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Employment (Minimum Wage) (Amendment No. 9) (Jersey) Regulations 2013: Approved Training Definition

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 March 2013:

Decision Reference: MD-S-2013-0023

Decision Summary Title :

Approved Training

Date of Decision Summary:

20 March 2013

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Minimum Wage Approved Training

Date of Written Report:

20 March 2013

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

 

Public

Subject: Minimum Wage – Approved training for the purpose of the trainee rate

Decision(s): The Minister decided to approve in writing the training that will constitute ‘approved training’ for the purpose of the Employment (Minimum Wage) (Jersey) Regulations, 2004.

Reason(s) for Decision: The Employment (Minimum Wage) (Amendment No. 9) (Jersey) Regulations 2013 will amend the Employment (Minimum Wage) (Jersey) Regulations, 2004 (the ‘Minimum Wage Regulations’) from 1 April 2013 to provide that an employee may be paid a trainee rate for up to two years whilst they are undergoing ‘approved training’ in a new job. 

 

The Minimum Wage Regulations will provide that ‘approved training’ means training of a description or class that is approved in writing by the Minister for Social Security. Parts 1 and 2 of the written report set out the descriptions and classes of training that are approved by the Minister.  The Jersey Advisory and Conciliation Service will provide guidance and advice.

 

The Minister’s intention is that employers of different sizes and in different sectors should have sufficient flexibility, whilst ensuring that employees are paid the lower trainee rate only if they are being provided with relevant, formal training.

Resource Implications: There are no financial or manpower implications.

Action required: Policy Principal to notify the Jersey Advisory and Conciliation Service and the Social Security Back to Work and Compliance teams of the decision.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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