Protection of
Employment Opportunities (Jersey) Law 1988[1]
A LAW to protect opportunities for
the taking of employment by persons having a connection with Jersey
Commencement
[see endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“employment”
means –
(a) employment
under a contract of service;
(b) employment
under an apprenticeship agreement;
(c) self-employment,
in any trade, profession
or industry;
“exempted person”
means any person who, being a person to whom the proviso to Article 3(1)
applies, has completed the formalities required by paragraph (2) of that Article;
“Minister”
means the Minister of the States of Jersey who is designated by the States
under Article 10;
“prescribed
employment” means employment of any category prescribed under Article 3;
“school leaving age”
means the upper limit of compulsory school age by virtue of Article 2 of
the Education
(Jersey) Law 1999.[2]
(2) For
the purposes of this Law a person shall be deemed to take employment in Jersey
where, although there is no change of employer, there is a change from
employment which is carried out outside Jersey to employment which is carried
out in Jersey.
(3) For
the purposes of this Law a person does not take employment where a change of
employer results from –
(a) the
sale of the business of the employer; or
(b) the
reconstruction or amalgamation of the company which is the employer.
2 Application
This Law applies to the
taking of prescribed employment which is carried out in Jersey.
3 Power
to prohibit the taking of prescribed employment without consent[3]
(1) The
States may, by Regulations, provide that no person shall take employment of any
category prescribed in the Regulations without the consent of the Minister.
(2) However Regulations under paragraph (1) shall not apply
to any of the following –
(a) a
member of the States;
(b) an
ordinary judge appointed under the Court of Appeal (Jersey) Law 1961;
(c) a
jurat or a Commissioner appointed under the Royal Court (Jersey) Law 1948;
(d) the Viscount;
(e) the
Judicial Greffier;
(f) a
person who has Entitled or Entitled for Work Only status in accordance with
Regulations made under Article 2 of the Control of Housing and Work (Jersey) Law 2012.
(3) In
paragraph (2)(a), “member of the States” has the same meaning
as in the States of Jersey Law 2005.
4 Application for consent
An application for
consent to take prescribed employment shall –
(a) be
in the form required from time to time by the Minister;
(b) contain
or be accompanied by such particulars as the Minister may require; and
(c) be
accompanied by the fee (if any) prescribed by Order.
5 General
(1) The
Minister may grant consent to take prescribed employment either unconditionally
or subject to such conditions as the Minister considers appropriate, or may
refuse to grant consent to take prescribed employment.
(2) In
considering whether to grant consent to take prescribed employment, to impose
conditions or to refuse consent, the Minister shall have particular
regard to the matters set out in Part 1 or Part 2 of the Schedule,
as the case may be.
(3) Where
the Minister refuses to grant consent to take prescribed employment he or she
shall furnish to the applicant a statement in writing of his or her reasons.
(4) The
applicant, or the applicant’s prospective employer, aggrieved by the
decision of the Minister to refuse to grant consent to take prescribed
employment or by any condition imposed by the Minister, may appeal to the Royal
Court within 2 months of the date of the notification of the decision of the
Minister in the matter, on the ground that the decision of the Minister was
unreasonable having regard to all the circumstances of the case.
(5) A
consent to take prescribed employment shall –
(a) be in
such form as the Minister may prescribe by Order made under Article 11;
and
(b) contain
particulars of the prescribed employment for which it is given and of any
conditions imposed by the Minister.
6 Offences
(1) Any
person who, not being an exempted person, takes prescribed employment otherwise
than in accordance with the consent of the Minister shall be guilty of an
offence and shall be liable to a fine.
(2) Any
person who gives employment to a person, not being an exempted person,
otherwise than in accordance with the consent of the Minister to take that
employment or who does not deliver the form and particulars required by virtue
of Article 3(2) shall be guilty of an offence and shall be liable to a
fine.
(3) A
person commits an offence if for the purpose of procuring, whether for himself
or herself or another person, the consent of the Minister to take prescribed
employment, the person makes any statement which the person knows to be false.
(4) A
person commits an offence if, for the purpose of showing that he or she, or
another person, is an exempted person, the person makes any statement or
delivers any particulars which the person knows to be false.
(5) A
person commits an offence if the person dishonestly represents himself or
herself to be an exempted person.
(6) A
person commits an offence if the person contravenes or fails to comply with any
condition imposed on the person under Article 5.
(7) Where
any condition imposed under Article 5 is contravened or not complied with,
the consent to take prescribed employment shall be of no effect.
(8) A
person who is guilty of an offence under paragraph (3), (4), (5) or (6)
shall be liable to a fine.
7 Investigation
(1) A
person authorized in that behalf by the Minister may at all reasonable times on
production if so required of evidence of the person’s
authority, enter on any land or premises and make such enquiries and require
the production of such documents as the person thinks necessary in order to
ensure that the provisions of this Law are being complied with.
(2) A
person who obstructs or impedes any person so authorized in the execution of the
person’s duties shall be guilty of an offence and shall be liable in
respect of each offence to a fine.
8 Controller of Social Security to disclose information to Attorney
General
(1) Notwithstanding
anything in the person’s oath of office or in any other enactment the person
for the time being appointed as Controller for the purpose of administering the
Social
Security (Jersey) Law 1974, shall disclose such information as may be
required in accordance with paragraph (2).
(2) Where
the Attorney General is satisfied that it is necessary for the purpose of
ascertaining whether the provisions of this Law or any Regulations made under
the Law are being or have been complied with the Attorney General may give
notice in writing to the said Controller requiring
the disclosure of information for that purpose from records kept by the said Controller.
(3) Information
disclosed in accordance with paragraph (2) may be given in evidence in any
court.
9 Saving provisions
(1) It
is hereby declared that nothing in this Law shall affect the right of a person
to continue in the employment in which the person is engaged on the
commencement of a Regulation making that employment prescribed employment.
(2) The
requirements of this Law shall not apply to or affect a person who is subject
to any condition or restriction relating to employment imposed upon the person
under or by virtue of the Immigration Act 1971 of the United Kingdom[4] as extended to Jersey.
(3) [5]
10 Regulations and Act designating Minister
(1) The
States may by Regulations –
(a) for
the purposes of Article 3 prescribe any category of employment which a person
may not take without the consent of the Minister;
(b) amend
sub-paragraphs (a), (b), (d) and (e) of the proviso to Article 3(1);
(c) alter
the matters set out in Part 1 or Part 2 of the Schedule.
(2) The
States shall before making any Regulations under this Law
by Act designate one of its Ministers as the Minister having functions under
this Law.
(3) Once
a person has acquired immunity from the application to the person of Regulations
made under Article 3, the person’s immunity shall not be affected by
anything in Regulations made under this Article.
11 Orders
(1) The
Minister may make Orders generally for carrying this Law into effect and, in particular but without prejudice to the generality of the
foregoing, shall make Orders –
(a) prescribing
the form of application to be used under Article 4;
(b) prescribing
the fees to be paid under Article 4; and
(c) prescribing
the form of consent to be used under Article 5.
(2) [6]
12 Citation
This Law may be cited as
the Protection of Employment Opportunities (Jersey) Law 1988.