International Labour Organisation Reports by the Government of Jersey

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 December 2015:

MINISTERIAL DECISION REFERENCE: MD-ER-2015-0062
DECISION SUMMARY TITLE: International Labour Organisation reports by the Government of Jersey, 2015
DECISION SUMMARY AUTHOR:	External Relations	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: International Labour Organisation reports – C7, Minimum Age (Sea) Convention, 1920 C8, Unemployment Indemnity (Shipwreck) Convention, 1920 (Direct Request) C16, Medical Examination of Young Persons (Sea) Convention, 1921 C22, Seamen's Articles of Agreement Convention, 1926 (Direct Request) C56, Sickness Insurance (Sea) Convention, 1936 C69, Certification of Ships' Cooks Convention 1946 (Direct Request) C74, Certification of Able Seamen Convention, 1946 (Direct Request) C87, Freedom of Association and Protection of the Right to Organise Convention, 1948 (Observation) C98, Right to Organise and Collective Bargaining Convention, 1949 (Observation) C108, Seafarers' Identity Documents Convention, 1958 (Direct Request) C160, Labour Statistics Convention, 1985 (Direct Request)
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	External Relations	IS THE REPORT PUBLIC OR EXEMPT		Public
DECISION AND REASON FOR THE DECISION: The Minister for External Relations approved the above reports made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation. Every year the Government of Jersey is required under Article 22 of the ILO Constitution to submit reports on the application of certain ratified ILO Conventions which have been extended to the Bailiwick. The reporting requirements for 2015 are set out on the ILO website at: http://www.ilo.org/dyn/normlex/en/f?p=1000:14000:1985867049120653::NO:14000:P14000_COUNTRY_ID:103658
RESOURCE IMPLICATIONS: There are no resource implications arising.
ACTION REQUIRED: External Relations to forward the reports through the official channel; to notify the States Greffe of the Ministerial decision; and, in accordance with article 23, paragraph 2, of the ILO Constitution, to forward copies to employers and employees representative organisations in Jersey.
SIGNATURE:			POSITION: Minister for External Relations

DATE SIGNED 2 December 2015			EFFECTIVE DATE OF THE DECISION

International Labour Organisation Reports by the Government of Jersey

REPORT

For the period to 31 May 2015, made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation on the measures taken to give effect to the

Minimum Age Sea Convention (no. 7) –

Legislation has changed since the last report. The Shipping (Employment of Young People) (Jersey) Order 2007 was amended in 2012, primarily to ensure that the original Order did not prevent certain young persons working in Jersey waters in Jersey-registered ships for the purpose of gaining work-experience while at school. This can only be done with the approval of the headteacher and Harbour Master as per Article 2 (4A). It has also been amended to replace references to other legislation as a consequence of changes in those statutes.

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f19%2f19.885.15_Shipping(EmploymentofYoungPeople)Order2007_RevisedEdition_1January2013.htm

Articles 1, 2, 3 and 4 of the Convention continue to be given effect by virtue of the Jersey Order. There has been no change.

Administrative Authorities are updated as follows:

Ships over 24m – the following are recognised organisations:

Lloyds Register, 71 Fenchurch Street, London, EC3M 4BS
RINA SpA, Via Corsica 12, 16128 Genoa, Italy

Small Commercial Vessels: Certifying Authorities

DNV-GL, 4500 Parkway, Solent Business Park, Whiteley, PO15 7AZ

International Institute of Marine Surveyors (IIMS), Murrills House, 48 East Street, Portchester, PO16 9XS
MECAL Ltd, Ocean Building, Queen Anne’s Battery Marina, Plymouth, Devon PL4 0LP
Royal Yachting Association (RYA), RYA House, Ensign Way, Southampton, SO31 4YA
Society of Consulting Marine Engineers & Ship Surveyors (SCMS), 202 Lambeth Road, London, SE1 7JW
Yacht Brokers, Designers and Surveyors Association (YBDSA) The Glass Works, Penns Road, Petersfield, Hampshire, GU32 2EW

Fishing vessels over 12 metres in length -

MECAL Ltd, Ocean Building, Queen Anne’s Battery, Plymouth Devon PL4 0LP

Ships in Jersey waters -

The Harbour Master, Maritime House, St Helier, JE1 1HB, Jersey

All Jersey-Registered Ships –

Registrar of Shipping, Liberation Place, St Helier, JE1 1BB, Jersey

Inspection, supervision and enforcement unchanged.

No change.

No change.

Copies of this report are to be sent to the Jersey Fishermen’s Association, Jersey Chamber of Commerce and Unite The Union.

REPORT

For the period ending 31 May 2015, made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation on the measures taken to give effect to the

Unemployment Indemnity (Shipwreck) Convention (no. 8) –

Response to Direct Request (CEACR) – adopted 2011, published 101st ILC Session (2012)

Article 2 of the Convention - The Committee requests the Government to keep the Office informed of any developments, such as the possible amendment of the Shipping (Jersey) Law 2002 to which reference was made in an earlier report, that might have an impact on the application of the Convention.

(i) The restrictions on the Registry were amended by the UK Merchant Shipping (Categorisation of Registries of Relevant British Possessions) (Amendment) Order 2013. The Jersey Registry can now register ships of any type up to 400 gross tons providing those over 24m are Classed with a Recognised Organisation. The Register remains under the oversight and audit by the UK’s Maritime and Coastguard Agency.

