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WQ.263/2024
WRITTEN QUESTION TO THE MINISTER FOR SOCIAL SECURITY BY DEPUTY M.B. ANDREWS OF ST HELIER NORTH
QUESTION SUBMITTED ON TUESDAY 16th JULY 2024 ANSWER TO BE TABLED ON TUESDAY 23rd JULY 2024
Question
"Will the Minister advise what consideration, if any, has been given to legislating for a maximum number of hours to be worked by a person across a designated period of time and, if no consideration has been given, why not; and will the Minister further advise whether she is aware of any cases involving the exploitation of workers who are forced to work long hours?"
Answer
On coming into office, I sought to identify areas where Jersey employment legislation is lagging behind other countries. I am also prioritising the existing decisions of the Assembly including, in this area, a review to identify appropriate whistleblowing protection for local employees.
Whereas it is true that there is no local legislation in respective of maximum working hours, we do have protection for employees in term of rest breaks during a working day, rest days across a weekly cycle and paid annual leave. Each of these applies to all employees from the first day of employment.
Employers are also subject to a common law duty of care towards their employees, including the duty to take reasonable steps to safeguard their employees' health and safety. The overriding requirement is to balance protections and rights with sufficient workplace flexibility for businesses and employees in Jersey. I am confident that the law as it currently stands strikes a good balance.
I am not aware of any cases of the exploitation of an employee in terms of hours worked. If the Deputy has such evidence, I encourage him to provide details so it can be investigated. However, in the absence of any local issues being raised, at present this is not an area that I am earmarking for review.
In my evidence to the Scrutiny Panel in May 2024 I discussed various areas where I will be looking to update employment protection including improved compensation awards to employees and a future review to consider the provision of statutory leave to support workers who are ill or have caring responsibilities.