DRAFTING INSTRUCTIONS FOR THE PREPARATION OF REGULATIONS TO BE MADE UNDER THE EMPLOYMENT RELATIONS (JERSEY) LAW 2007
The Employment Relations Law provides a framework for the establishment and administration of a 'register' of trade unions and employer associations. That framework was based closely on the Isle of Man Trade Unions Act 1991, as amended by the Trade Unions (Amendment) Act 1995.
The Employment Relations Law provides that the information required from a trade union or employers’ association in order to be registered must include:
- the name of the trade union or association
- the address of the trade union or employers’ association
- the names of the officials or officers
- a copy of the organisation’s constitution
- and such other info as may be prescribed.
It must be noted that the administration and maintenance of Jersey’s Register is yet to be agreed, however it is envisaged that preparations could be made for the Regulations whilst awaiting a view from the Judicial Greffe.
It was always intended that a simple system of 'registration' would be provided so that exiting unions and associations could be registered almost automatically without onerous administration. Article 27 of the Law provides that Regulations may be made requiring additional information to be provided in order to register.
In the Isle of Man, the details of the Registration process are provided via the Trade Unions and Employers’ Associations Regulations 1992 (Government Circular No.108/92), as amended by the Trade Unions and Employers’ Associations (Amendment) Regulations 1994 (Statutory Document 260/94). The following sections relate to the sections of those Regulations.
Forms
If appropriate, it is considered preferable to simply refer to the forms in the Regulations, as in the Isle of Man, rather than provide any forms as schedules to the Regulations. It is envisaged that the same forms as the Isle of Man would be required;
- the register
- application for registration
- certificate of registration
- application for amendment of register
- annual return
Contents of Register
The Regulations should provide that applications require a union or association to provide the following details in order to register:
- Whether it is a branch of a union or association and, if so, the name and head office address of that trade union or employers’ association.
- The trade, industry or occupation in which the union or association is engaged.
- The date the union or association came into existence.
- The number of known members in Jersey.
- Whether accounts are made available to members of the union or association.
- A copy of any procedures regarding balloting.
Application fees
A nominal amount for initial application and amendments to registration details may be required to cover the admin costs, depending on where the function of Registrar lies.
Allocation of number to union or association
Unions and Associations should be allocated a unique number.
Maintenance and inspection of register
The Registrar must retain all documents regarding applications for registration or amendment of the register, including the details supplied with the initial application for registration and annual returns, for ten years.
It is considered that the existing provisions for public inspection of the register provided in the Employment Relations Law are sufficient.
Amendment of certificate of registration
The Registrar will issue a new or amended certificate of registration if the name of a trade union or employers’ association is changed.
Annual Returns
As we do not intend to require that accounts are presented, the Regulations should require only that annual returns will be requested to notify the Registrar of any updates on the information previously provided, e.g. changes to the names of officials, to the rules of that union or association, or to the number of members in Jersey (updates on the number of members would only be required annually, not in every instance of a change in the number of members).
Penalties
It is not envisaged that any penalty will be included for a failure to register or to provide annual returns. Benefits are gained through registration.
In the Isle of Man, there is no financial penalty for a failure to register or to provide the information requested. The outcome is simply deregistration with no right of appeal; the union or association simply has to start the registration process again if it wishes. The Isle of Man Regulations do not specifically state this, presumably because it is not necessary to do so. If the Law Draftsman advises that deregistration must be specified as the outcome, a period of leeway after the expiry date for returns (e.g. 4 weeks) should be allowed.
Conclusion
To summarise, Regulations are anticipated to be required as follows:
27 Regulations
(1) The States may make Regulations for any of the following purposes –
(a) prescribing information for the purposes of paragraphs (3) and (4) of Article 8; A number of other minor matters, including a copy of balloting procedures and information regarding the availability of accounts to members.
(b) prescribing forms of application for the purposes of this Law; Yes
(c) prescribing application fees for the purposes of any of Articles 9(7), 11(5) and 13(3); Not anticipated, depending on who is the registrar
(d) prescribing the forms of certificates of registration of trade unions and employers’ associations, for the purposes of Article 10(3); Yes
(e) varying the amount for the time being specified in Article 21(1); No change required at this time
(f) requiring trade unions and employers’ associations to keep proper accounts of their financial transactions and their assets and liabilities; Not intended at this time
(g) prescribing procedures to be applied by unions and associations for the proper control of their accounting records, cash holdings and receipts and payments; Not intended at this time
(h) requiring unions and associations to have their accounts audited periodically; Not intended at this time
(i) prescribing qualifications for auditors for the purposes of this Law; Not intended at this time
(j) requiring unions and associations to deliver periodically to the registrar prescribed returns of information; Only of any changes to the information already required to be provided on registration.
(k) prescribing information to be provided, periodically or otherwise, by unions and associations to their members; not intended at this time
(l) providing for any other matters that may be prescribed under any other provision of this Law. Nothing at this time
(2) Regulations made under this Article may in the case of trade unions and employers’ associations also impose on any trustees of their property, in respect of such property, the same requirements as may be imposed on unions and associations under any of sub-paragraphs (f), (g), (h), (k) and (j) of paragraph (1). Not intended at this time
(3) Regulations made under this Article may provide that any contravention of a Regulation shall be an offence, and may provide that any such offence shall be punishable by a fine. May depend on which dept has responsibility for the function, but not intended at this time.