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

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.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 January 2012:

Decision Reference: MD-S-2012-0006
Decision Summary Title :	DS - 2012 Minimum Wage Order		Date of Decision Summary:	18 January 2012
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 - 2012 Minimum Wage Order		Date of Written Report:	18 January 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment (Minimum Wage) (Amendment No. 5) (Jersey) Order 2012
Decision(s): The Minister made the Employment (Minimum Wage) (Amendment No. 5) (Jersey) Order 2012.
Reason(s) for Decision: The Minister had approved the Employment Forum’s minimum wage recommendations on 20 October 2011. This Order increases the Minimum Wage to £6.48 and the trainee rate to £4.86 on 1 April 2012, 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 2012 by the Employment (Minimum Wage) (Amendment No. 8) (Jersey) Regulations 2012, as adopted by the States on 17 January 2012.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to 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. 5) (Jersey) Order 2012

Accompanying report for the Employment (Minimum Wage) (Amendment No. 5) (Jersey) Order 2012

Introduction

Jersey’s Minimum Wage has been in force since 1st July 2005. Following its review during the period June to August 2011, the independent consultation body, the Employment Forum, recommended new minimum wage rates to apply from 1 April 2012.

The Social Security Minister accepted the Forum’s recommendation for a 2.5 percent increase on 20 October 2011 and proposed to increase the minimum wage and the trainee rate, subject to States approval of the Employment (Minimum Wage) (Amendment No. 8) (Jersey) Regulations 2012.

The Regulations increase by 2.5 percent the maximum values that may be attributed to accommodation, or accommodation with food, for the purpose of establishing whether the minimum wage and the trainee rate have been paid where those benefits in kind are provided to an employee as part of their employment package. The States adopted the Regulations on 17 January 2012.

The Minister has made this Order under Article 16(3) of the Employment (Jersey) Law, 2003, to increase the minimum wage and the trainee rate by 2.5 percent from 1 April 2012, as follows;

– An hourly minimum wage of £6.48 to apply to all employees over school leaving age, except when the trainee rate is paid; where work is being undertaken to gain experience as a required part of a course of education at an academic establishment; 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 £4.86 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 Order.