
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.
[1] Article 1 amended
by R&O.39/2013
[2] Article 2(1) substituted
by R&O.39/2013, amended by R&O.139/2013, R&O.170/2014,
R&O.125/2015, R&O.110/2016, R&O.109/2017, substituted by
R&O.108/2018, R&O.127/2019, R&O.131/2021, amended by
R&O.91/2022
[3] Article 2(2) substituted
by R&O.39/2013, amended by R&O.139/2013, R&O.170/2014,
R&O.125/2015, R&O.110/2016, R&O.109/2017, substituted by
R&O.108/2018, R&O.127/2019, R&O.131/2021, amended by
R&O.91/2022
[4] Article 2(2A) added
by R&O.39/2013, amended by R&O.139/2013, R&O.170/2014,
R&O.125/2015, R&O.110/2016, R&O.109/2017, substituted by
R&O.108/2018, R&O.127/2019, R&O.131/2021, amended by
R&O.91/2022
[5] Article 4(2) deleted
by R&O.172/2007