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f19%2f19.311_TheMerchantShipping(CategorisationofRegistriesofRelevantBritishPossessions)(Am)Order2013_RevisedEdition_1January2015.htm

(ii) Amendment to law – The Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 provides for a specific Jersey Code of Safety Practice. This in turn requires compliance with the Maritime Labour Convention and hence the associated Regulation 2.6 of the Convention.

URL for 2013 Regulations -

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f19%2f19.885.72_Shipping(SafetyCode-YachtsandSmallShips)Regulations2013_RevisedEdition_1January2014.htm

URL for Jersey Code –

http://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20Code%20of%20Safety%20Practice%2020131203%20JE.pdf

Part V of the Report Form - The Committee requests the Government to continue to provide up-to-date information on the application of the Convention in practice, including, for instance, the number of seafarers covered by the relevant legislation and the number of any maritime casualties involving Jersey-registered vessels and the payment of indemnities to the seafarers concerned.

Statistics:

Seafarer numbers - Jersey does not have a register of seafarers. Instead, Jersey seafarers may be qualified and recognised through local application of UK legislation. Updated statistical estimates are as follows: Fishing vessels – 9 seafarers; Commercial workboats – 45 seafarers; Pleasure craft (charter and private pleasure) – 20 seafarers.

Maritime Casualties – none requiring repatriation or payment of indemnity.

It is noted that compliance with Convention No. 8 facilitates the implementation of the respective provisions of MLC 2006.

Regular Response

The Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013

Jersey Code of Safety Practice implementing MLC 2006

(URLs to legislation given above).

Article 1

“Seaman” and “vessel” are both defined in Article 1 of the primary legislation – Shipping (Jersey) Law 2002. These are further clarified in the relevant Codes and applicable UK legislation as follows:

Seamen – “These guidelines apply to all seafarers employed or engaged in any capacity on board every commercially operated large yacht. (Large Yacht Code - 26.1.2 Application and Definitions)

Vessel - “ship” includes every description of vessel used in navigation” (Article 1 of primary legislation being the Shipping (Jersey) Law 2002)

Article 2

1, and 2.

The above-referenced Jersey Code of Safety Practice implements the MLC, so providing for the required indemnity and its payment.

Extracts from the Jersey Code:

PART 1

1.3. If operating a vessel that is ordinarily engaged in commercial activities and in which crew are employed, then compliance with Part 2 of this Code will indicate as far as possible, compliance with the Convention

PART 2

All Ships subject to this Code

Maritime Labour Convention, 2006 (MLC)

Currently only the 2014 Workboat Code and the Passenger Yacht Code (edition 4) make adequate provision to ensure compliance with the Convention. Until UK MGN 280 and the Large Yacht Code are modified, surveyors, masters and owners are to follow MLC requirements in the 2014 Workboat Code.

Direction and guidance are available from the UK Marine Guidance Notes MGN 480(M), MGN 490(M), MGN 491(M) and the UK Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 (Statutory Instrument 2014 No. 1613).

Note –

Further details on MLC compliance, according to ship type and size, can be found in sections B, C and D of Part 2 of the Jersey Code. The URL for the Code is given above on page 1.

Extract from 2014 Workboat Code Industry Working Group Technical Standard, being applicable under Jersey law:

26.19 Seafarer Compensation for the Vessel’s Loss or Foundering

26.19.1 If the vessel is lost, the shipowner is liable to pay seafarers wages for up to two months and to compensate them for loss of possessions. The level of such compensation should be specified in the seafarer’s employment agreement.

Definitions

“loss or foundering” - These terms do not appear to have been defined in Jersey or UK law. The particulars of each situation would need to be taken into account and past UK and other case law called upon.

Liability to pay will continue even the SEA expires within the relevant two month period – Ref paragraph 6 of MGN 480(M)[1].

In the situation where the shipowner is to pay wages following loss or foundering, wages cannot include an allowance for food. Ref Regulation 53 [2]

Indemnity is limited to two months’ wages. Ref Regulation 48(2)[3]

Article 3

The remedy available to recover indemnities due is recovery of a civil debt. Ref Regulation 48(5) [4]

The application of the legislation is entrusted to the following:

Ships over 24m –

Lloyds Register, 71 Fenchurch Street, London, EC3M 4BS

RINA SpA, Via Corsica 12, 16128 Genoa, Italy

Small Commercial Vessels: Certifying Authorities

DNV-GL, 4500 Parkway, Solent Business Park, Whiteley, PO15 7AZ

International Institute of Marine Surveyors (IIMS), Murrills House, 48 East Street, Portchester, PO16 9XS
MECAL Ltd Ocean Building Queen Anne’s Battery Marina Plymouth Devon PL4 0LP
Royal Yachting Association (RYA), RYA House, Ensign Way, Southampton, SO31 4YA
Society of Consulting Marine Engineers & Ship Surveyors (SCMS), 202 Lambeth Road, London, SE1 7JW
Yacht Brokers, Designers and Surveyors Association (YBDSA) The Glass Works, Penns Road, Petersfield, Hampshire, GU32 2EW

Fishing vessels over 12 metres in length -

MECAL Ltd, Ocean Building, Queen Anne’s Battery, Plymouth Devon PL4 0LP

Ships in Jersey waters -

The Harbour Master, Maritime House, St Helier, JE1 1HB, Jersey

Supervision, inspection and enforcement for all Jersey-Registered Ships rests with the Registrar of Shipping, Liberation Place, St Helier, JE1 1BB, Jersey.

