TERMINATION OF EMPLOYMENT MINIMUM PERIODS OF NOTICE (JERSEY) LAW 1974

Transcription

1 TERMINATION OF EMPLOYMENT MINIMUM PERIODS OF NOTICE (JERSEY) LAW 1974 Revised Edition Showing the law as at 31 August 2004 This is a revised edition of the law

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3 Termination of Employment Minimum Periods of Notice (Jersey) Law 1974 Arrangement TERMINATION OF EMPLOYMENT MINIMUM PERIODS OF NOTICE (JERSEY) LAW 1974 Arrangement Article 1 Interpretation Minimum period of notice Computation of period of employment Change of employer Rights of employee Savings Power to amend Law Citation... 9 Supporting Documents ENDNOTES 10 Table of Legislation History Table of Endnote References Revised Edition 31 August 2004 Page - 3

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5 Termination of Employment Minimum Periods of Notice (Jersey) Law 1974 Article 1 TERMINATION OF EMPLOYMENT MINIMUM PERIODS OF NOTICE (JERSEY) LAW 1974 A LAW to require minimum periods of notice to be given by employers or employees to terminate an employment and to make provision for related wage payments Commencement [see endnotes] 1 Interpretation In this Law, unless the context otherwise requires collective agreement means an agreement which has been settled by machinery of negotiation or arbitration to which the parties are organisations of employers and of workers representative of substantial proportions of the employers and workers engaged in the trade or industry concerned; lock-out means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by the employer in consequence of a dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by the employer, to accept terms or conditions of or affecting employment; strike means the cessation of work by a body of persons employed acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer or any person or body of persons employed, or to aid other employees in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment. Revised Edition 31 August 2004 Page - 5

6 Article 2 Termination of Employment Minimum Periods of Notice (Jersey) Law Minimum period of notice (1) Subject to the provisions of Article 6, unless otherwise agreed by the employer and the employee at the time of an employment commencing or unless there exists a collective agreement to which the employer is a party and by which an employee by reason of being an employee of such employer is covered as to the employee s terms and conditions of employment, in any case where an employee works for an employer for a minimum of 21 hours a week the minimum period of notice to be given by either the employer or the employee to terminate such employment shall be one week. (2) Subject to the provisions of Article 6, the notice required to be given by an employer to terminate the employment of a person who has been continuously employed for 26 weeks or more (a) (b) (c) (d) (e) shall be not less than 2 weeks notice if the person s period of continuous employment is less than 2 years; shall be not less than 4 weeks notice if the person s period of continuous employment is 2 years or more but less than 5 years; shall be not less than 8 weeks notice if the person s period of continuous employment is 5 years or more but less than 10 years; shall be not less than 12 weeks notice if the person s period of continuous employment is 10 years or more but less than 15 years; and shall be not less than 16 weeks notice if the person s period of continuous employment is 15 years or more. 1 (3) Subject to the provisions of Article 6, the notice required to be given by an employee who has been continuously employed for 26 weeks or more to terminate the person s employment (a) (b) shall be not less than 2 weeks notice if the person s period of continuous employment is less than 5 years; shall be not less than 4 weeks notice if the person s period of continuous employment is 5 years or more. 2 (4) Where notice is given on a pay day the notice shall commence from that day, and otherwise shall commence from the next following pay day on which an employee would be ordinarily or customarily paid. 3 Computation of period of employment (1) Except so far as otherwise provided by the following provisions of this Article, any week which does not count under paragraphs (2) to (5) breaks the continuity of the period of employment. (2) Any week in which the employee is employed for 21 hours or more shall count in computing a period of employment. (3) Any week during the whole or part of which the employee s relations with the employer are governed by a contract of employment for 21 hours or more weekly shall count in computing a period of employment. (4) In any week the employee is, for the whole or part of the week Page - 6 Revised Edition 31 August 2004

