Accompanying report for the Employment Agencies (Registration and Code of Conduct) (Amendment) (Jersey) Order 2013
Background
The Maritime Labour Convention (the ‘Convention’) requires seafarer recruitment and placement businesses to meet certain standards. The Convention will apply internationally from 20 August 2013. A number of businesses involved in seafarer recruitment and placement operate from Jersey and it is important that these businesses can show that they comply with the Convention.
Jersey is not currently seeking to achieve full compliance and ratification of the Convention for Jersey ships, however the Recruitment and Placement standards need to apply. This will ensure that Jersey-based businesses can show that their seafarer management is compliant if the relevant ships are inspected in the port of a Convention country. The intention is to prevent possible relocation of the businesses that currently operate in the Island.
The Employment Agencies (Registration) (Jersey) Law 1969 (the ‘Employment Agencies Law’) treats companies involved in seafarer recruitment and placement as Employment Agencies. Such companies must register annually with the Social Security Department (the “Department”) and must comply with a Code of Conduct.
A Code of Conduct is set out in the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970. To assist in compliance with international obligations, changes have primarily been made to the Code of Conduct. It is believed that these meet the Convention standards without being unduly onerous.
The Department published a public consultation on 28 February 2013 and comments were invited from stakeholders by 19 April 2013. The consultation included a copy of the draft Order that highlighted the proposed changes.
The primary purpose of the consultation was to obtain the views of seafarer recruitment and placement businesses to ensure that the proposed requirements are fit for purpose and are not unduly onerous. In conjunction with the Maritime Compliance Manager (of the Economic Development Department), the Department sought the views of businesses involved in seafarer recruitment and placement on the proposed changes and comments were invited to be submitted to the Maritime Compliance Manager.
Consultation
One stakeholder submitted comments during the consultation. A response summary is available on the website www.gov.je/consult. Having taken into account the comments received, a revised draft of the Order was prepared and circulated to businesses involved in seafarer recruitment and placement.
No major concerns were raised and there is nothing to suggest that the proposed changes would be onerous or unclear for businesses involved in seafarer recruitment and placement.
Employment Agencies (Registration and Code of Conduct) (Amendment) (Jersey) Order 2013
The Minister has approved the proposed amendments and will make the Employment Agencies (Registration and Code of Conduct) (Amendment) (Jersey) Order 2013 so that it comes into force at the earliest opportunity before the Convention comes into force internationally (20 August 2013).
The effect of the amendment is to amend the Employment Agencies (Registration) (Jersey) Order 1970 and the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970 to incorporate into Jersey law certain aspects of the Maritime Labour Convention, 2006 that impose specific additional requirements on agencies engaged in the recruitment and placement of seafarers. The Convention lays down minimum standards to protect seafarers recruited by private services. The amendments include the insertion of relevant definitions, requirements relating to record keeping, insurance and written agreements for seafarers.
There are no financial or manpower implications arising from this Order.