Abolition of Forced Labour Convention, 1957 (No 105)
Report for period ending 31 May 2013, made by the States of Jersey in Accordance with Article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the Abolition of Forced Labour Convention, 1957 (No. 105).
In accordance with the advised requirements for this reporting round, only changes in legislation and the most recent statistical information and activities is included in this report.
I - III
There have been no changes since the previous report
IV
There have been no court or tribunal decisions relating to the application of this convention
V
No such reports have been published.
VI
Copies of this report are shared with Unite the Union, the Jersey Chamber of Commerce and are placed on the States of Jersey website.
Forced Labour Convention, 1930 (No. 29)
Report for period ending 31 May 2013, made by the States of Jersey in Accordance with Article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the Forced Labour Convention, 1930 (No. 29).
In accordance with the advised requirements for this reporting round, only changes in legislation and the most recent statistical information are included in this report
I-II
There have been no changes since the previous report.
III
There have been no court or tribunal decisions relating to the application of this convention.
IV
No such reports have been published.
V
Copies of this report are shared with Unite the Union, the Chamber of Commerce and are placed on the States of Jersey website.
LABOUR INSPECTION CONVENTION, 1947 (No. 81)
for the period to 31 May 2013, made by the Government of Jersey, in accordance with Article 22 of the Constitution of the International Labour Organisation, on measures taken to give effect to the provisions of the Labour Inspection Convention, 1947 (No. 81).
In accordance with the advised requirements for this reporting round, only changes in legislation and the most recent statistical information and activities of the Health and Safety Inspectorate are included in this report.
I
No changes in legislation have been made since the last report, however an Approved Code of Practice (ACoP), “The Safe Use of Woodworking Machinery”, made under Article 10 of the Health and Safety at Work (Jersey) Law, 1989, has been introduced.
The ACoP provides practical guidance for all persons who have duties under the Law and are involved with the use of woodworking machinery at work.
The ACoP is available on line on the States of Jersey website at:-
http://www.gov.je/Industry/HealthSafetyWork/HSI/Legislation/ApprovedCodesPractice/Pages/WoodworkingMachinery.aspx
Article 20
The Health and Safety Annual Report for 2011 provides information on the work of the Health and Safety Inspectorate and includes statistical information on work related accidents and ill health sourced through claims made for Social Security Benefit.
The report can be viewed online on the States of Jersey website at:-
http://www.gov.je/Government/Departments/SocialSecurity/HealthSafetyInspectorate/Updates/Pages/HSIAnnualReport.aspx
Copies of this report are shared with Unite the Union, the Jersey Chamber of Commerce and are placed on the States of Jersey website.
Direct request (CEACR) – adopted 2012, published 102nd ILC session (2013)
Labour Inspection Convention, 1947 (No. 81) – C081- Labour Inspection Convention, 1947 (No. 81) Jersey
Article 3 of the Convention. The Committee notes the amendment to Article 3 of the Health and Safety at Work (Jersey) Law, 1989, clarifying the duty placed on employers to carry out risk assessments of the safety and health of their employees. It also notes the publication on the inspectorate section of the States of Jersey website, of revised guidelines which reflect the change in law, and is intended to help employers to fulfil their duties in this regard. The Committee asks the Government to provide information on how the duty of employers to carry out risk assessments is supervised by the labour inspectorate. Please also provide information on the impact of these changes on compliance with safety and health legislation in individual workplaces, as well as on the number of industrial accidents and cases of occupational disease.
Response
- The requirement placed on employers to carry out risk assessments is checked by Inspectors when they have contact with employers, either through proactive work, for example inspections or initiatives, or reactive work, for example complaints or investigations into work related accidents or ill health.
- It is considered that risk assessment is key to the successful management of health and safety in the workplace. The Inspectorate has therefore focused on promoting risk assessment as a means of controlling and reducing risks for a number of years, with the publication of specific guidance prior to the changes made to the Law.
- Statistical information on work related accidents and ill health is obtained through claims made for Social Security Benefit. It is not possible to determine whether the change in Law has had an impact on the total number of reported work related accidents and ill health.
- As set out in the Inspectorate’s strategic plan for 2010 – 2014, included on page 5 of the 2011 Annual Report, the Inspectorate prioritise inspections to high risk workplaces, for example construction sites. It is considered that the introduction of the legal requirement for risk assessments has seen improvements in the control of risks on sites operated by major contractors. Construction still remains the sector in which the highest number of claims arises, as a result of which the Inspectorate continues to engage with the representative body of the industry, the Jersey Construction Council, to seek improvements in health and safety performance in key areas, for example the control of exposure as a result of disturbing asbestos containing materials.
