
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.
[1] Article 1 amended
by R&O.39/2013, L.12/2023
[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 3(1) amended
by L.12/2023
[6] Article 3(3) amended
by L.12/2023
[7] Article 3A inserted
by L.12/2023
[8] Article 4(2) deleted
by R&O.172/2007
[9] Article 4(6) deleted
by L.12/2023
[10] Article 5 deleted
by L.12/2023