Children (Regulation of Employment) (Jersey) 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.

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.

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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

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 June 2011 regarding:

Decision Reference: MD-HSS-2011-0026
Decision Summary Title :	Children (Regulation of Employment) (Jersey) Order 2011		Date of Decision Summary:	15 June 2011
Decision Summary Author:	Assistant Director Corporate Planning and Performance Management		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Children (Regulation of Employment) (Jersey) Order 2011 Explanatory Note and Order		Date of Written Report:	14 June 2011
Written Report Author:	Law Draftsman		Written Report : Public or Exempt?	Public
Subject: Children (Regulation of Employment) (Jersey) Order 2011
Decision(s): The Minister signed the Children (Regulation of Employment) (Jersey) Order 2011 which has an enactment date of 1 October 2011.
Reason(s) for decision: To govern the employment of young people up to minimum school leaving age and in doing so contribute to child protection procedures in Jersey. The principles of the Order support the child protection procedures laid down by the Jersey Child Protection Committee in February 2011
Resource Implications: Up to £1000 for a public information campaign. No additional resource for enforcement is required as already established, interdepartmental child protection procedures will be utilised.
Action required: The Greffier is requested to lay the Order before the States at the earliest opportunity. A public information campaign is to be undertaken during the summer.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Children (Regulation of Employment) (Jersey) Order 2011

Jersey Crest

Children (Regulation of Employment) (Jersey) Order 2011

Explanatory Note

Introduction

This Order is made under the Children (Jersey) Law 2002 (the “2002 Law”), in exercise of a power for the Minister for Health and Social Services (the “Minister”) to make Orders with respect to the employment of children – meaning, according to that Law, a person who has not attained the age of 18.

The Minister has powers, under the 2002 Law, to take action if he or she is of the opinion that a child is being employed in a manner that is prejudicial to the child’s health or otherwise to render the child unfit to obtain the full benefit of any education. The Minister may give notice to the employer prohibiting or restricting the child’s employment by the employer. The Minister has further powers to require an employer, parent or guardian of a child to provide such information regarding the child as the Minister needs in order to determine whether the child’s employment is adversely affecting the child’s education.

It should be noted that, by virtue of the 2002 Law, the prohibitions and restrictions in the Order apply to any situation where a child assists in a trade or occupation carried on for profit, even if the child is not remunerated in any way for his or her labour.

Under the 2002 Law, employment of a child in contravention of the Order would be an offence by the employer and by any person (but not the child) to whose act or default the contravention is attributable. The maximum penalty for the offence is a fine of level 3 on the standard scale.

The Order

Article 1 – Interpretation

This Article defines expressions used in the Order.

“Child” is defined so as to be a person who is both under the age of 16 and below the upper limit of compulsory school age. The “upper limit of compulsory school age” is defined in the Education (Jersey) Law 1999. A child reaches that limit on the 30th June in the school year in which he or she has his or her 16th birthday. A school year is also defined in that Law, and is a year commencing on 1st September. The effect of this definition is that –

(a) the Order does not apply to any child who has attained the age of 16;

(b) if a child’s 16th birthday falls within 1st July to 31st August inclusive in a year, the Order ceases to apply to the child from 30th June in that year.

Article 2 – Prohibition of employment of children under 13 years of age

No child under the age of 13 may be employed.

Article 3 – Permitted hours of employment

A child may not be employed during school hours. A child may not be employed before 6 a.m. or after 8.15 p.m.

Article 4 – Restriction of number of hours of employment in a day and week

The number of hours that a child may work on a day is set according to whether the day falls within a school week or a holiday week. A school week is a week in which there is at least one school day. A holiday week is a week in which there are no school days. The restrictions in paragraph (1) for employment on school days and in school weeks apply to children of all ages. The restrictions in paragraphs (2) and (3) for employment on non-school days and in holiday weeks differ according to whether the child is under 15.

Article 5 – Restriction of days of employment in a week

This Article prohibits the employment of a child on more than 6 days in a week.

Article 6 – Rest periods and breaks

This Article imposes minimum requirements for the rest period that a child must have in a day and during the school holidays, and the breaks that a child must have when employed for more than 4½ hours.

Article 7 – Prohibited work

Paragraph (1) is a general prohibition of employment of a child in work that is either potentially harmful to the child’s safety, health or development or which is prejudicial to the child’s education.

In addition, paragraph (2) specifies tasks that a child may not do.

Article 8 – Duty to child who works without pay

Any child who assists in a business that is carried on for profit is treated as employed, even though the child is not paid. This Article has the effect that the person for whom the child does the work has the same duties towards the child as an employer has to an employee under the Health and Safety at Work (Jersey) Law 1989.

Article 9 – Employment authorized by other enactment

Paragraphs (1) and (2) disapply certain provisions of this Order to certain employments where alternative regulation applies, whether under a licence granted by the Minister authorizing a child to take part in a public performance or whether the employment is on a Jersey ship and regulated by the Shipping (Employment of Young People) (Jersey) Order 2007.

By virtue of Article 26 of the Education (Jersey) Law 1999, the prohibition in Article 3 of this draft Order on employment during school hours and the limit in Article 4 on the number of hours for which a child may be employed on a school day do not apply when the child is in a work experience placement arranged or approved by the child’s school. Paragraph (3) of this Article has the effect that the restrictions in this Order on places or types of employment do not apply where a child is working in a work experience placement.

Paragraph (4) of this Article provides for hours spent in a work experience placement arranged or approved by a child’s school to be disregarded when applying the rules in this Order as to the maximum number of hours for which and the maximum number of days for which a child may be employed.

Article 10 – Citation and commencement

This Article provides for the citation of the Order and its commencement on 1st October 2011.

File No. 404/10