Children under 13 could be banned from working, while teenagers would face new restrictions on the types of work they can do, under proposals to overhaul Guernsey’s century-old child labour rules.

The changes would introduce the island’s first general minimum working age, alongside new protections for striking workers and trade union members.

Deputy Tina Bury, President of Employment & Social Security (ESS), said the changes would bring stronger protections while allowing the island to shape the rules around its own employment culture.

“It is important that Guernsey provides high standards of protection to its workers, especially its young workers, while also recognising the important role of trade unions in representing those across the relevant sectors,” she said.

Closing a century-old legal gap

At the moment, Guernsey has no specific rules to stop children below a certain age working.

Instead, it relies on laws going 100 years (1917 and 1926), which largely limit children under 16 from working in industries such as quarrying and heavy industry.

Under the proposed ‘Employment of Children (Guernsey) Ordinance, 2026’, the rules would be overhauled with clear age-based restrictions:

  • Under 13: A complete ban on formal employment. Household chores and informal odd jobs, such as washing a neighbour’s car for pocket money, would remain exempt.

  • 13 to compulsory school-leaving age: Children could only undertake ‘light work’ which does not harm their health or development or interfere with their education. The precise definition will be developed through consultation.

  • School-leaving age to 17: Young people could undertake general full-time or part-time employment.

  • 18 and over: The minimum age for hazardous work considered likely to jeopardise the health, safety or morals of young people. However, 16- and 17-year-olds could undertake such work as part of a properly supervised and trained programme, such as an apprenticeship.

ESS would also gain powers to set maximum working hours, restrict night and daytime working, and require rest breaks for under-18s.

Breaching the new rules would be a criminal offence, punishable by a fine of up to Level 5 on the uniform scale.

Updated inspection powers would also be introduced for authorised officers and police.

New strike protections

The reforms would also give trade unions new protections, including a statutory framework for strike action, while introducing stricter rules around ballots.

Under the proposed amendments to the ‘Industrial Disputes and Conditions of Employment (Guernsey) Law’, workers in non-essential services and recognised trade unions would receive protection from breach-of-contract damages and tort liability when taking part in lawful industrial action.

Those protections would depend on unions following balloting requirements set out in approved codes of practice.

Unions acting outside the rules could face damages of up to £40,000, a higher cap than the £10,000 limits in Jersey and the Isle of Man.

ESS would also be able to define ‘essential services’, where strike action could endanger public health or safety, and introduce restrictions following public consultation.

A separate amendment to Guernsey’s 2022 anti-discrimination legislation would make trade union membership and activity a protected ground.

Employers would be prohibited from refusing to hire someone, dismissing them or denying them promotion because of their union membership or activities. They would also be unable to make employment conditional on someone not joining, or leaving, a trade union.

Why are the laws changing?

The reforms are required as part of Guernsey’s participation in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a free trade agreement involving countries including Australia, Canada, Japan and New Zealand.

Guernsey already benefits from preferential tariffs for manufacturers under the agreement, but must bring its employment laws into line with international labour standards to unlock further benefits covering financial services, trade in services and investment.

The States Assembly has been given permission to debate the three Ordinances under expedited procedures in December, ahead of the end-of-year deadline for putting the required legislation on the statute book.

However, approval will not mean the new laws take effect immediately.

Consultation with businesses, trade unions and islanders will take place in 2027 to shape the detailed regulations before they come into force.