As a member of the Red Ensign Group, Jersey accepts and takes part in the UK supervision and audit of ROs through the British Certification Committees run by the MCA. Jersey also audits CAs directly and is developing a joint MCA / Red Ensign Group combined audit policy.

None in recent history.

General appreciation – The importance of this specific Convention has grown as a result of the high profile accorded to the introduction of the Maritime Labour Convention and its application in Jersey to local Recruitment and Placement services.

Copies of this report are to be sent to the Jersey Fishermen’s Association, Jersey Chamber of Commerce and Unite The Union.

REPORT

For the period to 31 May 2015, made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation on the measures taken to give effect to the

Medical Examination of Young Persons (Sea) Convention 1921 (no. 16) –

No change.

No change.

Relevant Authorities concerned are as follows:

Ships over 24m –

Lloyds Register, 71 Fenchurch Street, London, EC3M 4BS

RINA SpA, Via Corsica 12, 16128 Genoa, Italy

Small Commercial Vessels: Certifying Authorities

DNV-GL, 4500 Parkway, Solent Business Park, Whiteley, PO15 7AZ

International Institute of Marine Surveyors (IIMS), Murrills House, 48 East Street, Portchester, PO16 9XS
MECAL Ltd, Ocean Building, Queen Anne’s Battery Marina, Plymouth Devon PL4 0LP
Royal Yachting Association (RYA), RYA House, Ensign Way, Southampton, SO31 4YA
Society of Consulting Marine Engineers & Ship Surveyors (SCMS), 202 Lambeth Road, London, SE1 7JW
Yacht Brokers, Designers and Surveyors Association (YBDSA) The Glass Works, Penns Road, Petersfield, Hampshire, GU32 2EW

Fishing vessels over 12 metres in length -

MECAL Ltd, Ocean Building, Queen Anne’s Battery, Plymouth Devon PL4 0LP

Ships in Jersey waters -

The Harbour Master, Maritime House, St Helier, JE1 1HB, Jersey

All Jersey-registered ships and pleasure craft overseas –

Registrar of Shipping, Liberation Place, St Helier, JE1 1BB, Jersey

Working of inspections includes initial, interim and five year renewal for commercial vessels, self-inspection for pleasure craft, Port and Flag State Control inspections and investigations arising from reportable incidents.

Supervision and enforcement is the responsibility of the office of the Registrar of Shipping. All Certifying Authorities and Recognised Organisations are audited by the UK MCA. Jersey has also audited CAs directly on first appointment to Jersey.

IV. No change.

No change.

VI. No change.

REPORT

For the period to 31 May 2015, made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation on the measures taken to give effect to the

Seaman’s Articles of Agreement Convention 1926 (no. 22) –

Direct Request (CEACR) – adopted 2010, published 100th ILC Session (2011)

The Committee requests the Government to pursue the legislative action with a view to effectively implementing the provisions of Convention No. 22 and to transmit copies of any relevant legislative or regulatory texts as soon as they are adopted.

Compliance with Convention – Legislative action

For seafarers employed through Jersey-based R&P agencies the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970 was amended and up-dated in 2013. This introduces additional requirements under Article 4A leading to full compliance with the MLC 2006 Regulation 1.4, standard A1.4 and hence the requirement to have Seamen’s Articles of Agreement.

Ref - http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f05%2f05.250.60_EmploymentAgencies(Registration)(CodeofConduct)Order1970_RevisedEdition_1January2014.htm

For Jersey-registered ships that are required to be compliant (i.e. of 100gt or over and in commercial use and not otherwise exempt by Article 2 of the Convention) -

(iii) The Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 makes provision for a Jersey Code of Safety Practice. This Code requires compliance with the Maritime Labour Convention and hence the associated Regulation 1.4 of the Convention.

URL for 2013 Regulations -

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f19%2f19.885.72_Shipping(SafetyCode-YachtsandSmallShips)Regulations2013_RevisedEdition_1January2014.htm

URL for Jersey Code –

http://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20Code%20of%20Safety%20Practice%2020131203%20JE.pdf

Regular Report

As reported in reply to direct request, above.

Article 1 – No change.

Article 2 – No change.

Article 3 - Now covered by the above-listed UK and Jersey legislation as attached to this report.

Article 5 – Seafarer Documents – Reference UK 2014 No. 1613, The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014, Regulation 12 and schedule 2.

Provision to be included in a written record of work on the ship are:

1. Name, port of registry, gross or register tonnage and official number of the ship

2. Description of voyage

3. Capacity in which seafarer worked on the ship

4. Date on which seafarer started work on the ship

5. Date and location of seafarer’s discharge from the ship.

Article 6 – Agreements of an indefinite period – These are allowed only if a period of notice is stipulated and circumstances stated. Minimum period is 7 days (either party) but nothing prevents termination on compassionate grounds or gross misconduct.

Nature of additional particulars:

Name and address of ship owner
Entitlement to repatriation
Circumstances in which seafarer may have to meet or reimburse ship owner for repatriation
Maximum compensation due to seafarer for loss of property arising from loss or foundering of ship
Details of any collective bargaining if relevant.

