This is a
translation of the
Loi (1930) sur
l'emploi de femmes, de jeunes personnes et d'enfants
(Chapter 05.200)
as in force on 2 March
2021
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an
accurate translation of the French text. Accordingly, no liability is accepted
for any loss arising from its use.
Law (1930) on the employment of women, young persons and children
A LAW applying to Jersey the
provisions of certain Conventions relating to the employment of women, young
persons and children
WHEREAS Three Conventions comprising among
others, the provisions contained in the First, Second and Third Parts of the
Schedule annexed to this Law were adopted in Washington, on the 28th day of
November, 1919, by a General Conference of the International Labour
Organisation of the League of Nations;
And
whereas a certain other Convention comprising among others, the provisions
contained in the Fourth Part of the Schedule annexed to this Law were adopted
in Genoa on the 9th day of July 1920 by a General Conference of the
International Labour Organisation of the League of Nations;
Considering
that it is desirable to apply, as far as possible, the said four Conventions to
Jersey;
THE
STATES subject to the sanction of His Most Excellent Majesty in Council, have
adopted the following Law –
1 Application of
the conventions
The
provisions of the four Conventions contained in the 1st, 2nd, 3rd and
4th Parts of the Schedule to this Law shall have the force of law in Jersey.
2 Definitions
(a) The
powers conferred on the Competent Authority by
the last paragraph of Article 1 of the 1st Part of the said Schedule, by
the last paragraph of Article 1 of the 2nd Part of the said Schedule and by the
last paragraph of Article 1 of the 3rd Part of the said Schedule,
shall in Jersey be within the competence of the Minister for Social Security.
(b) The
powers conferred on the Public Authority by
Article 3 of the 1st Part of the said Schedule and by Article 3 of
the 4th Part of the said Schedule, shall in Jersey be within the
competence of the Minister for Education and Lifelong Learning.
(c) The
powers conferred on the Government by
Article 7 of the 2nd Part of the said Schedule shall in Jersey be within
the competence of the Assembly of the States.
4 Penal
clauses
(a) An
employer who commits an infraction of Article 2 of the 1st Part of the said
Schedule or Article 2 of the 2nd Part of the said Schedule, shall be liable to
a fine of level 3 on the standard scale.
(b) A
parent or other person having the care of a minor whose employment is
prohibited by the 1st, 2nd or 4th Parts of the said Schedule and who aids, assists
or participates in an infraction of the said 1st, 2nd or 4th Parts of the said
Schedule shall be likewise liable to a fine of level 3 on the standard scale.
(c) Infractions
of Article 4 of the 1st Part of the said Schedule shall be liable to a fine.
(d) An
employer who commits an infraction of Article 3 of the 3rd Part of the said
Schedule shall be liable to a fine.
(e) The
master of a ship who commits an infraction of Article 2 of the 4th Part of the
said Schedule shall be liable to a fine of level 3 on the standard scale.
(f) The
master of a ship who commits and infraction of Article 4 of the 4th Part of the
said Schedule shall be liable to a fine.
SCHEDULE
1st PART
Convention
Fixing Minimum Age for Admission of Children to Industrial Employment
ARTICLE
I
For
the purpose of this Convention, the term “industrial
undertaking” includes particularly –
(a) Mines,
quarries and other works for the extraction of minerals from the earth.
(b) Industries
in which articles are manufactured, altered, cleaned, repaired, ornamented,
finished, adapted for sale, broken up or demolished, or in which materials are
transformed, including shipbuilding and the generation, transformation and
transmission of electricity and motive power of any kind.
(c) Construction,
reconstruction, maintenance, repair, alteration or demolition of any building,
railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation,
electrical undertaking, gaswork, waterwork, or other work of construction, as
well as the preparation for or laying the foundations of any such work or
structure.
(d) Transport
of passengers or goods by road or rail or inland waterway, including the
handling of goods at docks, quays, wharves and warehouses, but excluding
transport by hand.
The
competent authority in each country shall define the line of division which
separates industry from commerce and agriculture.
ARTICLE
II
Children
under the age of 14 years shall not be employed or work in any public or
private industrial undertaking, or in any branch thereof, other than an
undertaking in which only members of the same family are employed.
ARTICLE
III
The
provisions of Article II shall not apply to work done by children in technical
schools, provided that such work is approved and supervised by public
authority.
ARTICLE IV
In
order to facilitate the enforcement of the provisions of this Convention, every
employer in an industrial undertaking shall be required to keep a register of
all persons under the age of 16 years employed by the employer, and of the
dates of their births.
2nd PART
Convention
concerning the Night Work of Young Persons employed in Industry
ARTICLE
I
For
the purpose of this Convention, the term “industrial
undertaking” includes particularly –
(a) Mines,
quarries and other works for the extraction of minerals from the earth.
