Employment (Minimum
Wage) (Jersey) Order 2007
Made 28th March 2007
Coming into force 1st
April 2007
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 16, 22, 33 and 104
of the Employment (Jersey) Law 2003[1], orders as follows –
1 Interpretation
In this Order –
“employee” means an
employee who has ceased to be of compulsory school age;
“the Law” means the Employment (Jersey) Law 2003[2];
“trainee” has the
same meanings as it has in the Employment (Minimum Wage) (Jersey)
Regulations 2004[3].
2 The
minimum wage
(1) Except
as otherwise provided by this Article, the minimum wage for an employee is an
hourly rate of £5.40.
(2) The
minimum wage for an employee who is a trainee is an hourly rate of £4.05.
(3) For
the avoidance of doubt it is declared that this Article does not apply in
respect of work undertaken by a person on behalf of another person where the
work is being undertaken to gain experience as a required part of a course of
education at an academic establishment.
3 Pay
reference period
(1) For
the purposes of the Law, a pay reference period is –
(a) a
period of one calendar month, where an employee is paid by reference to a
period that is not shorter than one calendar month; or
(b) where
an employee is paid by reference to a period that is shorter than one calendar
month, that shorter period.
(2) Despite
paragraph (1), where paragraph (3) applies, for the purpose of the
Law, the pay reference period shall be one calendar month.
(3) This
paragraph applies where –
(a) an
employee is paid at periods that are shorter than one calendar month but by
reference to work undertaken during a period that is not shorter than one
calendar month; and
(b) the
employer and employee agree that this paragraph applies.
4 Records
to be kept by employers
(1) If
an employee qualifies for the minimum wage, his or her employer must keep in
respect of the employee records that are sufficient to establish, in accordance
with Regulation 6 of the Employment
(Minimum Wage) (Jersey) Regulations 2004, that the employer is
remunerating the employee at a rate that is at least equal to the minimum wage.
(2) The
records must show the actual number of hours worked by the employee during each
pay reference period (and not just the contractual hours worked).
(3) The
records must be in a form that enables the information that is to be kept about
the employee in respect of a pay reference period to be produced in a single
document.
(4) The
records that must be kept under this Article must be kept by the employer for a
period of 10 years beginning with the day on which the pay reference
period specified in paragraph (5) ends.
(5) The
pay reference period to which this paragraph refers is the one immediately
following the pay reference period to which the records relate.
(6) The
records may be kept by means of a computer.
5 Maximum
amount of compensation for detrimental treatment
The maximum amount of compensation that may be awarded under
Article 33(1) of the Law shall not exceed the maximum amount of a payment
that the Jersey Employment Tribunal may order under Article 86(6) of the
Law.
6 Revocation
The Employment (Minimum Wage) (Jersey) Order 2004[4] and the Employment (Minimum
Wage) (Amendment) (Jersey) Order 2006[5] are revoked.
7 Citation and commencement
(1) This
Order may be cited as the Employment (Minimum Wage) (Jersey) Order 2007.
(2) This
Order comes into force on 1st April 2007.
senator p.f. routier
Minister for Social Security