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 27 October 2023 to Current

 

 

Employment (Minimum Wage) (Jersey) Order 2007

Article

1                 Interpretation. 3

2                 The minimum wage. 3

3                 Pay reference period. 4

3A              Monetary amounts that may be attributed to the employer’s provision of benefits in kind   4

4                 Records to be kept by employers. 4

5                                  5

6                 Citation. 5

Table of Legislation History. 6

Table of Renumbered Provisions. 7

Table of Endnote References. 7

 

Employment (Minimum Wage) (Jersey) Order 2007

1        Interpretation[1]

In this Order –

“employee” means an employee who has ceased to be of compulsory school age;

“food and living accommodation” has the same meaning as in the Employment (Minimum Wage) (Jersey) Regulations 2004;

“the Law” means the Employment (Jersey) Law 2003;

“living accommodation” has the same meaning as in the Employment (Minimum Wage) (Jersey) Regulations 2004;

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

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 one calendar month or longer; or

(b)     where an employee is paid by reference to a period that is shorter than one calendar month, that shorter period.[5]

(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 one calendar month or longer; and

(b)     the employer and employee agree that this paragraph applies.[6]

3A     Monetary amounts that may be attributed to the employer’s provision of benefits in kind[7]

(1)     Where the employer provides food and living accommodation, the maximum monetary amount attributed to the employer’s provision of benefits in kind is –

(a)     in the case of an employee who is a trainee, £114.97 per week or £16.42 per day; and

(b)     in any other case, £153.28 per week or £21.90 per day.

(2)     Where the employer provides living accommodation but does not provide food, the maximum monetary amount attributed to the employer’s provision of benefits in kind is –

(a)     in the case of an employee who is a trainee, £86.25 per week or £12.32 per day; and

(b)     in any other case, £115 per week or £16.43 per day.

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)     [8]

(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)     [9]

5        [10]

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