Employment (Minimum Wage) (Jersey) Order 2007

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

05.255.40

 

Showing the law from 1 November 2022 to Current

 

Employment (Minimum Wage) (Jersey) Order 2007

Article

1                 Interpretation. 5

2                 The minimum wage. 5

3                 Pay reference period. 5

4                 Records to be kept by employers. 6

5                 Maximum amount of compensation for detrimental treatment. 6

6                 Citation. 6

Table of Legislation History. 7

Table of Renumbered Provisions. 8

Table of Endnote References. 8

 

Employment (Minimum Wage) (Jersey) Order 2007

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;

“trainee” and “approved training” have the same meaning as in the Employment (Minimum Wage) (Jersey) Regulations 2004.[1]

2        The minimum wage

(1)     Except as otherwise provided by this Article, the minimum wage for an employee is an hourly rate of £10.50.[2]

(2)     Subject to paragraph (2A), the minimum wage for a trainee is an hourly rate of £7.87.[3]

(2A)   Once a trainee has completed a period or periods, in the aggregate, of 12 months’ approved training in the job, the minimum wage for the trainee in that job is an hourly rate of £9.19.[4]

(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)     [5]

(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        Citation

This Order may be cited as the Employment (Minimum Wage) (Jersey) Order 2007.

 

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References