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Employees should get three weeks' holiday by law, report says

Employees should get three weeks' holiday by law, report says

Saturday 27 March 2021

Employees should get three weeks' holiday by law, report says

Saturday 27 March 2021


Employees in Jersey should be entitled to a minimum of three weeks off per year by law, a new report has concluded.

The recommendation came from the Jersey Employment Forum, which also said that workers should be legally entitled to a minimum rest break of 15 minutes every six hours.

The Forum's report, which was based on discussions with 303 different businesses, individuals and organisations, states that the changes to both the annual leave and statutory work breaks should come no later than January 1 2022.

It notes that, as it currently stands, "Jersey lags behind other jurisdictions in the amount of statutory annual leave entitlement that is currently provided."

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Pictured: The report was first commissioned by the Social Security Minister in 2019, but was delayed by covid.

The report was first commissioned in 2019 by Social Security Minister Judy Martin in 2019 to consult and consider

  • removing the provision relating to public and bank holidays to provide that employees are entitled to a specific number of weeks of statutory annual leave, which may include public and bank holidays,
  • and raising the statutory requirement for unpaid breaks to 20 minutes.

However, its conclusion and release was delayed by the pandemic.

The panel did not advise the “pooling” or “potting” of statutory annual leave and public and bank holidays.

Explaining their reasons, the Forum cited "a lack of demand" from employers and employees, and a need to "have as simplified and transparent a system as possible" in a small island jurisdiction.

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Pictured: The Forum decided not to recommend 20-minute breaks for employees, but to continue with the standard of 15 already frequently encountered across the island.

Addressing why they made a break recommendation of 15 minutes rather than 20, the Forum said it was "because, after studying the responses to consultation, the former appears to be at the level most frequently operated by businesses in Jersey."

Around two in five employees the Forum spoke to said their breaks were paid, while three in five said theirs weren't - this was in comparison to employers, for whom three in five said their rest breaks were paid, as opposed to two in five who said they were unpaid.

The Forum warned they would be "disappointed" to see employers engaging "in a 'race to the bottom' in seeking to vary the terms of employment contracts to comply with the proposed bare statutory minimum of 15 minutes in a six-hour or more period."

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Pictured: Jersey Law currently only requires employers give two weeks of annual leave.

Carla Benest, the Chair of the Employment Forum, said: “The present statutory annual leave entitlement of two weeks has been in place since 2005, and there is currently no statutory entitlement to a minimum working day rest break.

"The Forum’s view is that it is now right to recommend these changes, to help modernise Jersey’s employment practices.

"The Forum is very grateful to all those who responded to our consultation exercise; more than 300 individuals and organisations gave us their views.

"We have considered them very carefully. We know that the last year has been difficult for many businesses in the Island, but we take the view that our recommendations are an important part of the drive to promote family friendly policies and to help create a good work/life balance within our Island community.”

In response to the findings, Social Security Minister Deputy Judy Martin said: “I want to thank the Employment Forum for their work in developing these proposals.

"It’s important for me now to take the time to reflect on them and give careful consideration as to the impact the proposed changes might have on business and family life in the island.”

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