(b) Industries
in which articles are manufactured, altered, cleaned, repaired, ornamented,
finished, adapted for sale, broken up, or demolished, or in which materials are
transformed; including shipbuilding, and the generation, transformation and
transmission of electricity or motive power of any kind.
(c) Construction,
reconstruction, maintenance, repair, alteration or demolition of any building,
railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation,
electrical undertaking, gaswork, waterwork, or other work of construction, as
well as the preparation for or laying the foundations of any such work or
structure.
(d) Transport
of passengers or goods by road or rail, including the handling of goods at
docks, quays, wharves and warehouses, but excluding transport by hand.
The
competent authority in each country shall define the line of division which
separates industry from commerce and agriculture.
ARTICLE
II
Young
persons under 18 years of age shall not be employed during the night in
any public or private industrial undertaking, or in any branch thereof, other
than an undertaking in which only members of the same family are employed,
except as hereinafter provided for.
Young
persons over the age of 16 may be employed during the night in the
following industrial undertakings on work which by reason of the nature of the
process is required to be carried on continuously day and night –
(a) Manufacture
of iron and steel; process in which reverbatory or regenerative furnaces are
used, and galvanizing of sheet metal or wire (except the pickling process);
(b) Glass
works;
(c) Manufacture
of paper;
(d) Manufacture
of raw sugar;
(e) Gold
mining reduction work.
ARTICLE
III
For
the purpose of this Convention, the term “night”
signifies a period of at least 11 consecutive hours, including the interval
between 10 pm and 5 am.
In
coal and lignite mines work may be carried on in the interval between 10 pm and
5 am, if an interval of ordinarily 15 hours, and in no case of less than 13
hours, separates 2 periods of work.
Where
night work in the baking industry is prohibited for all workers, the interval
between 9 pm and 4 am may be substituted in the baking industry for the
interval between 10 pm and 5 am.
ARTICLE
IV
The
provisions of Articles II and III shall not apply to the night work of young
persons between the ages of 16 and 18 years in cases of emergencies
which could not have been controlled or foreseen, which are not of a periodical
character, and which interfere with the normal working of the industrial
undertaking.
ARTICLE
VII
The
prohibition of night work may be suspended by the Government, for young persons
between the ages of 16 and 18 years, when in case of serious
emergency the public interest demands it.
3rd PART
Convention
concerning the Night Work of Women employed in Industry
ARTICLE
I
For
the purpose of this Convention, the term “industrial
undertaking” includes particularly –
(a) Mines,
quarries and other works for the extraction of minerals from the earth;
(b) Industries
in which articles are manufactured, altered, cleaned, repaired, ornamented,
finished, adapted for sale, broken up or demolished, or in which materials are
transformed; including shipbuilding, and the generation, transformation and
transmission of electricity or motive power of any kind;
(c) Construction,
reconstruction, maintenance, repair, alteration or demolition of any building,
railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation,
electrical undertaking, gaswork, waterwork, or other work of construction, as
well as the preparation for or laying the foundations of any such work or structure.
The
competent authority in each country shall define the line of division which
separates industry from commerce and agriculture.
ARTICLE
II
For
the purpose of this Convention, the term “night”
signifies a period of at least 11 consecutive hours, including the interval
between 10 pm and 5 am.
ARTICLE
III
Women
without distinction of age shall not be employed during the night in any public
or private industrial undertaking or in any branch thereof other than an
undertaking in which only members of the same family are employed.
ARTICLE
IV
Article
III shall not apply –
(a) In
cases of force majeure, when in any undertaking there occurs an interruption of
work which it was impossible to foresee and which is not of a recurring character.
(b) In
cases where the work has to do with raw materials or materials in course of
treatment which are subject to rapid deterioration, when such night work is
necessary to preserve the said materials from certain loss.
ARTICLE
VI
In
industrial undertakings which are influenced by the seasons and in all cases
where exceptional circumstances demand it, the night period may be reduced to
10 hours on 60 days of the year.
4th PART
Convention
Fixing the Minimum Age for Admission of Children to
Employment at Sea
ARTICLE
I
For
the purpose of this Convention, the term “vessel”
includes all ships and boats, of any nature whatsoever, engaged in maritime
navigation, whether publicly or privately owned; it excludes ships of war.
ARTICLE
II
Children
under the age of 14 years shall not be employed or work on vessels other than
vessels upon which only members of the same family are employed.
ARTICLE
III
The
provisions of Article II shall not apply to work done by children on school
ships or training ships, provided that such work is approved and supervised by
public authority.
ARTICLE
IV
In
order to facilitate the enforcement of the provisions of this Convention, every
shipmaster shall be required to keep a register of all persons under the age
of 16 years employed on board the shipmaster’s vessel, or a list of
them in the articles of agreement and of the dates of their births.