Ref - UK SI 2014 No.1613, Regulation 11 and Schedule 1, Part 1, paragraph 7.

Article 9 – With reference to paragraph 3, notice should not terminate an agreement if termination would occur during a voyage and the seafarer would therefore cease to be available to carry out duties whilst at sea. See SEA template, page 2 Notice of Termination of Employment, paragraph (a)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/412689/110315__MODEL_FORMAT_FOR_A_SEAFARER_EMPLOYMENT_AGREEMENT.pdf

Article 10 – With reference to paragraph (d) of the Article, other causes of termination are (i) notice as may be contained in the seafarer agreement, (ii) compassionate grounds and (iii) gross misconduct of seafarer.

Ref - UK SI 2014 No.1613, Regulation 11.

Article 11 – Immediate discharge of the seafarer by the employer possible as a result of gross misconduct as stated in UK SI 2014 No.1613, Regulation 11(3).

Article 12 – Immediate discharge of the seafarer possible as a result of a request on compassionate grounds as stated in UK SI 2014 No.1613, Regulation 11(3).

Article 15 – Ensuring compliance with the 1926 Convention -

Under 24m in length – 5 vessels of 100gt or more, compliance for MLC and hence SEAs is delegated to relevant, audited, Certifying Authorities, DNV-GL, IIMS & MECAL.

Over 24m in length – no vessels currently within scope of Convention but Jersey policy is not to delegate this and it remains the responsibility of the Jersey Administration. As all Jersey vessels are under 500gt, no certificate is issued – instead a statement of compliance would be issued on a five-year cycle.

No change.

MLC 2006 has helped awareness and appreciation. The 1926 Convention is now more effectively applied by commitment to the MLC by the Certifying Authorities concerned. Jersey administration retains oversight with initial direct audit as well as developing a policy of shared audits with MCA.

Copies of this report are to be sent to the Jersey Chamber of Commerce and Unite The Union. No observations to note.

REPORT

For the period to 31 May 2015, made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation on the measures taken to give effect to the

Sickness Insurance (Sea) Convention 1936 (no. 56) –

There has been no change since the previous report.

The legislation giving effect to the provisions of the Convention can be found in the Social Security (Jersey) Law, 1974 which deals with the payment of cash benefits and the Health Insurance (Jersey) Law, 1967 which handles the provision of medical and pharmaceutical benefits.

Article 1

There has been no change since the previous report.

Article 2

There has been no change since the previous report.

Article 3

There has been no change since the previous report.

Article 4

There has been no change since the previous report.

Article 5

Maternity Allowance is payable for up to 18 weeks to a woman who has paid sufficient contributions in the quarter one year prior to her date of confinement. A lump sum Maternity Grant, payable on the contribution record of the mother or the father (paid contributions for 1 quarter at any time) is also available. Since January 2015, the rules in respect of the start date of a maternity allowance claim have been made more flexible.

The legislation setting out these changes is found at:

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%5chtm%5cROFiles%5cR%26OYear2014%2fR%26O-213-2014.htm

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%5chtm%5cROFiles%5cR%26OYear2014%2fR%26O-110-2014.htm

Article 6

There has been no change since the previous report.

Article 7

There has been no change since the previous report.

Article 8

Employees pay 6% of earnings and employers 6.5% up to a standard limit, which is increased each year. These values are published on the government website. Since January 2012, additional contributions of 2% are collected from employers and individuals who are self employed or non-employed (Class 2) in respect of earnings above the standard limit, up to an upper limit. The States provides an annual grant which reflects the level of contributions received against a set amount per insured person.

The legislation setting out these changes is found at:

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%5chtm%5cROFiles%5cR%26OYear2011%2fR%26O-094-2011.htm

Article 9

There has been no change since the previous report.

Article 10

There has been no change since the previous report.

III

There have been no Tribunal or Courts of Law adjudicating on matters of principle concerning Sickness Insurance in Jersey.

The Social Security Department publishes an annual report that provides detail on all areas of contribution and benefit activity. The 2014 report is found at:

http://www.statesassembly.gov.je/AssemblyReports/2015/R.111-2015.PDF

The annual report is presented to the States Assembly and available on the government website and commented in the local media. There have been no observations on the implementation of the Convention following publication of these reports.

Current benefit and contribution rates are available from:

http://www.gov.je/Benefits/Pages/default.aspx

and

http://www.gov.je/working/contributions/Pages/default.aspx

REPORT

For the period to 31 May 2015, made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation on the measures taken to give effect to the

Certification of Ships’ Cooks Convention 1946 (no. 69) –

Direct Request (CEACR) – adopted 2010, published 100th ILC Session (2011)

The Committee requests the Government to provide up-to-date information of a general nature regarding the type of ships currently registered in Jersey and the number of ships’ cooks serving on these ships. In addition, the Committee would also be grateful if the Government would provide information of any developments regarding the process of ratification and effective implementation of the MLC, 2006.

Ships registered in Jersey: 1,784 vessels on British Register in Jersey

Includes:

59 Small Commercial Vessels

1 Commercial Large Yacht

1 domestic passenger vessel

The remainder are pleasure craft.

