Employment of States of Jersey Employees (Amendment No. 6) (Jersey) Regulations 2014


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

 


 



[1]                                    chapter 16.325

[2]                                    chapter 16.325

[3]                                    chapter 05.255


Page Last Updated: 15 Apr 2016