Employment of
States of Jersey Employees (Amendment No. 6) (Jersey) Regulations 2014
Made 4th March 2014
Coming into force 11th
March 2014
THE STATES, in pursuance of Article 42 of the Employment of States of Jersey
Employees (Jersey) Law 2005[1], have made the following
Regulations –
1 Interpretation
In these Regulations, “principal
Law” means the Employment of States of Jersey Employees (Jersey) Law 2005[2].
2 Article 36
amended
In Article 36 of the principal Law –
(a) in
paragraph (2)(a) for the words “his or her resignation from
employment” there are substituted the words “the termination of his
or her employment”;
(b) in
paragraph (2)(b) for the words “Article 37(3)” there are
substituted the words “Article 37A(4)”;
(c) in
paragraph (2A) after the words “granted unpaid special leave”
there are inserted the words “(subject to Article 37(1)(a))”.
3 Article 37
substituted
For Article 37 of the principal Law, there are substituted the
following Articles –
“37 Position
of politically eligible States’ employee when elected
(1) If a politically eligible States’
employee is elected Senator, Deputy or Connétable –
(a) the employee shall be granted paid special
leave for any part, falling after the day on which the announcement of the
results of the election is made, of any period for which he or she would (but
for the operation of this sub-paragraph) have been granted unpaid special leave
under Article 36(2A); and
(b) the employee’s employment as a
States’ employee shall terminate on the day before he or she is sworn in
to that office.
(2) Termination of employment under paragraph (1)(b) –
(a) takes effect by operation of law, despite
any other provision of any enactment or of the employee’s contract of
employment, including any requirement for notice; and
(b) for the avoidance of doubt, is not to be
treated –
(i) as
a dismissal for the purposes of the Employment (Jersey) Law 2003[3], or
(ii) as
operating to prevent any prior termination occurring otherwise than under that
paragraph.
37A Position
of politically eligible States’ employee when not elected
(1) This Article applies if a politically
eligible States’ employee is not elected to an office mentioned in Article 37(1),
in an election for which he or she has been nominated as a candidate.
(2) For the purpose of this Article –
(a) the relevant date is the seventh day after
the day on which the announcement of the results of the election is made; and
(b) the relevant Chief Officer is the Chief
Officer of the department or unit of administration in which the employee is
employed.
(3) If, before the relevant date, the employee
notifies the relevant Chief Officer that he or she does not intend to return to
work, his or her employment as a States’ employee shall terminate immediately.
(4) If paragraph (3) does not apply and,
before the relevant date, the employee notifies the relevant Chief Officer that
he or she intends to return to work, he or she shall be entitled (subject to Article 34(2))
to return to work –
(a) on a date, agreed with the relevant Chief
Officer, that is within the period of 4 weeks after the day on which the
announcement of the results of the election is made; and
(b) to the position that he or she held before giving
notification under Article 36(1) of intention to stand.
(5) If neither paragraph (3) nor (4)
applies, the employee’s employment as a States’ employee shall terminate
on the relevant date.
(6) If paragraph (4) applies, but the
employee fails without reasonable excuse to return to work on the agreed date,
his or her employment as a States’ employee shall be taken to have
terminated on the relevant date.
(7) Article 37(2) applies to termination of
employment under this Article as it does to termination under that
Article.”.
4 Article 39
amended
In Article 39(1) of the principal Law, for the words
“before he or she shall be taken to have resigned under Article 41”
there are substituted the words “before his or her employment shall be
taken to have terminated under Article 41”.
5 Article 40
amended
In Articles 40(2) and (3) of the principal Law, for the words
“until he or she shall be taken under Article 41 to have
resigned” there are substituted the words “until his or her
employment shall be taken to have terminated under Article 41”.
6 Article 41
substituted
For Article 41 of the principal Law, there is substituted the following
Article –
“41 Employment
terminates before politically ineligible States’ employee campaigns or is
nominated
(1) On the day before the start of a relevant
election period, as defined in Article 39(3), in relation to a politically
ineligible States’ employee, his or her employment as a States’
employee shall be taken to have terminated.
(2) Article 37(2) applies to termination of
employment under this Article as it does to termination under that
Article.”.
7 Citation
and commencement
These Regulations may be cited as the Employment of States of Jersey
Employees (Amendment No. 6) (Jersey) Regulations 2014 and come into
force 7 days after they are made.
m.n. de la haye
Greffier of the States