Jersey’s work permit system could be overhauled to “give power back to the individual” under a plan put forward by the politician leading a review into whether the current policy provides adequate protection from exploitation.
Work Permit Holder Welfare Review Panel chair Deputy Beatriz Porée proposed the changes after sitting politican Deputy Philip Ozouf avoided a jail sentence earlier this month after admitting five breaches of the island’s immigration laws relating to the employment of Rwandan nationals at his home and business.
Deputy Porée is calling for a review – to be completed and published by June 2027 – into the feasibility of issuing work permits in the employee’s name instead of their employer.
“They are trapped into that position”
“A migrant worker who comes to the island has no ability (except for specific cases) to change their employer,” she explained.
“They are trapped into that position, and I have spoken to many migrant workers who are too afraid to speak out, who have no options but to continue in the position they find themselves.”
Work permits would still be tied to a specific industry and be be time-limited, and workers would still need an offer of employment as well as checks and other requirements before coming to Jersey.
The current system “can lead migrant workers into servitude where every aspect of their lives is run by their employer”, said Deputy Porée.
“If you don’t like it, there is a boat in the morning”
She added: “We often hear: ‘If you don’t like it, there is a boat in the morning’. Not only is this extremely economically short sighted, but it is also not usually an option for migrant workers.
“They are brought to the island tied into contracts and often owing money to employers – they are left with the option of a boat in the morning that they cannot afford, to return home with outstanding debts they will struggle to pay off.”
The second part of her proposition calls for Jersey to implement the “Employer Pays Principle”, ensuring that migrant workers are not charged recruitment fees or related costs either directly or indirectly.
Deputy Porée added that workers are often trapped in “debt bondage” – having paid a fee to a recruitment agency, and being stuck in their jobs to pay it back.
Established international guidance and principles say that no fees should be charged to migrant workers, she wrote.
The ‘Employer Pays Principle’
Deputy Porée added that adopting the Employer Pays Principle “not only protects workers from servitude but also promotes the island as a fair and aspirational workplace”.
The government confirmed that dedicated modern slavery legislation will be brought forward in Jersey just days after the sentencing of Ozouf prompted renewed scrutiny of the island’s worker protection laws.
The former External Relations Minister “subverted” the work permit system, Crown Advocate William Redgrave told the Royal Court, adding that there was a possible “degree of exploitation”.
The case led to calls from across the community for a review of Jersey’s employment and safeguarding framework with strengthened legal protections for vulnerable workers.
Deputy Porée said modern slavery legislation was “long overdue”, and that work permits and recruitment costs were “two other significant elements” of the problem.
The proposition will be debated in the States Assembly at the earliest on 24 March.