Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Migration for Employment Convention (Revised), 1949 (No. 97) - Jersey

Article 6 of the Convention. Equality of treatment. Social security. With respect to its previous comments concerning equal treatment between nationals and non-nationals under contributory and non-contributory benefits schemes, the Committee notes the Government’s confirmation that nationality cannot be used as an eligibility criterion for participation in such schemes.

Equality of treatment. Minimum wage. The Committee notes the adoption of the Employment (Jersey) Law, 2003, which came into effect in July 2005 and which applies to all employees who are working wholly or mainly in Jersey. According to the Government, the provisions on minimum wages and paid holidays of the law apply to all employees irrespective of their nationality, race, religion or sex. The Committee notes that section 17(7) and (8) prohibit differential treatment with respect to minimum wages in relation to different racial groups or gender and that “racial groups” means a group of persons identified by reference to colour, race, nationality, ethnic or national origin; religion, however, is not covered by the provisions of the Employment (Jersey) Law 2003. Recalling that Article 6 of the Convention also prohibits less favourable treatment between nationals and migrant workers with respect to religion, the Committee asks the Government to confirm that religion cannot be used as a ground for differential treatment, and to indicate the relevant legal provisions. The Committee also asks the Government to provide information on the implementation of the policy and legislation concerning equal treatment of foreign and national workers with respect to the other matters covered by Article 6(1)(a)–(d) of the Convention.

Scope of protection. Private household employees. The Committee notes that pursuant to section 1(5)(a) of the Employment (Jersey) Law, 2003, the law does not apply to the employment of a person under which the person’s work relates to the employer’s family household where: (i) the employee resides in the family home of the employer; (ii) the employee is treated as a member of the family with respect to accommodation and meals and tasks and leisure activities; and (iii) is not liable to any deduction or to make any payment to the employer as regards living accommodation and meals; or (b) where (i) the employee is a member of the employer’s family, (ii) resides in the family home, and (iii) shares in the tasks and activities of the family and the employee’s work is done in that context. The Committee asks the Government (a) to provide statistical information, disaggregated by sex and nationality, on the numbers of national and foreign workers employed in private households; and (b) to indicate how migrant workers in private households are being protected against less favourable treatment irrespective of race, nationality, religion and sex with respect to minimum wages  and paid holidays.

Annex II and Article 3. Private recruitment agencies and misleading propaganda. The Committee notes the Employment Agencies (Registration) Code of Conduct (Jersey) Order, 1970, issued under the Employment Agencies (Registration) (Jersey) Law, 1969. It notes that section 4(2) of the Order prohibits agents or persons acting on their behalf “with intent to deceive falsely describe the nature, locality or conditions of any employment or the wages offered in connection therewith or the qualifications, character, age or experience of or the wages required by any applicant for employment or make any other representation false in any material particular regarding any employment or applicant for employment”. The Committee notes that complaints regarding unsatisfactory agency service may be put before the Minister (section 15). The Committee asks the Government to provide information on the nature and number of complaints received against agencies pursuant to sections 4(2) and 15 of the Employment Agencies (Registration) Code of Conduct (Jersey) Order 1970. Please also indicate any other measures taken to prevent and suppress misleading propaganda on the migration process in accordance with Article 3 of the Convention.

Articles 3, 4 and 6. Misleading propaganda and equality of treatment. Measures to facilitate departure. The Committee notes that pursuant to section 11 of the Employment Agencies (Registration) Code of Conduct (Jersey) Order, 1970, an agent wanting to employ a female person outside Jersey must be in possession of written information obtained from a responsible person or society testifying to the satisfactory nature of the proposed employment. When this concerns the employment in any theatre music hall, café or other similar place or film production, the agent must also have proof of the bona fides of the proposed employer and of any person representing himself or herself as acting for such employer. The Committee recalls Article 4 of the Convention requiring ratifying States to take measures to facilitate departure of men and women migrants. The Committee also recalls that non-discrimination and equality of treatment, including between male and female migrant workers, is one of main principles of the Convention. While acknowledging the Government’s efforts to protect women migrant workers against misleading propaganda and abuse, the Committee considers that the abovementioned provisions put disproportionate restrictions on women wishing to migrate for employment using private agencies, such restrictions not being imposed with respect to male migrants. The Committee refers the Government to the non-binding guidelines of ILO Multilateral Framework on Labour Migration which, while calling for measures to prevent discrimination and abuse by private agencies, also call upon ILO member States to adopt gender-sensitive labour migration policies. The Committee hopes that the Government will consider reviewing section 11 of the Employment Agencies (Registration) Code of Conduct (Jersey) Order 1970 in order to reflect equality of treatment between men and women migrant workers with respect to the migration process. It encourages the Government to adopt gender-sensitive measures to facilitate the departure of both men and women migrants and avoid unnecessary restrictions on the employment of women nationals abroad.