Number of Ships Cooks – none recorded. Voluntary Safe Manning documents are issued on request. These relate to the minimum requirements regarding deck and engineer crew but not cooks. This is because the commercial ships listed above are subject to the relevant Codes, being the UK’s Small Commercial Vessel, Workboat or Large Yacht Code. Under these Codes provision is made regarding health and safety in the galley but qualified cooks are not required.

Developments regarding MLC 2006

For seafarers employed through Jersey-based R&P agencies the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970 was amended and up-dated in 2013. This introduces additional requirements, under Article 4A, leading to full compliance with the MLC 2006 Regulation 1.4, standard A1.4.

For the relevant Jersey-registered ships -

Amendment to law – The Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 provided for a Jersey Code of Safety Practice. This provides for compliance with the Maritime Labour Convention.

URL for 2013 Regulations -

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f19%2f19.885.72_Shipping(SafetyCode-YachtsandSmallShips)Regulations2013_RevisedEdition_1January2014.htm

URL for Jersey Code –

http://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20Code%20of%20Safety%20Practice%2020131203%20JE.pdf.

Part 2 of the Jersey Code states the requirements for compliance with the Convention for Jersey-registered vessels according to ship type and size.

At this stage it remains desirable to ensure Jersey ships are compliant for the benefit of seafarers. However, it is likely that full ratification of the Convention by the Island would only be justified if registration of seagoing passenger and cargo vessels were to occur or registration of vessels requiring a Convention Certificate i.e. being over 500gt.

Routine report

With reference to the definition in Article I, Jersey does not have sea-going vessels on its Shipping Register “which are engaged in the transport of cargo or passengers for the purpose of trade”. Accordingly legislation to enforce the Convention has not been developed.

No change.

No change.

No change.

No change.

Not applicable.

REPORT

For the period to 31 May 2015, made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation on the measures taken to give effect to the

Certification of Able Seamen Convention 1946 (no. 74)

Direct Request (CEACR) – adopted 2011, published 101st ILC Session (2012)

Article 2 of the Convention. Certification requirements for able seafarers. Noting the Government’s earlier statements that the age, experience and examination criteria for able seafarers are identical to those required for the United Kingdom, and also noting that sections 4 and 8 of the United Kingdom Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 appear to give full effect to the requirements of the Convention, the Committee requests the Government to provide additional explanations with regard to the implementing legislation.

Reply –

Notwithstanding previous ILO reports made by the Jersey administration, legislation concerning Able Seamen which is specific to Jersey ships has not been implemented. The United Kingdom Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 do not apply and have not applied in Jersey. Any previous suggestion to the contrary is regretted.

Implementation of the Convention in Jersey - The Shipping (Training, Certification and Manning) (Jersey) Order 2004 covers various aspects of training for ratings. Inter alia, this includes engine room, navigation, radio, basic safety, advanced fire-fighting and medical first aid. The Order further imposes a responsibility on every company owning a Jersey ship to ensure that “every master and seaman ….. holds an appropriate certificate or a certificate of equivalent competency in respect of any function he is to perform on that ship.” It is recognised however, that the Order does not specifically refer to Able Seamen.

The Jersey register is dominated by small pleasure craft – There are 1,784 vessels registered of which fifty-nine are Small Commercial Vessels, one is a commercial Large Yacht and one is a domestic passenger vessel. Crew requirements are specified under the relevant UK Codes for these craft and these codes apply in Jersey.

Taken together, the application of the 2004 Order, the size and type of fleet under the Jersey Flag and the application of the UK Codes, have combined to provide adequate crew provision without specific implementing legislation for the Able Seamen Convention itself.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical data on the number of AB certificates delivered during the reporting period and relevant extracts from inspection reports showing any infringements of the relevant legislation.

Reply - Because of the size and type of fleet, the Convention is not currently fully implemented.

Article 33 of the Shipping (Jersey) Law 2002 prohibits unqualified personnel going to sea as if they were qualified. Without specific AB legislation in place, there are therefore currently no Jersey-issued AB certificates.

The United Kingdom’s Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (SI 2015 No. 782) have included Able Seafarer provisions that are understood to meet the Convention’s requirements. It is therefore the intention of the Jersey administration to aim to replace the Shipping (Training, Certification and Manning) (Jersey) Order 2004 in due course with equivalent legislation.

Recalling that the Government continues to be bound by the provisions of Convention No. 74 until the MLC, 2006 enters into force for Jersey, the Committee requests the Government to keep the Office informed of any developments regarding the effective implementation of the MLC, 2006.

Reply – MLC developments

For seafarers employed through Jersey-based R&P agencies the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970 was amended and up-dated in 2013. This introduces additional requirements under Article 4A leading to full compliance with the MLC 2006 Regulation 1.4, standard A1.4.

URL for 1970 Order, as updated in 2013 –

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f05%2f05.250.60_EmploymentAgencies(Registration)(CodeofConduct)Order1970_RevisedEdition_1January2014.htm

Amendment to law – The Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 provided for a Jersey Code of Safety Practice. This Code requires compliance with the Maritime Labour Convention.

URL for 2013 Regulations -

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f19%2f19.885.72_Shipping(SafetyCode-YachtsandSmallShips)Regulations2013_RevisedEdition_1January2014.htm

URL for Jersey Code –

http://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20Code%20of%20Safety%20Practice%2020131203%20JE.pdf

Regular Report -

No change.
No change.
No change.
No change.
No change.
No change.

