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

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 8 February 2011 regarding: Employment (Minimum Wage) (Amendment No. 4) Order 2011.

Decision Reference: MD-S-2011-0005
Decision Summary Title :	DS - 2011 Minimum Wage Order		Date of Decision Summary:	3 February 2011
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - 2011 Minimum Wage Order		Date of Written Report:	3 February 2011
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment (Minimum Wage) (Amendment No. 4) (Jersey) Order 2011
Decision(s): The Minister made the Employment (Minimum Wage) (Amendment No. 4) (Jersey) Order 2011.
Reason(s) for Decision: The Minister had approved the Employment Forum’s minimum wage recommendations on 5 October 2010. This Order increases the Minimum Wage to £6.32 and the Trainee rate to £4.74 on 1 April 2011, to coincide with equivalent increases in the maximum value that may be attributed to accommodation, or accommodation with food, for the purpose of establishing whether the Minimum Wage has been paid. Those values are increased on 1 April 2011 by the Employment (Minimum Wage) (Amendment No. 7) (Jersey) Regulations 2011, as adopted by the States on 2 February 2011.
Resource Implications: There are no financial or manpower implications.
Action required: Notify the Greffier of the States and the Law Draftsman that the Order has been made so that it may be notified to the States, and forward the signed and sealed Order immediately to the States Greffe for publication and archiving.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

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

Accompanying report for the Employment (Minimum Wage) (Amendment No. 4) (Jersey) Order 2011

Introduction

Jersey’s Minimum Wage has been in force since 1st July 2005. Following its fifth review of the Minimum Wage, on 27 September 2010 the independent consultation body, the Employment Forum, recommended new minimum wage rates to apply from 1 April 2011.

The Social Security Minister accepted the recommended new rates on 5 October 2010 and proposed to increase the minimum wage and the trainee rate, subject to States approval of the Employment (Minimum Wage) (Amendment No. 7) (Jersey) Regulations 2011. The Regulations increase the maximum value that may be attributed to accommodation, or accommodation with food, for the purpose of establishing whether the minimum wage has been paid where those benefits in kind are provided to an employee as part of their employment package. The States adopted the Regulations on 2 February 2011.

The Minister has made this Order under Article 16(3) of the Employment (Jersey) Law, 2003, to increase the minimum wage rates from 1 April 2011;

– An hourly minimum wage of £6.32 to apply to all employees over school leaving age, except when the trainee rate is paid, and ‘special classes of person’, which includes share fishermen, residential members of religious communities, and others as detailed in articles 36 to 43 of the Employment (Jersey) Law 2003.

– An hourly trainee rate of £4.74 for an employee of any age who is undertaking an accredited course of training for a maximum period of one year, when in a new job, with a new employer, by written agreement.

There are no financial or manpower implications arising from this proposition.