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The amendment of legislation preventing employees using tips to top up minimum wage pay

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WRITTEN QUESTION TO THE MINISTER FOR SOCIAL SECURITY BY DEPUTY G.P. SOUTHERN OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY 19th JANUARY 2010

Question

Will the Minister be amending legislation to prevent employers from using tips to top up minimum wage pay, in accordance with the Employment Forum's 2010 recommendation on minimum wage rates, and if so when will he do so, and, if not, why not?

Answer

This information is already in the public domain.

On 27th October 2009, the Employment Forum recommended that the minimum wage legislation "should be amended, as in the UK, to prevent employers from using tips to top up minimum wage pay. The Forum recommends that this change should be effective from 1st April 2011, giving employers a year's notice to change any existing practices."

I issued my response to the Forum's recommendations on 2nd November 2009 (MD-S-2009-0063) which stated my approval of that recommendation. The legislation will be amended at the appropriate time for enactment on 1st April 2011.