The situation remains as described above regarding the Certification of Able Seamen Convention.

REPORT

For the period to 1 June 2012 – 31 May 2015, made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation on the measures taken to give effect to the

FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION, 1948 (NO.87)

Specific responses:

I – There has been no change since the report submitted by the Government of Jersey in 2008.

II – There has been no change since the report submitted by the Government of Jersey in 2008.

III – This is achieved by virtue of the common law right to associate for lawful purposes. In addition, the Human Rights (Jersey) Law 2000 gives effect to the rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 11 on freedom of assembly and association.

IV - No such decisions have been given.

V – No observations to report.

VI – Copies of these papers have been shared with Unite the Union and the Jersey Chamber of Commerce.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Government of Jersey provides the following response to the Observations of the Committee of Experts on the Application of Conventions and Recommendations:

The Government of Jersey can confirm that a review of the Employment Relations (Jersey) Law 2007 and its codes of practice is included in the Minister for Social Security’s programme of work. The Government of Jersey acknowledges the previous comments of the Committee and had hoped that progress would have been made; however, regretfully, that has not been possible to date. A review will be undertaken as soon as resources allow it.

During the period since the last report, a political decision has required the Minister for Social Security to prepare legislation that would protect people in Jersey against discrimination, including in employment, on grounds of race, sex, age and disability. Manpower resources have been directed to meet that political commitment. Good progress is being made and work on the discrimination legislation will continue under the new Minister for Social Security who was appointed in November 2014. The Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015 will come into force on 1st September 2015.

The Government of Jersey has previously responded in detail to the comments that were made by Unite the Union in relation to this legislation. In practice, employment relations continue to be excellent in Jersey and feedback from the Jersey Advisory and Conciliation Service (JACS) indicates that both workers’ organisations and employers have found the legislation and codes of practice to provide an effective framework in a format that is accessible and easily understood. The Employment Relations Law was formed following extensive consultation in our community and the Law appears to have met the intent: to create a modern, non-adversarial dispute resolution approach. The success of this has been demonstrated in the lack of industrial action or breakdown of working relationships between employers and workers’ organisations, along with an increase in new employers signing up to collective agreements with relatively little dispute. This is reflected in the figures released in the JACS Annual Report for 2014 which states that;

“During 2014, JACS were asked to assist in the counting of 3 ballots and the year was much quieter than recent years in respect of collective disputes, and those that did arise were resolved swiftly. JACS were asked by both Unions and Employers to assist with Recognition Processes in 2014. The framework for recognition is set down in the Codes of Practice and fall under the Employee Relations (Jersey) Law 2007, and as long as the union density check for the proposed bargaining unit demonstrates the union has sufficient employees as members of the union then the next step is for both parties to negotiate a recognition agreement. JACS have undertaken several such union density checks in 2014 and the parties involved have gone on to establish their recognition agreements.”

REPORT

for the period 1 June 2012 – 31 May 2015, made by the Government of Jersey, in accordance with Article 22 of the Constitution of the International Labour Organisation, on measures taken to give effect to the provisions of the

RIGHT TO ORGANISE AND COLLECTIVE BARGAINING CONVENTION, 1949 (NO.98)

Specific responses:

I – There has been no change since the report submitted by the Government of Jersey in 2008.

II – There has been no change since the report submitted by the Government of Jersey in 2008.

III – No such decisions have been given.

IV – No observations to report.

V – Copies of these papers have been shared with Unite the Union and the Jersey Branch of the Chamber of Commerce.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Government of Jersey provides the following response to the Observations of the Committee of Experts on the Application of Conventions and Recommendations:

Article 1 - Protection against acts of anti-union discrimination

The Committee has noted that public consultation was undertaken by an independent consultation body and that, as a result, the former Minister for Social Security decided not to amend the Employment Law to provide that employees who are reinstated following unfair dismissal will be granted full compensation for loss of pay. The Employment and Discrimination Tribunal does not currently have the power to award financial losses for the period between any dismissal and an order for re-employment. The Government of Jersey may decide to review the award-making powers of the Tribunal more generally in the future.

As currently drafted, the Employment (Awards) (Jersey) Order 2009 provides that the award for unfair dismissal is a fixed award based on salary and length of service. There is no option for an employee to seek additional compensation for financial losses following an unfair dismissal. If the available compensation were to be lifted substantially, this would have ramifications for the Tribunal system. High value claims are more time-consuming and legalistic and it may become necessary to introduce separate remedies hearings. The Tribunal currently operates a simple process and is thus accessible to its users, most of whom are litigants in person.

Articles 2 and 4 - Protection against acts of interference and promotion of collective bargaining

The Government of Jersey has previously noted that a provision to prohibit employer inducements will be drafted and that Code 1, which deals with the recognition of trade unions, will be reviewed as part of the proposed wider review of the Employment Relations Law and codes of practice. The Government of Jersey regrets to advise the Committee that there have been no developments to date.

During the period since the last report, a political decision has required the Minister for Social Security to prepare legislation that would protect people in Jersey against discrimination, including in employment, on grounds of race, sex, age and disability. Manpower resources have been directed to meet that political commitment at this time. The delay is regretted; however the work will be undertaken as soon as resources allow it.

