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ADVISORY BOOKLET

 

The Requirements of  The Conditions of

Employment (Guernsey) Law, 1985

BOARD OF INDUSTRY

 

Notes for Guidance Regarding Certain Requirements of

The Conditions of Employment (Guernsey) Law, 1985

 

These notes are for general guidance only. 
They are not intended to give guidance on all the requirements
of the Law, nor are they intended in any way as representing a
statement of Law.

 

1.    It is the responsibility of every employer to know and observe
the provisions of the Law.  Copies are available from the Greffe,
Royal Court House, St. Peter Port, Guernsey.

 

2.    The Law lays a duty on every employer to give to each eligible
employee a written statement containing details of the main terms
and conditions of employment.

 

3.    The written statement must specify the names of the employer
and employee and the date when the employment commenced.

 

4.    The statement must also provide details on the following
terms and conditions of employment:

 

(a)     the scale or rate of remuneration, or the method of
calculating remuneration (including overtime rates, shift pay
and other pecuniary benefits);

 

(b)     the intervals at which remuneration is paid (that is,
whether weekly, monthly or by some other period);

 

(c)     any terms and conditions relating to hours of work
(including any terms and conditions relating to normal working hours);
 

(d)     any terms and conditions relating to-

(i)    entitlement to holidays, including public holidays,
and holiday pay (the particulars given being sufficient to
enable the employee's entitlement, including any entitlement
to accrued holiday pay on the termination of employment,
to be precisely calculated);

(ii)   incapacity for work due to sickness or injury,
including any provision for sick pay;

(iii)  pensions and pensions schemes;

(e)     the length of notice which the employee is obliged to give
and entitled to receive to determine his contract of employment or
(if the contract is for a fixed term) the date of expiry; and

(f)     the title of the job which the employee is employed to do.

5.       The terms and conditions of employment referred to in the
written statement must be the                                                                                                                                                                         actual terms and conditions under which the employee is employed at a particular date; that         

          date must not be more than one week before the statement
is given to the employee.

6.       It is important to realise that the Law does not lay down
any minimum terms and conditions of employment which are to be
provided by the employer (e.g. amount of sick pay, holiday pay,
wages etc.).  The Law simply requires employers to record in
writing the details of the agreement reached with their employees
on the main terms and conditions under which they are employed.

7.       The use of written statements is designed to ensure that
both the employer and employee are fully aware of their respective
rights and obligations.  This will in turn assist with the
avoidance of any disagreements which might occur at some time in
the future over the terms and conditions of employment -
any disagreements can be easily resolved by reference to the
statement.

8.       The duty to provide written statements applies to both
new and existing employees.  In the case of a new employee,
the statement must be given within 4 weeks of commencement of the
employment.

9.       At the present time employers do not have to provide
written statements to those employees whose hours of work are
normally less than fifteen hours weekly.  However, in the
interests of good industrial relations and to ensure both
parties are aware of their respective rights and obligations
from the outset of the employment, employers are strongly
advised to issue all employees with written statements
irrespective of the number of hours they work. 
In addition, where practicable, employers are also
recommended to issue the statements on or before the
employee's first day at work.

10.     The requirements of the Law as mentioned in paragraphs
3 and 4 above do not apply if an
          employee has a written contract of employment which
includes all the details covered by
          those paragraphs provided that the employee has been
given a copy of the contract or is

          given reasonable opportunities to read a copy in the
course of his employment or one is
          made reasonably accessible to him/her.  In all cases
the copy must be kept up to date.

11.     Where any material change occurs to the original terms
and conditions of employment as
          set out in the written statement or contract of employment,
the employer is under an
          obligation to provide the employee with written
particulars of the change(s) within a period

          of 4 weeks from the change occurring or alternatively
to issue the employee with a revised

          and updated written statement.

12.    A written statement as set out in paragraphs 3 and 4 above
may, for all or any of the   

         particulars to be given in the statement, refer the employee
to some other document which

         the employee has reasonable opportunities of reading in
the course of the employment or

         which is made reasonably accessible to him/her in some
other way (e.g. notice-board).