- The impact of the requirement for risk assessment in other workplace sectors visited by the Inspectorate has indicated that there has been a varied approach as a result of the change in the Law. The Inspectorate will continue to seek improvements utilising the range of enforcement options available in accordance with the Inspectorate’s stated enforcement policy.
PAID EDUCATIONAL LEAVE CONVENTION, 1974 (No.140)
Report for period ending 31 May 2013, made by the States of Jersey in Accordance with Article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the Paid Educational Leave Convention, 1974 (No.140)
In accordance with the advised requirements for this reporting round, only changes in legislation and the most recent statistical information and activities is included in this report.
I. There has been no change since the previous report.
II.
Changes since the previous report are detailed in this section and in response to the Committee’s Direct Request (CEACR), adopted 2009, published 99th ILC session (2010).
The policy objective is to research labour market trends in order to meet the following key targets:
- Identify skills gaps and barriers to training
- Encourage participation in skills training
- Improve access to training for the economically active
- Monitor the quality of training provision and support improvements
- Encourage local organisations to review and improve current business practices.
In October 2007, the Council of Ministers had agreed to the creation of an employer led Skills Board and the Skills Executive, which comprises the three Ministers and three Chief Officers of the Departments for Economic Development (ED), Education Sport and Culture (ESC) and Social Security (SS). This is collectively referred to as ‘Skills Jersey’.
In December 2007, the three Minsters from ED, ESC and SS signed a partnership agreement that laid the foundations for the three departments to work together under the Skills Executive entity. http://www.gov.je/StatesGreffe/MinisterialDecision/EconomicDevelopment/2007/skillsexecutive0225.htm
The overall aim of the States of Jersey Skills Strategy is to support achievement of the States Strategic Plan. To this end, it will develop means to enhance the skills levels of Jersey’s resident population to meet the changing needs of the economy, thereby contributing to achieving maximum possible levels of employment and minimal use of imported labour.
In devising this Skills Strategy and the practical steps to be taken towards meeting the strategy, Skills Jersey has adopted the following underlying principles that provide a broad description of responsibilities and accountabilities.
1. The relationship between skills strategies and other States strategies, particularly for economic growth, should be explicit.
2. Responsibility for development and oversight of this strategy is vested in the Skills Board, in partnership with the contributing departments, who are accountable to the Skills Executive.
3. Actions to achieve this strategy, its targets and outcome based performance measures will be formally agreed and signed off on an annual basis with the contributing departments.
4. Each contributing department should integrate its responsibilities for delivery of this strategy into its annual business plan and be judged by its delivery.
III. There has been no change since the previous report
IV. There have been no court or tribunal decisions relating to the application of this convention.
V. . Skills Jersey has commissioned specific research into the skills needs of key sectors of Jersey's economy.The reports are available on the website -
www.gov.je/skillsjersey
VI. Copies of this report are shared with Unite the Union, the Jersey Chamber of Commerce and are placed on the States of Jersey website.
DIRECT REQUEST (CEACR), adopted 2009, published 99th ILC session (2010)
1. Policy to promote the granting of paid educational leave. The Committee notes the Government’s detailed report received in October 2008, including information in response to the Committee’s previous direct request. The Government indicates that the policy objective is to research labour market trends so as to: (i) identify skills gaps and barriers to training; (ii) encourage participation in skills training; (iii) improve access to training for the economically active; (iv) monitor the quality of training provisions and support improvements; and (v) encourage local governments to review and improve current business practices. While the Training and Employment Partnership (TEP) was previously tasked with meeting these objectives, the Employment and Business Strategy was launched in November 2006 which provided for the establishment of a new business unit called Jersey Enterprise, which subsumed TEP’s terms of reference and is intended to address matters including training and skills development. The Government further indicates that in May 2007 a working group comprising officers from Economic Development (ED), Education, Sports and Culture (ESC) and Social Security (SS) was charged with developing a proposal and implementation plan for a new skills executive with the purpose of achieving a better alignment between the skills needs of businesses and the requirements of individuals in Jersey. The Committee notes that this working group is employer led, streamlined and brings together resources from ED, ESC and SS that relate to skills and training and enable a more coordinated approach. The Committee asks the Government to continue to provide further information on the activities of Jersey Enterprise on matters covered by the Convention.
A response to the direct request is as follows:
Information relating to the Skills Strategy is provided in section II above.
Jersey Enterprise continued with its monitoring role in respect of the Convention until February 2012.
In November 2011, following a policy decision by the Minister for Economic Development, Jersey Enterprise was integrated with the Jersey Business Venture to become ‘Jersey Business’; an independent, grant-funded organisation that provides business support. Jersey Business services include start-up advice and advice for businesses wanting to grow and develop. Governance of Jersey Business is via an independent Board whose responsibility it is to drive strategy, set stretching delivery targets and help Jersey Business to deliver products and services identified as being of priority to on-Island businesses.
