Jersey: Labour Regulation

Jersey employment law is essentially similar to the common law-based structure obtaining in England before the introduction of specific legislation in the 1970's. The Jersey Industrial Relations Committee was formed in 1969, but for a variety of reasons it has not been that active in terms of introducing employment legislation.

In 1999 the States agreed a package of employment legislation to be introduced in phases. The first phase has developed into two new laws. The first of these, the Employment Law (Jersey) Law 2003 concentrates on individual rights.

The second is the Employment Relations Law and this builds on existing legislation and concentrates on collective rights. It promotes good industrial relations, all in a way that is appropriate to a small Island community.

The Employment Relations (Jersey) Law 2007 came into force on 21 January 2008 and the associated codes of practice came into force (by Order) on 15 February 2008.

In May 2005, the Jersey Advisory and Conciliation Service (JACS) and the Employment and Social Security Department produced a set of Guidelines on the new Employment ( Jersey) Law 2003. These cover all aspects of the Law, including Minimum Wage, Unfair Dismissal, Minimum Rest Periods and Annual Leave.

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Jersey Work Permits

Nationals of European Economic Area member states have free right of movement in Jersey for the purposes of work and establishment. Family members of EEA nationals may also work without permits but must obtain an ‘EEA Family Permit’ to enter the country. Non EU nationals seeking entry for more than 6 months needs to obtain an entry clearance from a British Embassy or High Commission abroad, before arrival. Generally a work permit will be granted only if no suitably qualified local exists. A work permit is issued for the duration of the vacancy up to a maximum period of 3 years. The expectation is that during this period the employer will continue to seek to fill the post on a more permanent basis by finding someone who is free of permit restrictions, training them if necessary. In exceptional circumstances, with the approval of the Home Affairs Committee, a permit may be issued for up to 5 years. Preference is given to UK and other European Union nationals.

A processing fee is based on the duration of the permit and is payable on submission of the application form. No application will be considered without this fee and it is non-refundable even if the application is refused. The fees are as follows:

Long-term residency in Jersey is carefully controlled; with certain exceptions consent for residency will be given only to a person owning a residence, and in turn the purchase of a residence is subject to consent, which is given in only a limited number of cases, usually involving a luxury dwelling or an individual who is clearly going to contribute significantly to the island through payment of local taxes.

Social Security contribution rates are as follows:

– contributions by employer – contributions by employee – self-employed contributions – employer's contribution to Redundancy Fund – employer's contribution to Industrial Training Fund

6.5% 6.0% 12.5% 1.2% 0.5%

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