13.   A written statement could, for example, name the employer
and employee, give the job title    

         and date on which the employment began and then state
"All other terms and conditions are

         in accordance with the Annual Agreement between the
Employers' Association and the

         Union, a current copy of which is displayed on the staff
notice-board".  That is, of course,

         provided the Agreement covers all the other terms set out
in paragraphs 3 and 4.

14.   In addition to providing a written statement of the main
terms and conditions of employment

        there is now also a legal requirement for the employers
to provide every employee with a

        detailed statement of pay (wage slip), irrespective of
the hours the employee works.

15.   An employee's wage-slip must contain the following detail:

(a)      the gross amount of wages/salary paid;

(b)      the amount of each deduction;

(c)      the reason for each deduction (e.g.: tax, insurance,
board and lodgings etc.);

(d)      the total amount of all deductions;

(e)      the net amount of wages/salary paid after the deductions
have been made;

(f)       the date on which the net amount of wages/salary is to
be paid.

In addition, the statement of pay must be written and legible
(preferably typed).

It should be noted that the gross pay mentioned in
(a) above must include payments for overtime,

shift work and any other pecuniary benefit.

16. THE ATTENTION OF ALL EMPLOYERS IS DRAWN TO THE FOLLOWING:-

(a)     There is a maximum penalty of 2,500 where an employer
fails to issue written statements or keep them up to date in
accordance with the provisions of the Law;

(b)     and a maximum penalty of 2,500 where an employer does
not issue all employees with wage slips detailing all earnings
and deductions.

17.  Attached to these guidance notes are four forms:

FORM 1 is an example of a possible form for use as a
written statement by an employer.  It shows the form that the
written statement could take and includes all the items relating
to each of the terms of employment as required to be given by an
employer under The Conditions of Employment (Guernsey) Law, 1985.

FORM 2 is an example of a possible form of receipt.  This confirms
that the employee has received a copy of the written statement.

FORM 3 is the same as FORM 1 but with the various headings left
blank.

FORM 4 is an example of a possible statement of pay (wage-slip). 
This should provide details of all the payments being paid to the
employee together with all the deductions.  The amounts of each
payment and deduction should be shown as well as an indication
of what the payment or deduction is for.  Other details which must
also be provided on the wage slip include the gross amount being
paid, the total of all deductions taken, the net amount the employee
 is to receive and the date the wages are paid.  The wage slip must
be written and legible. (A typed wage slip is advisable).

FORM 1

EXAMPLE OF POSSIBLE FORM

FOR USE AS A WRITTEN STATEMENT BY EMPLOYER

This statement sets out particulars of the terms and conditions
required to be given by me in accordance with the provisions of
Section 1 of the Conditions of Employment (Guernsey) Law, 1985,
on which I am employing you.

1.    Name of Employer

2.    Name of Employee

3.    Date employment commenced

4.    Job Title

5.    Scale or rate of remuneration or the method of calculating
remuneration

        e.g. (Your pay, exclusive of overtime, is - a week. 
Your overtime rate of pay is

        - an  hour).   

       (Your pay is at the rates established for semi-skilled
adult operatives by the Joint Council for the Industry. 
A copy of the collective agreement setting out the rates is
available for reference in the Works Office. 
The Company undertakes to ensure that any future change in the
agreed terms will be entered up in this copy, or otherwise
recorded for reference, within one month of change).

       (Where appropriate set out different overtime rates of
pay for weekdays, Saturdays, Sundays and Public Holidays and
method of calculating shift pay, bonus, tips etc.).

       (Deductions will be made for Social Insurance Contributions
and Income Tax Liability where applicable).   

       (Any query regarding earnings or overtime worked should be
raised on receipt of the wages).

6.    Intervals at which remuneration is paid e.g. (You are paid
weekly).

7.    Normal hours of work, and any other terms and conditions
 relating to hours of work

e.g. (Your daily hours of work are 9 a.m. to 5.30 p.m. on
Monday to Friday.  Any work which you are required to do
outside your daily hours of work will be paid for at the overtime
rate.  You are allowed a lunch break of one hour. 
Your normal working hours, exclusive of lunch breaks are therefore
371/2 hours a week). 

