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Work Permit Policy: Hotel and Catering Occupations: Review

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 December 2013:

Decision Reference: MD-HA-2013-0073

Decision Summary Title :

Review of work permit policy

Date of Decision Summary:

17 December 2013

Decision Summary Author:

 

Assistant Director, Immigration and Nationality

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Work permit review

Date of Written Report:

17 December 2013

Written Report Author:

Assistant Director, Immigration and Nationality

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Review of work permit policy – Hotel and catering occupations.

Decision(s): The Minister decided that from 1 January 2014 the Jersey Customs and Immigration Service should adopt the same policy as the Home Office in respect of work permit applications for persons of non-EEA nationality applying to work as skilled chefs.  This policy is set out in the attached report.  In respect of other hotel and catering occupations the new eligibility criteria will be that the job is in a senior management role only, where it is at Bachelor or higher degree level or equivalent, NVQ level 6, and the job is paid at or above the appropriate rate set by the industry.

 

In any case where an employer is seeking to employ a non-EEA national as either a skilled chef or in a hotel and catering occupation, as detailed above, they will need to provide the following:

-          Full job description and details of staff under their control, listing responsibilities

-          Evidence of qualifications and work references

-       Evidence of appropriate advertising or recruitment searches over a period of at least 4 weeks (resident labour market test) using specialist trade journals, recruitment agencies and websites.  To include placing an advert at the Social Security Department.

-       Knowledge of listening and spoken English equivalent to level B1 or above of the Council of Europe’s Common European Framework for language learning unless exempt.

-       Accommodation to be provided or arranged by the employer.  If an employee prefers to find their own it is acceptable.

-       A draft contract of employment.

Reason(s) for Decision: The outcome of a review of the current work permit policy.

Resource Implications: None

Action required: Jersey Customs and Immigration Service to implement the new policy with effect from 1 January 2014 and to notify the Hospitality Association, who have been kept informed, of the signing of the decision.

Signature:

 

Position:

Minister for Home Affairs

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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