Written Terms of Employment - Employment (Jersey) Law 2003
WRITTEN STATEMENT OF EMPLOYMENT PARTICULARS
This statement sets out, in accordance with the Part 2, Articles 3 to 9 of the Employment (Jersey) Law 2003, particulars of the main terms and conditions of employment. Employers should complete each section. notes are provided at the end of the model terms describing the requirements of the Law.
1. Name and address of employer:
2. Name and address of employee:
3.1 Starting date of employment:
3.2 Date on which continuous employment began (see note 1):
4. Job title:
5. Pay details: Current rate of pay/overtime rates/shift pay/p ay day/pay frequency/method of payment:
6. Normal Hours of Work/Overtime conditions (if any):
7. Notice Periods
(a) Period of notice of termination (to be given by Employee) (see note 2 ):
(b) Period of notice of termination (to be given by Employer) (see note 2):
(c) Temporary or fixed term employment (if applicable, state which of the following applies): *Period of employment expected/ *date fixed term employment will end/ *task or project that, once completed, will terminate the employment/*other specific event that will terminate the employment.(* insert the details as appropriate)
8. Place or places of work:
9. Any collective agreement directly affecting the terms and conditions of employment, including the persons who made the collective agreement:
10. Holiday Entitlement
(a) Annual holiday - detail the : entitlement per annum, including commencement of holiday year; holiday pay; entitlement to accrued holiday on termination; method of calculating entitlement (see notes 3 and 4):
(b)Public Holiday entitlement/pay (see notes 3 and 4):
11. Sickness or injury terms (including pay - see notes 4 and 6):
12. Maternity leave (In accordance with current legislation)
13. Redundancy terms (In accordance with current legislation) (see notes 4 and 6):
14. Disciplinary & grievance procedures (see notes 4 and 6):
15. Pension terms (see notes 4, 5 and 6):
16. Health and Safety: (Whilst there is not a requirement under the Employment (Jersey ) Law 2003, for a written Health and Safety document - this is required for business with 5 or more employees under the (Health and Safety at Work (Jersey) Law 1989 Article (3) (3).
17. Other Special Employment Conditions (if any):
18. Other Documents giving detailed Conditions of Employment (if any):
19. Details of any requirement to work outside Jersey for a continuous period of more than 4 weeks, to include the actual period, the currency for pay purposes, any additional remuneration or benefits and any terms and conditions that relate to his/her return to Jersey.
Employer's Signature Date
Employee's Signature Date
(I acknowledge receipt of a copy of this statement)
Notes in relation to a Written Statement of Employment Particulars
A Written Statement of Employment Particulars must be signed by the employer and given to the employee within 4 weeks of the commencement of work if the employee will be working for 8 hours a week or more. Even if the employment ends before 4 weeks is completed, written terms must still be provided.
If an employee is due to work outside the Island for more than 4 weeks, written terms must be provided before he/she leaves the Island to start work.
If an employer wishes to change the terms of employment, the employer must notify the employee in writing of the changes not later than 4 weeks after the change.
The employer must notify the employee immediately in writing if the name or identity of the employer is changed.
All employees are entitled to itemized pay slips, paid holidays and, if above compulsory school age, to the minimum wage, irrespective of the number of hours worked per week (i.e. there is no 8 hours minimum).
Please see JACS Guidelines for more detailed information on the Law.
Note 1: Two or more fixed term contracts with the same employer, separated by a period of not more than 26 weeks, will count as continuous employment (the break in between is not counted). If a business is transferred to another employer or if the same employer offers a new contract of employment, the date on which employment began is the original date of employment, not the date of transfer or the date on which new terms were offered.
Note 2: The Law sets out minimum statutory notice periods from both employer and employee that increase with length of service. A longer period than the statutory minimum may be specified. The written terms may detail the notice periods or may refer to the Law or to some other document that the employee has reasonable opportunity of reading in the course of his/her employment in respect of such particulars.
Note 3: Irrespective of the number of hours worked per week (i.e. there is no 8 hours minimum), an employee is entitled to receive a minimum annual paid holiday entitlement equivalent to 2 of their working weeks plus paid Public and Bank Holidays that fall on normal working days, or equivalent paid time off in lieu if required to work on such Public and Bank Holidays.
Note 4: The written terms may refer the employee to some other document that the employee has reasonable opportunity of reading in the course of his/her employment in respect of these particulars.
Note 5: If the pension scheme details are provided by another body or authority, then this is acceptable.
Note 6: Employers are not required by law to make provision for Company sick pay, pension terms, but the employer must advise the employee in writing whether or not such matters are provided for. Similarly, there is no legal requirement to provide for disciplinary or grievance procedures, although the Employment Tribunal, in considering any claim brought before it, will expect such provisions to have been made available in order to ensure that a fair process was applied. With effect from 1st January 2011 statutory minimum redundancy payments have been required for redundant employees with a minimum of 2 years' continuous service. See JACS' guidance note no. 11