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Zero-Hour Contracts: Regulation (P.100/2013): Amendment

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.

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  • 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

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A decision made 16 September 2013:

Decision Reference: MD-S-2013-0089

Decision Summary Title :

Zero hour contracts Lodge amendment P100 2013

Date of Decision Summary:

16 September 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 :

Zero hour contracts Lodge amendment P100 2013

Date of Written Report:

16 September 2013

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

 

Public

Subject:  Amendment to P.100/2013 Zero-hour Contracts: Regulation

Decision(s): The Minister decided to lodge an amendment to P.100/2013 and instructed the Policy Principal to arrange for the amendment to be lodged on 17 September, for the scheduled States debate on 24 September 2013.             

Reason(s) for Decision: In addition to simplifying the Proposition, the main reasons for the proposed amendments are as follows;

-          The Minister has responsibility for the relevant legislation (the Employment (Jersey) Law 2003) and so, with the agreement of the Chief Minister, the responsibility has been attributed solely to the Minister.

-          The Statistics Unit is independent of the Chief Minister and there is no requirement for the Chief Minister to have specific oversight of the collection of this data.

-          Deputy Southern states in his accompanying report that the Proposition asks the Chief Minister to “consider whether regulation is needed, and if so, to bring such regulations”. The Proposition in fact asks the Chief Minister to create a regulatory system to control zero hours contracts, irrespective of whether any need to do so has been established by parts (a) and (b), and irrespective of whether the use of such contracts is genuine.

-          Paragraph (c) of Deputy Southern’s Proposition would require the Minister to work with the Jersey Advisory and Conciliation Service (JACS). This is replaced in the new paragraph (c) with a requirement to consult stakeholders generally.  Whilst JACS input will be valuable, other stakeholders would be consulted, including trade unions and employers’ associations.

Resource Implications: The proposed amendment to the Proposition brings no additional resource implications. With regard to the Proposition itself, an impact study, as described in paragraph (b), is expected to be achieved by the commissioning of independent research which would bring a cost. Until the scope of the impact study has been more clearly defined and data has been collected in accordance with paragraph (a), it is not possible to estimate the cost of paragraph (b). 

Action required:  Policy Principal to request the Greffier of the States to arrange for the amendment to P.100/2013 to be lodged “Au Greffe” on 17 September 2013.

Signature:

 

 

Position:

Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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