Jersey Law 5/1988
PROTECTION OF EMPLOYMENT OPPORTUNITIES (JERSEY) LAW, 1988.
____________
A LAW to
protect opportunities for the taking of employment by persons having a
connexion with the Island, sanctioned by Order of Her Majesty in Council of the
17th day of FEBRUARY, 1988.
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(Registered on the 8th day of April, 1988.)
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STATES OF JERSEY.
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The 19th day of
August, 1986.
____________
THE
STATES, subject to the sanction of Her Majesty in Council, have adopted the
following Law –
ARTICLE
1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“Committee”
means such Committee as the States shall designate under Article 10 of this
Law;
“employment”
means –
(a) employment
under a contract of service;
(b) employment
under an apprenticeship agreement;
(c) self-employment;
in any trade, profession or industry;
“exempted
person” means any person who, being a person to whom the proviso to
paragraph (1) of Article 3 of this Law applies, has completed the formalities
required by paragraph (2) of that Article;
“prescribed
employment” means employment of any category prescribed under Article 3
of this Law;
“school leaving
age” means the upper limit of the compulsory school age by virtue of
Article 20 of the “Loi (1912) sur l’Instruction Primaire”, as
amended.
(2) For
the purposes of this Law a person shall be deemed to take employment in the
Island where, although there is no change of employer, there is a change from
employment which is carried out outside the Island to employment which is
carried out in the Island.
(3) For
the purposes of this Law a person does not take employment where a change of
employer results from –
(a) the
sale of the business of the employer; or
(b) the
reconstruction or amalgamation of the company which is the employer.
ARTICLE
2
Application
This Law applies to the taking of prescribed employment which is
carried out in the Island.
ARTICLE
3
Power to prohibit the taking of prescribed employment without
consent
(1) The
States may by Regulations provide that no person shall take employment of any
category prescribed in the Regulations without the consent of the Committee:
Provided that no such Regulations shall in any case apply to
–
(a) a
person who –
(i) was
born in the Island; and
(ii) who
has attained school leaving age; and
(iii) has
been ordinarily resident in the Island for a period of at least ten years;
(b) a
person who –
(i) has
attained school leaving age; and
(ii) has
at the time of taking employment been ordinarily resident in the Island for a
period of at least ten years immediately preceding that taking of employment;
(c) a
person who wishes to take employment in –
(i) the
service of the Crown in right of the Government of the United Kingdom;
(ii) an
office to which he has been appointed by Her Majesty;
(iii) the
office of Secretary and Aide de Camp to the Lieutenant Governor;
(iv) an
office to which he has been appointed by the Bailiff;
(v) service
under an international organisation of which Her Majesty’s Government in
the United Kingdom is a member;
(d) a
person who qualifies to purchase, take on transfer or lease, on a registered
contract of lease, any land under paragraph (1) of Regulation 1 of the Housing
(General Provisions) (Jersey) Regulations, 1970, as
amended, or who qualifies to lease, other than on a
registered contract of lease, any land under those sub-paragraphs as applied by
paragraph (1A) of that Regulation;
(e) the
spouse of a person who falls within paragraph (a), (b), (c) or (d) of this
proviso.
(2) Any
person who seeks to show that he is an exempted person shall complete such form
as may be required from time to time by the Committee and shall deliver such
form, together with such particulars as may likewise be required, to the person
giving the employment, who shall, as soon as may be, forward the form and
particulars to the Committee.
(3) In
this Article, “land”, “lease” and “registered
contract” have the meanings assigned to those words in the Housing
(Jersey) Law, 1949, as amended.”
ARTICLE
4
Application for consent
An application for consent to take prescribed employment shall
–
(i) be
in the form required from time to time by the Committee;
(ii) contain
or be accompanied by such particulars as the Committee may require; and
(iii) be
accompanied by the fee (if any) prescribed by Order.
ARTICLE
5
General
(1) The
Committee may grant consent to take prescribed employment either
unconditionally or subject to such conditions as it considers appropriate, or
may refuse to grant consent to take prescribed employment.
(2) In
considering whether to grant consent to take prescribed employment, to impose
conditions or to refuse consent, the Committee shall have particular regard to
the matters set out in Part I or Part II of the Schedule to this Law, as the
case may be.
(3) Where
the Committee refuses to grant consent to take prescribed employment it shall
furnish to the applicant a statement in writing of its reasons.
(4) The
applicant, or his prospective employer, aggrieved by the decision of the
Committee to refuse to grant consent to take prescribed employment or by any
condition imposed by the Committee, may appeal to the Royal Court within two
months of the date of the notification of the decision of the Committee in the
matter, on the ground that the decision of the Committee was unreasonable
having regard to all the circumstances of the case.
(5) A
consent to take prescribed employment shall –
(a) be
in such form as the Committee may prescribe by Order made under Article 11 of
this Law; and
(b) contain
particulars of the prescribed employment for which it is given and of any
conditions imposed by the Committee.
ARTICLE
6
Offences
(1) Any
person who, not being an exempted person, takes prescribed employment otherwise
than in accordance with the consent of the Committee shall be guilty of an
offence and shall be liable to a fine.