In June 2012, the Economic Development Department established Jersey Business Limited (JBL), a grant funded, independent organization charged with delivering business support in Jersey on behalf of Government. JBL however did not take on the earlier responsibility for Article 2, which currently is delivered on the Island’s behalf by Skills Jersey, comprising the Skills Executive supported by the three States Departments.
More information is available on the website www.jerseybusiness.je/
2. Financing arrangements for paid educational leave. The Committee notes that up until December 2005, educational leave was granted to full- or part‑time employees, for a period dependent on the type and level of training, with a level of grant fixed to the national recognized level of the learning. It further notes that these initiatives ended in December 2005, in line with the Department’s policy of business support rather than offering financial incentives for individuals to obtain qualifications. The Government indicates, however, that Jersey Enterprise manages a number of skills-related initiatives, some of which provide financial incentives to employers who offer skills training. The Government further indicates that, while the TEP was in operation, £2 million was spent on education support between 2004 and 2005. Following policy changes, and Government cost efficiency improvements, the amount spent on skills-related initiatives has been reduced to £600,000 per annum. The Committee asks the Government to provide further information on the impact, if any, these new financial arrangements have had on the propensity to grant paid educational leave.
A response to the direct request is as follows:
Since these changes the world economy has altered. The number of people registered with the Social Security Department as Actively Seeking Work is 1880. Through the Social Security Department, various training and development programmes have been developed to assist unemployed Islanders into work. Many of these employment initiatives have been sector specific.
Following a policy decision, the current apprenticeship scheme is being replaced with a new enhanced scheme - Trackers – which was launched in September 2012, and is being managed by the Education, Sport and Culture Department. The programme has four elements: technical qualification, vocational competencies in the workplace, key skills (including a certain level of literacy and numeracy and softer skills) and employer/employee responsibilities including health and safety. The initial take up has exceed forecast expectations and the changes instigated appear to have been well received by both employers and employees.
Further details can be found on the website – www.gov.je/trackers
Economic Development fund a number of programmes including the Jersey Undergraduate Internship Programme, the objectives of which are to expose employers to the young and bright individuals studying in higher education, giving the opportunity to work in different areas in Jersey, and to put work experience in a related field on their CV. Details are on the following website:
http://www.gov.je/EconomicDevelopment/TrainingSkillsDevelopment/TrainingEmploymentPartnershipJerseyUndergraduateInternship.htm
Economic Development fund the Jersey version of the Global Entrepreneurship Week engaging with all secondary schools and colleges and approximately 1,000 students on an annual basis. Bespoke research work relating to skills and skills development is funded by the department.
In addition, the Economic Development Department is launching three new programmes aimed at higher level skills as is the requirement of the Economic Growth and Diversification Strategy. A new Higher Level Fellowship Scheme has been developed, aimed at leadership and management, employees are able to claim up to £5,000 on a 75:25 split. A graduate training scheme will be launched in 2014 along with an inward investment pot for new businesses coming to the Island looking to train staff.
3. Leave for the purposes of general and trade union education. The Government indicates, in response to the Committee’s previous direct request, that the Jersey Advisory and Conciliation Service was formalized following the adoption of the Employment (Jersey) Law in 2003. The body, funded by the State of Jersey, was created to give impartial advice and guidance, through one-to-one interviews and group seminars as well as facilitate arbitration and employment tribunals. In this context, the Jersey Advisory and Conciliation Service has developed an A to Z of Best Practice which includes a “Model Recognition Agreement” for private sector companies to use, which provides, inter alia, that “the union recognises its responsibility to ensure representatives receive appropriate training to successfully undertake their duties. Similarly, management recognises its obligation to support and provide release for such training”. The Government indicates that employers’ representatives have seen the benefits of allowing such training to take place, and have done so for many years prior to the Law coming into existence. The Committee asks the Government to provide practical information, including examples where appropriate, on how paid educational leave is granted for the purpose of general and trade union education. The Committee would also welcome receiving an indication about the extent to which the Model Recognition Agreement has been used by private sector companies on matters covered by the Convention.
A response to the direct request is as follows:
The Model Recognition Agreement has been utilised by private sector companies on a number of occasions and is accepted as a sound basis for formalising the relationship between unions and those private sector employers that have received requests to recognise unions. In particular the section dealing with the resolution of disputes has been readily adopted and has proven effective in allowing the parties in dispute to resolve contentious issues without recourse to industrial action. Unionised arrangements are less common in the private sector than the public sector.
In those few instances where it has not been possible to avoid such action, the recommendations within the Agreement in respect of secret ballots, ballot procedures and adequate notice of industrial action have allowed trade union members to lawfully pursue their aims while allowing relevant organisations to ensure that any essential services which they provide are maintained.
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