Employment
Relations (Amendment No. 2)
(Jersey) Law 2007
A LAW to amend further the Employment
Relations (Jersey) Law 2007.
Adopted by the
States 4th July 2006
Sanctioned by
Order of Her Majesty in Council 13th June 2007
Registered by the
Royal Court 22nd
June 2007
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “principal Law” means
the Employment Relations (Jersey) Law 2007[1].
2 Article
1 amended
Article 1 of the principal Law shall be amended by inserting
after the definition “prescribed” the following
definition –
“ ‘recognition
dispute’ means a dispute that relates wholly to an issue as to whether an
approved code of practice as to the recognition of trade unions is being
observed by one or more employers, or by one or more employees, for the
purposes of any matter relating to pay, hours of work or holidays;”.
3 Article
5 amended
Article 5 of the principal Law shall be amended by inserting
after paragraph (2) the following paragraphs –
“(2A) In this Law, ‘collective
employment dispute’ also means a dispute between one or more employers and one or
more employees, where –
(a) the
employee or employees concerned are represented by a trade union;
(b) the trade union is one that fulfils criteria for its recognition
that are set out in an approved code of practice; and
(c) the dispute is a recognition dispute.
(2B) However, a recognition dispute between –
(a) an employer who employs on average fewer
than 21 employees in the period of 13 weeks immediately preceding the
day on which the dispute arises; and
(b) the trade union,
is not a collective
employment dispute.”.
4 Article
23 amended
(1) Article
23(2) of the principal Law shall be amended –
(a) in
sub-paragraph (c), by substituting for the full stop the word
“; or”;
(b) by
adding after sub-paragraph (c) the following sub-paragraph –
“(d) in the case of a recognition
dispute, the opinion of the Tribunal as to whether the trade union is
recognized as being entitled to conduct, on behalf of any employee or
employees, collective bargaining with the employer or employers in respect of
any matter relating to pay, hours of work or holidays.”.
(2) After
Article 23(2) of the principal Law there shall be inserted the following
paragraph –
“(2A) A declaration to which paragraph (2)(d)
refers may specify a method by which collective bargaining shall be carried
out, and a method so specified shall have effect as if it were contained in a
legally enforceable contract made between the employer or employers and the
trade union.”.
5 New
Article 24A inserted
After Article 24 of the principal Law (but before Part 5
of the Law) there shall be inserted the following Article –
“24A Enforcement
of declaration in recognition dispute
A declaration to which
Article 23(2)(d) refers –
(a) shall have effect as if it were a legally
enforceable contract made between the parties to the collective employment
dispute to which the declaration relates; and
(b) shall be enforceable in the Royal Court by
but only by an order for specific performance.”.
6 Citation
and commencement
(1) This
Law may be cited as the Employment Relations (Amendment No. 2) (Jersey)
Law 2007.
(2) This
Law shall come into force on such day as the States may by Act appoint.
m.n. de la haye
Greffier of the States