Employment
(Amendment) (Jersey) Law 2005
A LAW to amend the Employment
(Jersey) Law 2003.
Adopted by the
States 17th May 2005
Sanctioned by
Order of Her Majesty in Council 15th November 2005
Registered by the
Royal Court 23rd
December 2005
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “the principal Law” means the Employment
(Jersey) Law 2003[1].
2 Article
1 amended
In Article 1(1) of the principal Law after the definition
“employment dispute”, there shall be inserted the following
definition –
“ ‘Employment
Forum’ means the body that, under Article 21, is to be regarded for
the purposes of this Law as being the Employment Forum;”.
3 Article
10 amended
(1) In
Article 10(2) of the principal Law, after the words “If the employer
and the employee so agree” there shall be inserted the words “in a
relevant agreement”.
(2) For
Article 10(6) of the principal Law there shall be substituted the
following paragraph –
“(6) The States may by
Regulations –
(a) amend any of the periods of time, whether
expressed in hours or days, mentioned in this Article; or
(b) specify circumstances in which an employee
shall not be entitled to a rest period under this Article.”.
4 Article
62 amended
In Article 62(1)(b) of the principal Law, the words “for
less than such continuous period of time as may be prescribed,” shall be
deleted.
5 Article
73 amended
(1) In
Article 73(2) of the principal Law, after the word “Article”
there shall be inserted the figures “65, 66,”
(2) In
Article 73(3) of the principal Law, after the words “at least
two-thirds of the fixed term” there shall be inserted the words “or
13 weeks (whichever is the longer)”.
6 Article
74 amended
In Article 74(2) of the principal Law, after the word
“Article” there shall be inserted the figures“65, 66,”.
7 Article
88 amended
After Article 88(4) of the principal Law there shall be
inserted the following paragraph –
“(5) However, no award shall,
whether by way of –
(a) a requirement as to the specific performance
or specific implementation of a contract of employment; or
(b) a requirement that a person should refrain
from committing a breach or threatened breach of such a contract,
have the effect of compelling
an employee to do any work or attend at any place for the doing of any
work.”.
8 Article
89 amended
In Article 89(1)(c) of the principal Law, for the words
“may appoint” there shall be substituted the word
“appoint”.
9 Article
90 amended
In Article 90 of the principal Law, paragraphs (9) and
(10) shall be repealed.
10 Article
93 amended
In Article 93(2) of the principal Law, after the word
“may” there shall be inserted the words “(subject to
Article 88(5))”.
11 Article
97 amended
In Article 97(2) of the principal Law –
(a) the
words “there are”, in the second place where they appear, shall be
deleted;
(b) in
sub-paragraph (a), before the word “records” there shall be
inserted the words “there are”.
12 Schedule
3 amended
In Schedule 3 to the principal Law, the words “The Terms of Employment (Jersey)
Regulations 2001[2]” shall be deleted.
13 Schedule
4 amended
In Schedule 4 to the principal Law –
(a) in
paragraph 2, for the word “general” there shall be substituted
the word “annual”;
(b) paragraphs
4 and 9(2) shall be repealed;
(c) in
paragraph 9(3), the words “or (2)” shall be deleted.
14 Repeal
The Terms of Employment (Jersey) Regulations 2004[3] are repealed.
15 Citation
This Law may be cited as the Employment (Amendment) (Jersey) Law
2005.
a.h. harris
Deputy Greffier of the States