Employment (Amendment No. 13)
(Jersey) Law 2023
Adopted by the States 18th July 2023
Sanctioned by Order of His Majesty in
Council 11th October 2023
Registered by the Royal
Court 20th October 2023
Coming into force 27th October 2023
THE STATES, subject to the sanction of His
Most Excellent Majesty in Council, have adopted the following Law –
1 Employment (Jersey) Law 2003 amended
(1) This Article amends the Employment (Jersey) Law 2003.
(2) In Part 4 for the sub-heading “Regulations relating to the minimum wage” there is
substituted –
(3) In Article 16 –
(a) for paragraph (7)(e)
there is substituted –
(b) paragraph (8) is deleted.
(4) In Article 17 –
(a) for the heading there is
substituted “Regulations relating to the determination
of hourly rate of remuneration”;
(b) in paragraph (5)(b) after
“benefits in kind” there is inserted “except in relation to the maximum
monetary amount to be attributed under Article 17A”;
(c) for paragraph (8)(e)
there is substituted –
(d) paragraph (9) is deleted.
(5) After Article 17 there is
inserted –
“17A Orders relating to the
determination of hourly rate of remuneration
(a) different areas of Jersey;
(b) different sectors of employment;
(c) undertakings of different sizes;
(d) persons of different occupations; or
(e) a
protected characteristic in Schedule 1 to the Discrimination (Jersey)
Law 2013 except for age.”.
(6) In Article 18 –
(a) in the heading “The
first” is deleted;
(b) in paragraph (1)
after “Article 16(3) or (4)” there is inserted “or 17A”;
(c) in paragraph (2)
after sub-paragraph (b) there is inserted –
“(ba) what maximum monetary amount
to be attributed to an employer’s provision of benefits in kind should be
prescribed under Article 17A;”;
(d) in paragraph (4) after
sub-paragraph (c) there is inserted –
“(ca) to make an Order under
Article 17A prescribing the maximum monetary
amount to be attributed to an employer’s provision of benefits in kind which
differs from the maximum amount recommended by the Forum;”.
(7) In Article 104 in paragraph (5)
after “Article 16(3)” there is inserted “or 17A”.
2 Employment (Minimum Wage) (Jersey) Regulations 2004 amended
(1) This Article amends the Employment (Minimum Wage)
(Jersey) Regulations 2004.
(2) In Regulation 1, after the definition
of “standard pay”, there is inserted –
(3) In Regulation 4 for “Employment (Jersey) Law 2003” there is substituted “Law”.
(4) In Regulations 7(1)(d) and 8(2)(a) for
“determined in accordance with Regulation 9” there is substituted
“prescribed by Order made under Article 17A of
the Law”.
(5) Regulation 9 is deleted.
3 Employment (Minimum Wage) (Jersey) Order 2007 amended
(1) This Article amends the Employment (Minimum Wage) (Jersey)
Order 2007.
(2) In Article 1 –
(a) after the definition
“employee” there is inserted –
(b) after the definition “the
Law” there is inserted –
(3) In Article 3(1)(a) and (3)(a) for “not
shorter than one calendar month” there is substituted “one calendar month or
longer”.
(4) After Article 3 there is
inserted –
“3A Monetary amounts that may be attributed to
the employer’s provision of benefits in kind
(1) Where
the employer provides food and living accommodation, the maximum monetary
amount attributed to the employer’s provision of benefits in kind is –
(a) in
the case of an employee who is a trainee, £114.97 per week or £16.42 per day;
and
(b) in
any other case, £153.28 per week or £21.90 per day.
(2) Where
the employer provides living accommodation but does not provide food, the maximum
monetary amount attributed to the employer’s provision of benefits in kind
is –
(a) in
the case of an employee who is a trainee, £86.25 per week or £12.32 per day;
and
(b) in
any other case, £115 per week or £16.43 per day.”.
(5) Article 4(6) is deleted.
(6) Article 5 is deleted.
4 Employment (Awards) (Jersey) Order 2009 amended
After Article 4 of the Employment (Awards) (Jersey)
Order 2009 there is inserted –
“4A Maximum amount of compensation for
detrimental treatment
The maximum amount of
compensation that may be awarded under Article 33(1) of the Law must not
exceed the maximum amount of a payment that the Tribunal may order under
Article 86(6) of the Law.”.
5 Citation and commencement
This Law may be cited as the Employment (Amendment No. 13)
(Jersey) Law 2023 and comes into force 7 days after it is registered.