Employment (Minimum Wage) (Jersey) Order 2007

Revised Edition

05.255.40

Showing the law as at 1 January 2015

This is a revised edition of the law

Employment (Minimum Wage) (Jersey) Order 2007

Arrangement

Article

1            Interpretation

2            The minimum wage

3            Pay reference period

4            Records to be kept by employers

5            Maximum amount of compensation for detrimental treatment

6            Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Employment (Minimum Wage) (Jersey) Order 2007

THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 16, 22, 33 and 104 of the Employment (Jersey) Law 2003[1], orders as follows –

Commencement [see endnotes]

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[2];

“trainee” and “approved training” have the same meaning as in the Employment (Minimum Wage) (Jersey) Regulations 2004[3].[4]

2      The minimum wage

(1)    Except as otherwise provided by this Article, the minimum wage for an employee is an hourly rate of £6.63.[5]

(2)    Subject to paragraph (2A), the minimum wage for a trainee is an hourly rate of £4.97.[6]

(2A)      Once a trainee has completed a period or periods, in the aggregate, of 12 months’ approved training in a job, the minimum wage for the trainee in that job is an hourly rate of £5.80.[7]

(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)    [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)    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



Legislation



Year and No



Commencement



Employment (Minimum Wage) (Jersey) Order 2007



R&O.48/2007



1 April 2007



Employment (Minimum Wage) (Amendment) (Jersey) Order 2007



R&O.172/2007



1 April 2008



Employment (Minimum Wage) (Amendment No. 2) (Jersey) Order 2009



R&O.17/2009



1 April 2009



Employment (Minimum Wage) (Amendment No. 3) (Jersey) Order 2010



R&O.20/2010



1 April 2010



Employment (Minimum Wage) (Amendment No. 4) (Jersey) Order 2011



R&O.18/2011



1 April 2011



Employment (Minimum Wage) (Amendment No. 5) (Jersey) Order 2012



R&O.13/2012



1 April 2012



Employment (Minimum Wage) (Amendment No. 6) (Jersey) Order 2013



R&O.39/2013



1 April 2013



Employment (Minimum Wage) (Amendment No. 7) (Jersey) Order 2013



R&O.139/2013



1 April 2014



Table of Renumbered Provisions



Original



Current



6



Spent, omitted



7(1)



6



7(2)



Spent, omitted



Table of Endnote References



[1]



chapter 05.255



[2]



chapter 05.255



[3]



chapter 05.255.45



[4] Article 1



amended by R&O.39/2013



[5] Article 2(1)



substituted by R&O.39/2013, amended by R&O.139/2013



[6] Article 2(2)



substituted by R&O.39/2013, amended by R&O.139/2013



[7] Article 2(2A)



added by R&O.39/2013, amended by R&O.139/2013



[8] Article 4(2)



deleted by R&O.172/2007