The Control of Housing and Work (Exemptions) (Jersey) Order 2013 Law allows a business to disregard the maximum number of ‘registered’ or ‘licensed’ individuals it is allowed to employ under its business licence where a person is providing cover for a person who is on leave. This applies even where the business licence might stipulate that the number of ‘registered’ or ‘licensed’ persons a business can employ is zero.
a. Where a business has an employee on sick leave or maternity leave that employee can be replaced by a person with a ‘registered’ or ‘licensed’ status for the duration of that leave up to a maximum period of 9 months;
b. For all other forms of leave that employee can be replaced by a person with a ‘registered’ or ‘licensed’ status for the duration of that leave up to a maximum period of 3 months;
Those with ‘entitled to work’ or ‘entitled’ status are also able to fill these vacancies in the normal way, and without any restriction.
To be clear the intention of this legislation is only to allow ‘registered’ and ‘licensed’ workers to temporarily fill spaces left in the existing workforce, not to allow businesses to expand under these exemptions. Any requests for additions to a business licence need to be applied for in the normal manner.