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Minimum Wage 2012: Law Drafting Instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 21 October 2011:

Decision Reference: MD-S-2011-0082

Decision Summary Title :

Minimum Wage 2012 Law Drafting

Date of Decision Summary:

 20 October 2011

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

NA

Written Report

Title :

Minimum Wage 2012 Law Drafting

Date of Written Report:

 20 October 2011

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Minimum Wage 2012 - Law drafting

Decision(s): The Minister decided to request that the Employment (Minimum Wage) (Jersey) Regulations and the Employment (Minimum Wage) (Jersey) Order be amended in accordance with the Employment Forum’s minimum wage recommendations for 1 April 2012.

Reason(s) for Decision: The Forum publicised its minimum wage recommendation on 27 September 2011 recommending that the minimum wage and associated rates are increased from 1 April 2012, as follows;

   2011 2012

Minimum Wage (per hour) £6.32 £6.48

Trainee Rate (per hour) £4.74 £4.86

Maximum weekly offset against minimum wage for accommodation £69.21 £70.94

Maximum weekly offset against minimum wage for accommodation and food £92.27 £94.58

Maximum weekly offset against trainee rate for accommodation £69.21 £53.21

Maximum weekly offset against trainee rate for accommodation  and food £92.27 £70.94

 

On 20 October 2011, the Minister approved the Forum’s recommendation to increase the minimum wage rate, trainee rate and revise the maximum levels of offset. This includes approval of a change to the offset against the trainee rate so that, from 1 April 2012, an employer is permitted to deduct a maximum of 75 percent of the maximum weekly offsets against trainee rate pay.

 

The Minister intends to present the amended Regulations to the States as soon as possible.

Resource Implications: There are no financial or manpower implications.

Action required: Policy Principal to submit drafting instructions to the Law Draftsman’s Office.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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