Jersey (formally the Bailiwick of Jersey) is a Crown dependency of the United Kingdom (though not itself part of the UK). It is self-governing and has its own independent legislature (the States Assembly), government, and legal and judicial systems. The UK is largely responsible for Jersey’s international representation and Jersey is included in many international conventions to which the UK is a party, including those on human rights. Jersey is part of a Common Travel Area with the UK, Ireland and other Crown dependencies (Guernsey and Isle of Man), with few immigration controls between these territories.
The main item of employment legislation is the Employment (Jersey) Law 2003 which notably deals with written statements of terms of employment, rest breaks/periods, annual leave, flexible working, rights related to pregnancy and breastfeeding, parental leave, the minimum wage, payment of wages, notice periods, redundancy rights and unfair dismissal. The Employment Law does not apply to certain domestic workers and workers in family businesses. It applies to both employees with employment contracts and to individuals in a contractual relationship similar to employment. The other main employment-specific laws are the Employment Relations (Jersey) Law 2007 (covering trade unions, employers’ associations and collective employment disputes) and the Health and Safety at Work (Jersey) Law 1989. Other relevant laws include the:
Discrimination (Jersey) Law 2013
Control of Housing and Work (Jersey) Law 2012
Data Protection (Jersey) Law 2018
Social Security (Jersey) Law 1974
Human Rights (Jersey) Law 2000
Employers’ Liability (Compulsory Insurance) (Jersey) Law 1973
Employment Agencies (Registration) (Jersey) Law 1969
Public Holidays and Bank Holidays (Jersey) Act 2010
Rehabilitation of Offenders (Jersey) Law 2001.
Governmental Regulations and Orders govern the implementation of certain aspects of the laws mentioned above. Officially approved codes of practice play an important part in areas such as industrial relations (including trade union recognition), disciplinary and grievance procedures, and health and safety: while these codes are not legally binding, their provisions are taken into account in proceedings over relevant matters in a court or the Employment and Discrimination Tribunal. The other main sources of employment law are common/customary law, case law (especially that of English courts), employment contracts and collective agreements.
Jersey employment legislation is unusual in that it does not regulate a number of areas that are governed by statute in many other European jurisdictions. These notably include working time, sick pay/leave, fixed-term and part-time employment, transfers of undertakings, and employee information and consultation. This reflects in part the fact that Jersey is not, and never has been, part of the European Union.
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