7 Termination of Employment Minimum Periods of Notice (Jersey) Law 1974 Article 4 (a) (b) (c) incapable of work in consequence of sickness or injury; absent from work on account of a temporary cessation of work; or absent from work in circumstances such that, by arrangement or custom, the employee is regarded as continuing in the employment of the employee s employer for all or any purposes, that week shall, notwithstanding that it does not fall within paragraph (2) or (3), count as a period of employment. (5) If a period of employment has been terminated by dismissal or otherwise and another period of employment is created by re-engagement the 2 periods will be regarded as one period if they are linked by up to 26 weeks during which the employee is incapable of work in consequence of sickness or injury. (6) Paragraph (4)(b) shall not apply to a temporary cessation of work on account of a strike in which the employee takes part. (7) A week shall not count under paragraphs (2) to (6) if in that week, or any part of that week, the employee takes part in a strike. (8) The continuity of an employee s period of employment shall not be broken by a week which does not count under this Article if in that week, or any part of that week, the employee takes part in a strike. (9) The continuity of the period of employment is not broken by a week which does not count under this Article if, in that week, or any part of that week, the employee is absent from work because of a lock-out by the employer. 4 Change of employer (1) Subject to the provisions of this Article and of Article 5, the provisions of this Law relate only to employment by the one employer. (2) If a trade or business or an undertaking is transferred from one person to another, the period of employment of an employee in the trade or business or undertaking at the time of the transfer shall count as a period of employment with the transferee, and the transfer shall not break the continuity of the period of employment. (3) If on the death of an employer the employee is taken into the employment of the personal representatives of the deceased, the employee s period of employment at the time of the death shall count as a period of employment with the employer s personal representatives and the death shall not break the continuity of the period of employment. (4) If there is a change in the partners or personal representatives who employ any person, the employee s period of employment at the time of the change shall count as a period of employment with the partners or personal representatives after the change, and the change shall not break the continuity of the period of employment. (5) If an employee of a company is taken into the employment of another company which, at the time when the employee is taken into its Revised Edition 31 August 2004 Page - 7

8 Article 5 Termination of Employment Minimum Periods of Notice (Jersey) Law 1974 employment is an associated company of the first-mentioned company, the employee s period of employment at that time shall count as a period of employment with the associated company and the change of employer shall not break the continuity of the period of employment. 5 Rights of employee (1) The remuneration payable during the period of notice by an employer or recoverable by the employer where an employee terminates the employment without the requisite notice provided for by this Law shall be that which was applying immediately before the notice to terminate the employment was given by the employer or the employee left without giving the requisite notice, as the case may be. (2) Where bonus payments or gratuities of any kind have been agreed at the time of commencement of an employment as forming part of an employee s remuneration, to be paid either weekly or at other intervals or periods of time, an employee shall be entitled to receive a pro rata payment at the termination of the employee s employment unless such employment has been terminated by the employer under the provisions of Article 6 or the employee agreed at the time of commencing the employment or before the coming into force of this Law that no bonus or gratuity nor any part of such bonus or gratuity would become payable to the employee until after a specified period of employment had been completed, and the employee himself or herself terminates the employment before completing the specified period. (3) Where an employer and an employee have agreed a scale of paid holidays to operate during an employment (a) (b) an employee shall be entitled to receive, on termination of that employment, such proportionate part of the paid holiday as the employee has not already taken under the agreed scale or be entitled to receive payment in lieu equivalent to the holiday pay calculated at plain time rate that the employee would have received had the paid holiday been taken immediately before the employment terminated: Provided that the employee shall not be so entitled in any case where the employment is terminated by the employer in the circumstances mentioned in Article 6(3); if an employee having taken the employee s paid holiday in any year terminates the employment during that year the employer shall be entitled to receive from the employee payment equivalent to the pay of the employee calculated at plain time rate during that proportion of the holiday period as the unexpended part of the year bears to the whole year. 6 Savings (1) Nothing in this Law shall apply where a fixed term apprenticeship or a fixed term contract of employment is entered into by an employer and an employee. Page - 8 Revised Edition 31 August 2004

9 Termination of Employment Minimum Periods of Notice (Jersey) Law 1974 Article 7 (2) Nothing in this Law shall affect the right of either party from waiving the party s rights to notice or from making or accepting payment in lieu of notice. (3) Nothing in this Law shall affect the right of either party to terminate the employment without notice if the behaviour of the other justifies such termination. (4) Nothing in this Law shall have effect on and after the day next following that on which an employee attains the age of 65 years in the case of a male and 60 years in the case of a female. 7 Power to amend Law The States may by Regulation amend any of the periods of time, whether expressed in hours, weeks or years, mentioned in this Law. 8 Citation This Law may be cited as the Termination of Employment Minimum Periods of Notice (Jersey) Law Revised Edition 31 August 2004 Page - 9

10 Endnotes Termination of Employment Minimum Periods of Notice (Jersey) Law 1974 ENDNOTES Table of Legislation History Legislation Year and No Commencement Termination of Employment L.10/ January 1975 Minimum Periods of Notice (Jersey) Law 1974 Termination of Employment Minimum Periods of Notice (Jersey) Regulations 1994 R&O May 1994 Table of Endnote References 1 Article 2(2) amended by R&O Article 2(3) amended by R&O.8685 Page - 10 Revised Edition 31 August 2004