(2) Any
person who gives employment to a person, not being an exempted person,
otherwise than in accordance with the consent of the Committee to take that
employment or who does not deliver the form and particulars required by virtue
of paragraph (2) of Article 3 shall be guilty of an offence and shall be liable
to a fine.
(3) A
person commits an offence if for the purpose of procuring, whether for himself
or another person, the consent of the
Committee to take prescribed employment, he makes any statement
which he knows to be false.
(4) A
person commits an offence if, for the purpose of showing that he, or another
person, is an exempted person, he makes any statement or delivers any particulars
which he knows to be false.
(5) A
person commits an offence if he dishonestly represents himself to be an
exempted person.
(6) A
person commits an offence if he contravenes or fails to comply with any
condition imposed on him under Article 5 of this Law.
(7) Where
any condition imposed under Article 5 of this Law is contravened or not
complied with, the consent to take prescribed employment shall be of no effect.
(8) A
person who is guilty of an offence under paragraph (3), (4), (5) or (6) of this
Article shall be liable to a fine.
ARTICLE
7
Investigation
(1) A
person authorised in that behalf by the Committee may at all reasonable times
on production if so required of evidence of his authority, enter on any land or
premises and make such enquiries and require the production of such documents
as he thinks necessary in order to ensure that the provisions of this Law are
being complied with.
(2) A
person who obstructs or impedes any person so authorised in the execution of
his duties shall be guilty of an offence and shall be liable in respect of each
offence to a fine.
ARTICLE
8
Controller of Social Security to disclose information to Attorney
General
(1) Notwithstanding
anything in his oath of office or in any other enactment the person for the time
being appointed as Controller for the purpose of administering the Social
Security (Jersey) Law, 1974, as
amended, shall disclose such information as may be required
in accordance with paragraph (2) of this Article.
(2) Where
the Attorney General is satisfied that it is necessary for the purpose of
ascertaining whether the provisions of this Law or any Regulations made
thereunder are being or have been complied with he may give notice in writing
to the said Controller requiring the disclosure of information for that purpose
from records kept by the said Controller.
(3) Information
disclosed in accordance with paragraph (2) of this Article may be given in
evidence in any court.
ARTICLE
9
Saving provisions
(1) It
is hereby declared that nothing in this Law shall affect the right of a person
to continue in the employment in which he is engaged on the commencement of a
Regulation making that employment prescribed employment.
(2) The
requirements of this Law shall not apply to or affect a person who is subject
to any condition or restriction relating to employment imposed upon him under
or by virtue of the Immigration Act 1971 (1971 c.77) as extended to the Island.
(3) Nothing
in this Law shall affect the power of the States to transfer functions of
Committees under Article 29 of the States of Jersey Law, 1966, as amended.
ARTICLE
10
Regulations and Act designating Committee
(1) The
States may by Regulations –
(a) for
the purposes of Article 3 of this Law prescribe any category of employment
which a person may not take without the consent of the Committee;
(b) amend
sub-paragraphs (a), (b), (d) and (e) of the proviso to paragraph (1) of Article
3 of this Law;
(c) alter
the matters set out in Part I or Part II of the Schedule to this Law.
(2) The
States shall before making any Regulations under this Law by Act designate one
of its Committees as the Committee having functions under this Law.
(3) Once
a person has acquired immunity from the application to him of Regulations made
under Article 3 of this Law, his immunity shall not be affected by anything in
Regulations made under this Article.
ARTICLE
11
Orders
(1) The
Committee may make Orders generally for carrying this Law into effect and, in
particular but without prejudice to the generality of the foregoing, shall make
Orders –
(a) prescribing
the form of application to be used under Article 4 of this Law;
(b) prescribing
the fees to be paid under Article 4 of this Law; and
(c) prescribing
the form of consent to be used under Article 5 of this Law.
(2) The
Subordinate Legislation (Jersey) Law, 1960, as amended,10 shall apply
to Orders made under this Law.
ARTICLE
12
Short title
This Law may be cited as the Protection of Employment Opportunities
(Jersey) Law, 1988.
E.J.M. POTTER
Greffier of the States.
SCHEDULE
(Article 5(2))
PART I
The Committee in considering whether to grant or refuse an
application for consent to take prescribed employment with an employer shall
have particular regard to –
(a) the
availability of persons having a level of experience or training adequate for
that employment who may take employment without the consent of the Committee;
(b) the
extent to which that employment is actually sought by such persons;
(c) the
comparability of the wages and conditions of service offered for that employment
with the wages and conditions of service of the majority of persons engaged in
like employment;
(d) the
probable duration of that employment;
(e) the
period of time for which the vacancy has existed and the period of time (if
any) during which it has been advertised;
(f) the
nature and extent of any such advertising;
(g) the
character of the prospective employee;
(h) the
job experience of the prospective employee;
(j) the
provision (if any) made by the prospective employer for housing the employee.
PART II
The Committee in considering whether to grant or refuse an
application for consent to take prescribed employment in a self-employed
capacity shall have particular regard to –
(a) the
matters referred to in paragraphs (a), (b), (d), (g) and (h) of Part I of this
Schedule; and
(b) the
economic situation of the Island.