under a contract for services, where they work for themselves, are not covered by this law.’
Agency Workers
5. In respect of an "agency worker"(an individual supplied by a person, "the agent", to do work for another "the principal"), the provisions of the Law have effect as if there were a contract of employment for this work between the agency worker and
a) whichever of the agent and the principal is directly responsible for paying the agency worker in respect of the work; or
b) If either the agent nor the principal is so responsible, whichever of them pays the agency worker in respect of the work.
Further advice or information and copies of this and other guidance notes may be obtained from the Jersey Advisory and Conciliation Service in person or by telephoning (01534) 730503; fax (015434) 733942; email jacs@jacs.org.je
Copyright restrictions are waived on this document and it may be copied providing that the content is not altered in any way.
Djw/jacs/6 Ovtober 2008