In addition, the Human Rights (Jersey) Law 2000 gives effect to the rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 11 on freedom of assembly and association:

Paragraph 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

Since the Employment (Jersey) Law 2003 came into force on 1 July 2005, there have been no Tribunal complaints of unfair dismissal or selection for redundancy that relate to trade union membership or activities. There have, therefore been no orders for reinstatement or re-engagement resulting from unfair dismissal or selection for redundancy on grounds of trade union membership or activities.

REPORT

For the period to 31 May 2015, made by the Government of Jersey in accordance with Article 22 of the Constitution of the International Labour Organisation on the measures taken to give effect to the

Seafarers’ Identity Documents Convention 1958 (no. 108) –

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee requests the Government to refer to the comments made concerning the application of the Convention by the United Kingdom.

Reply -

UK legislation - Merchant Shipping (Seaman’s Documents) Regulations 1987 as amended, applies to Jersey inasmuch that Jersey subjects are British with a right of abode in the UK. Additionally, the legislation provides for the issue of Seamen’s Identity Documents even to those who are not British providing they serve in Jersey ships.

Extract from the Merchant Shipping (Seaman’s Documents) Regulations 1987 –

Application for British Seamen's Cards
2..—(1) Subject to the provisions of regulation 3, a person who satisfies the conditions specified in paragraph (2) of this regulation (whether or not he has previously held a British Seaman's Card or a British Seaman's Identity Card) may apply for a British Seaman's Card.

(2) The conditions referred to in paragraph (1) of this regulation are that the person—

(a) is a British seaman to whom this regulation applies; and

(b) is not the holder of a British Seaman's Card issued to him under regulation 5 or endorsed under regulation 8.

3.—(1) Regulation 2 applies to any British seaman—

(a) who is employed or ordinarily employed in a ship otherwise than in an employment specified in paragraph (2) of this regulation; and (who is not excluded by virtue of paragraph (3) of this regulation.

(2) The employments which are to be disregarded for the purposes of paragraph (1) of this regulation are—

(a) employment in a fishing vessel;

(b) employment in a ship belonging to a general lighthouse authority;

(c) except in the case of a person who is a cadet, employment on terms under which he receives no wages or only nominal wages; and

(d) in the case of a person who is not a citizen of the United Kingdom and colonies or a British protected person, employment in a ship registered otherwise than in the United Kingdom, the Channel Islands, the Isle of Man or any colony, protectorate or protected state.

Statistics - As the Identity Documents are issued by the UK, application to the MCA has been made to ascertain if statistics are available showing the number of documents issued to Jersey subjects or those serving in Jersey-registered ships.

Concerning Convention No. 185, Jersey has not had this ratified on its behalf and constitutionally cannot do so unless the UK itself ratifies the Convention. There are clear advantages in this modern, more secure and standardised card. However, Jersey’s vessels have international crews and few local Jersey nationals or residents as seafarers. As it can only be issued to nationals or residents it may be of limited use.

Regular Report -

No change.
No change.
No change.
No change.
No change.
Copies of this report are to be sent to the Jersey Chamber of Commerce and Unite The Union.

REPORT

for the period 1 June 2010 – 31 May 2015, made by the Government of Jersey, in accordance with Article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the

LABOUR STATISTICS CONVENTION, 1985 (No. 160)

The compilation and publication of the majority of official statistics in Jersey is undertaken by the States of Jersey Statistics Unit (Statistics Unit). The notable exceptions in terms of Article 22 of the Constitution of the International Labour Organisation are data relating to occupational injuries and industrial disputes. These areas are the responsibility of the Social Security Department.

The Statistics Unit has full operational independence, supported by a Code of Practice for Official Statistics (R.63/2015). All data produced by the Statistics Unit are freely available via the Statistics Unit’s website www.gov.je/statistics, which was established in August 2004 and the ILO Statistics Bureau was informed. Statistics in Jersey are compiled in line with UK guidelines with allowance made for local factors (such as lower frequency of reports, a smaller number of economic sectors and local definitions surrounding employment qualifications). Each of the Statistics Unit’s reports contain a brief outline methodology in the Annex.

The independence of the Statistics Unit is overseen by a Statistics Users Group which is made up of representatives of a wide cross selection of organisations (including Workers and Employer’s organisations) which operate in Jersey. The Statistics Users Group replaced the Joint Advisory Council in September 2000.

Article 5

The following statistical information is published relevant to the Article:

Labour Market Report – published 6 monthly by the Statistics Unit covering 30th June and
31st December. It contains a breakdown of employment by economic sector, including full- and part- time employment and Jersey’s own qualification classification in terms of length of residency. The information is collected via a census of all companies on the island who are obliged to make such returns under the Control of Housing and Work (Jersey) Law. The methodology is described in the Annex to the report. The report is published on the Statistics Unit website www.gov.je/statistics.

Unemployment – published monthly by the Statistics Unit from data compiled and administered by the Social Security Department; there is no legal requirement for unemployed residents of Jersey to register as actively seeking work. The report is published on the Statistics Unit website www.gov.je/statistics.

Census – the latest census was run in 2011. The results are published on the Statistics Unit website www.gov.je/census.

The Jersey Annual Social Survey (JASS) has been undertaken every summer since 2005 (except for 2011 when the Jersey Census was held in the same year). It provides an estimate of ILO unemployment on an annual basis.