       (Your normal hours of work are 42 a week.  The daily hours
are 8 a.m. to 5.15 p.m. on Monday to Thursday and 8 a.m. to 4.45 p.m.
on Friday, with a mid-day meal break from 12 noon to 12.45 p.m.
Rules about punctuality are posted on the Main Notice Board: you
 will be notified of any changes in these).

8.   Holidays and holiday pay 

            e.g. (You are entitled to three weeks' annual holiday
each calendar year, the actual dates to
            be settled by agreement with the head of your department.
You are also entitled to the

                   following Bank Holidays: New Year's Day,
Good Friday, Easter Monday, May Day,

                   Liberation Day, Spring Bank Holiday,
Summer Bank Holiday, Christmas Day and

                   Boxing Day. During holidays you are
entitled to your normal rate of pay, exclusive of

                   overtime).                  

                  (Your entitlement to holidays and holidays
with pay are as set out in the collective

                   agreement already referred to. Your summer
holiday will fall within the period 1st

                   May-30th September each year, the actual
period to be fixed in accordance with the

                   rota drawn up by the head of your department,
a copy of which is available for

                   inspection at the Works Office). 

9.            Terms and conditions relating to incapacity for work
due to sickness or injury, and
 sick pay.                  

               e.g.(The Company will continue to pay you at your
 normal rate of pay exclusive of                                                                

                    overtime, during any unavoidable absence
through sickness up to a maximum of 8                      

                    weeks in any period of 12 months. 
You are required to furnish a medical certificate          

                    in the event of absence through sickness
for three or more consecutive working days). 

                   (You are covered by the Company's sick pay
scheme details of which are set out in

                    the accompanying Handbook).

10.        Pensions and Pension Schemes

    e.g. (The Company does not provide a pension scheme).

(You are covered by the Company's pension scheme details of
which are set out in the

  accompanying Handbook).

      11.   Amount of notice of termination* to be given by
employer or employee        

            e.g.  (You are entitled to receive one week's
notice of termination, increasing to 2 weeks

                    after 2 years' service and 4 weeks after
5 years' service.  You are required to give the

                    Company one week's notice of termination,
increasing to 2 weeks after 2 years'

                    service and 4 weeks after 5 years' service). 
It should be noted that under the

                    Employment Protection (Guernsey) Law, 1998, the
example above only covers the

                    minimum amounts of  notice required.           

              * If the contract is for a fixed term, the date when
it expires should be stated.

FORM 2

EXAMPLE OF A POSSIBLE FORM OF RECEIPT

FOR USE AS AN ENDORSEMENT TO THE COPY

STATEMENT RETAINED BY EMPLOYER

I acknowledge receipt of a Written Statement dated ..............
given to me in accordance with the provisions of Section 1 of the
Conditions of Employment (Guernsey) Law, 1985, of which this is a
true copy.

FORM 3

WRITTEN STATEMENT OF THE

MAIN TERMS OF EMPLOYMENT 

This statement sets out particulars of the terms and conditions
required to be given by me

 in accordance with the provisions of Section 1 of the Conditions
of Employment

(Guernsey) Law, 1985, being the terms and conditions on which I am
employing you. 

N.B. This statement is an example of the minimum requirements of
the law.  In order to avoid

        confusion over vague references within the statements,
employers are reminded of the

        importance of ensuring that the contents are made as
comprehensive as possible. 

Other Available Publications
 

Advisory booklets are available on a wide range of industrial
relations matters such as local employment legislation and best
practice guides on disciplinary matters and termination of
employment.

 

Booklets are available from the Industrial Relations Advisory
Officers at the Board of Industry, Raymond Falla House,
PO Box 459, Longue Rue, St. Martins, Guernsey, GY1 6AF,
telephone (01481) 235741 or fax (01481) 235015. 

Advice and Conciliation
 

 

The Industrial Relations Service at the Board of Industry also
 provides a free and confidential advisory service to both
employers and employees on any employment matter.


A confidential conciliation service is also provided, free of
charge, and is a positive means of resolving disputes between
employers and employees.  The service is provided by trained
staff who are impartial and able to assist in resolving disputes
at all levels.