Retail Prices Index (Article 12): published quarterly by the Statistics Unit. The report is published on the Statistics Unit website www.gov.je/inflation..

Index of Average Earnings (Article 9): published annually in August each year by the Statistics Unit. The report is published on the Statistics Unit website www.gov.je/earnings.

A Household Spending and Income Survey took place in 2014/2015 and results are due to be published towards the end of 2015.The previous Household Spending and Income Survey took place in 2009/10 and the Statistics Unit have published an Income Distribution report and a Household Expenditure report based on its results, as well as accompanying methodology. The reports are published on the Statistics Unit website www.gov.je/spendingsurvey.

Article 6

The compilation and publication of the majority of official statistics in Jersey is undertaken by the Statistics Unit (the notable exceptions in terms of Article 22 are data relating occupational injuries and industrial disputes).

Article 7

The number of people who are unemployed and registered as actively seeking work are published monthly by the Statistics Unit from data compiled and administered by the Social Security Department, there is no legal requirement for unemployed residents of Jersey to register as actively seeking work. The report is published on the Statistics Unit website www.gov.je/statistics

A Census was undertaken in 2011 which updated information on ILO defined unemployment.

In the summer each year since 2005, the Statistics Unit have undertaken the Jersey Annual Social Survey, which estimates the ILO defined unemployment on an annual basis.

As per the direct request, the methodology for the Jersey Annual Social Survey can be found in the Annex to the most recent report, available on the Statistics Unit website at: www.gov.je/JASS.

Article 8

Statistics of the structure and distribution of the economically active population are available from the 2011 Census and are published on the Statistics Unit website www.gov.je/census.

Article 9

The Statistics Unit publishes the Index of Average Earnings annually (for June) on the Statistics Unit website www.gov.je/earnings. Information on the change of average earnings as well as the level of mean average weekly earnings (per full time equivalent worker) are published overall and for individual business sectors. The coverage of this survey extends to around half of all workers in Jersey.

As part of the 2012 and 2013 rounds of the Jersey Average Earnings Survey, information was collected on the number of workers earning on or around the Jersey minimum wage.

Information on hours worked was collected in the 2011 Jersey Census and the results are available at www.gov.je/census.

Article 10

The annual Index of Average Earnings reports on the wage rates per sector, published on the Statistics Unit website www.gov.je/earnings.

Article 11

The finance industry accounts for more than two-fifths of Jersey’s total Gross Value Added. An annual survey of financial institutions is undertaken by the Statistics Unit each spring. The survey includes information on labour costs for the sector (and sub sectors: Banking, Trusts and Company Administration, Fund Managers, Accountants and legal). The report is published on the Statistics Unit website www.gov.je/statistics.

Article 12

Retail Prices Index (Article 12): published quarterly by the Statistics Unit. Retail prices indices for Low Income Households and Pensioner Households have been compiled since 2007, also on a quarterly basis. The report is published on the Statistics Unit website www.gov.je/inflation. Methodological notes are provided in the Annex to the report.

The coverage of the RPI is kept up to date through a 5-yearly Household Expenditure Survey with supplementary information used, including keeping abreast of changes to the UK consumer and retail price indices, to capture fast developing trends. The latest review of the basket of goods and services took place in 2013 using information collected from the 2009/10 Jersey Household Spending Survey. Methodological notes for the Household Expenditure Survey are provided in the Annex to the 2009/10 Household Spending Report, available at:

www.gov.je/spendingsurvey.

The report published for the 2007 Review of the Basket of Goods and Services describes the review process and explains how and why the various items in the RPI basket are chosen. The report is available at www.gov.je/inflation.

Article 13

A Household Spending and Income Survey was carried out in 2014/2015 and the results are due to be published towards the end of 2015.The previous Household Spending and Income Survey took place in 2009/10 and the Statistics Unit have published an Income Distribution report and a Household Expenditure report based on its results, as well as accompanying methodology. The reports are published on the Statistics Unit website www.gov.je/spendingsurvey.

Article 14

Statistics relating to occupational injury and ill health are contained in the Annual Report of the Health and Safety Inspectorate. The statistics are representative of Jersey as a whole, covering all branches of economic activity.

Annual Reports dating from 2003 are available on the website.

www.gov.je/Government/Departments/SocialSecurity/HealthSafetyInspectorate/Pages/Reports.aspx

Article 15

Information about employment disputes that are reported to the Jersey Advisory and Conciliation Service and the Jersey Employment and Discrimination Tribunal are compiled and publicised by each body in their respective annual reports. The reports give details of all employment disputes in Jersey that have been referred to those bodies, covering all branches of economic activity. The services of both bodies are available to employers of all sizes and sectors in Jersey and the statistics are representative of the Island as a whole.

www.jacs.org.je/media/90015/jacs-annual-report-2014.pdf

www.jerseyemploymenttribunal.org/media/1060/annual-report-2014.pdf

Annual reports for the reporting years prior to 2014 can be found on the States Assembly website.

www.statesassembly.gov.je/Pages/Reports.aspx

Copies of this report have been shared with Unite the Union and the Jersey Chamber of Commerce.

[1] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/442353/MGN_480_Shipowner_liability_-_Gov.pdf

[2] Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

[3] ibid

[4] Op cit