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Comments adopted by the CEACR: Jersey

ADOPTED_BY_THE_CEACR_IN 2021

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Impact of the COVID-19 pandemic. The Committee notes with  deep concern  the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions.  In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.
Article 1 of the Convention. Scope of application. In its previous comments, noting that, pending the drafting of legislation to ensure compliance with the Convention, shipowners are encouraged to comply with the United Kingdom’s Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations and the associated Marine Guidance Notes, the Committee requested the Government to indicate the measures taken to implement the provisions of the Convention and to transmit copies of any relevant legislative or regulatory texts as soon as they were adopted. The Committee notes the Government’s indication in its report that no further legislation has been developed since the last examination to give effect to the provision of the Convention. The Committee accordingly reiterates its previous request.
The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified all the Conventions revised by the MLC, 2006 and the Seafarers’ Identity Document Convention (No. 108) as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 22, 56, and 69 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions, as well as to promote the ratification of the Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee requests the Government to provide information on any progress made towards extending the application of the MLC, 2006 and Convention No. 185 to Jersey.

ADOPTED_BY_THE_CEACR_IN 2020

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Articles 1, 5, and 9 of the Convention. Need to amend the applicable legislation. In its previous comments, the Committee requested the Government to amend several provisions of the national legislation with a view to give effect to Articles 1 and 5 (need to repeal the minimum contribution conditions to become entitled to benefits in case of work injury) and 9 (need to provide free-of-charge supply of medical, surgical and pharmaceutical aid) of the Convention. The Committee takes note of the indication provided by the Government in its report that a major examination of all aspects of incapacity support is scheduled for 2019–21 under the ongoing Social Security Review and that the Committee’s remarks will be considered within this framework. The Committee firmly hopes that the Government will take the opportunity of the Social Security Review to amend its legislation in conformity with the Convention and reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee requests the Government to provide information on the outcome of the Social Security Review and, in particular, of the measures taken or envisaged to give full effect to Articles 1, 5 and 9 of the Convention.
Article 7. Additional compensation for persons in need of constant help. The Committee takes note of the information provided by the Government on the Home Carer’s Allowance, set out in section 18A(1) of the Social Security (Jersey) Law, 1974, a scheme under which a person who is regularly and substantially engaged in caring for another person is entitled to an allowance upon meeting certain conditions. The Committee observes that this scheme may enable some injured workers to receive home care, depending on the availability of carers, and provided that they have been residing in Jersey for the past 12 months, as set out in section 5 of the Social Security (Home Carer’s Allowance) (Jersey) Order, 2012. The Committee requests the Government to provide information on any other measure, in cash or in kind, ensuring that all victims of work-related injury have access to constant help or care when required by their condition, and to specify whether there are any conditions that injured workers must fulfil to benefit from such care or from any additional financial compensation provided to them to cover related costs.
The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area, and recommends that the Government take the opportunity of the ongoing Social Security Review to do so. The Committee invites the Government to provide information in this respect.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Articles 3(1), 6 and 7(1) of the Convention. Appropriate steps taken to ensure the effective protection of workers in light of knowledge available at the time. Maximum permissible doses of ionising radiation for workers who are directly engaged in radiation work. Lens of the eye. The Committee notes that paragraphs 2(a) and 4(a) of Appendix 3 of the Approved Code of Practice for Work with Ionising Radiation of 2002 set equivalent dose limits for the lens of the eye of 150 mSv in a calendar year for employees of 18 years of age and above and of 50 mSv in a calendar year for trainees aged under 18 years. With reference to paragraphs 31, 32 and 34 of its 2015 General Observation on the application of Convention No. 115, the Committee requests the Government to take measures to review the maximum permissible doses established with respect to the lens of the eye in light of current knowledge and therefore ensure that these dose limits are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.
Article 14. Discontinuation of assignment to work involving exposure to ionising radiation pursuant to medical advice. With regard to its previous comments, the Committee notes that in its report the Government refers to paragraphs 71 to 73 of the Approved Code of Practice for Work with Ionising Radiation, which specify that: (i) the employer shall designate as “classified persons” those employees who are likely to receive an effective dose of ionising radiation under certain limits (paragraph 71); (ii) in order to designate employees as “classified persons” they must be 18 years or older and a medical advisor must have certified in the health record that, in his or her professional opinion, they are fit for the work with ionising radiation which they are to carry out (paragraph 72); and (iii) a medical advisor can require the employer to cease treating the employees as “classified persons” if he/she considers it necessary (paragraph 73). Moreover, the Committee notes that paragraph 7 of Appendix 6 of the Approved Code of Practice for Work with Ionising Radiation establishes that the health record shall contain, inter alia, a statement signed by the medical adviser, made as a result of the medical examination or health review, classifying the employees as fit, fit subject to conditions (which should be specified) or unfit. The Committee also takes note that the Government indicates that should an employer not heed the medical advice on whether an employee is fit to work with ionising radiation this may constitute a breach of its general duties under the Health and Safety at Work (Jersey) Law 1989. The Government indicates that this situation would lead to an investigation which could result in the issue of a legal notice by a Health and Safety Inspector formally prohibiting the employee concerned from continuing to work with ionising radiation, and the referral of the matter to the Island’s Attorney General for consideration on whether to instigate a prosecution of the employer.

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The Committee notes the additional information provided by the Government in light of the Governing Body’s decision at its 338th Session (June 2020). The Committee therefore examined the application of the Convention on the basis of the additional information provided as well as on the information available to it in 2019.
Articles 7 and 8 of the Convention. Employment, unemployment and underemployment statistics. Statistics of the structure and distribution of the economically active population. The Committee notes the information provided by the Government in reply to its previous comments. It notes with interest the adoption of the Statistics and Census (Jersey) Law, which came into force on 23 February 2018. In its supplementary report, the Government notes that the Jersey Annual Social Survey (JASS) has been undertaken every summer since 2005, except for 2011, when the Jersey Census was held in the same year. The Committee notes that the States of Jersey Statistics Unit continues to compile and disseminate information on the labour force, employment and unemployment, derived from various sources, including the JASS, which is used to provide periodic estimates of ILO unemployment. The Committee notes the Government’s indication that the census conducted on 27 March 2011 is still the most recent census conducted. The Committee requests that the Government continue to supply updated data and information on the methodology used in the application of Articles 7 and 8 of the Convention, as well as on plans for conducting the next round of the population census. It also reiterates its request that the Government provide information on any developments in relation to the implementation of the resolution concerning statistics of work, employment and labour underutilization (resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013), as well as on any developments in relation to the resolution concerning statistics on work relationships (resolution I), adopted by the 20th International Conference of Labour Statisticians (October 2018).
Articles 9, 10, 11 and 12. Current statistics of average earnings and hours of work. Statistics of time rates of wages and normal hours of work. The Committee notes the information communicated by the Government with respect to statistics on average earnings, hours worked (from the 2011 Jersey census), labour costs (from the annual survey of financial institutions) and the retail price index. With respect to Article 9(1), the Government indicates that the Average Earnings Index (AEI) continues to be compiled annually. Information from the AEI is available online and includes information on the level of average weekly earnings and changes in average earnings overall, disaggregated by individual business sector. The Government indicates that the coverage of the average earnings survey extends to about half of all workers in Jersey. The Committee notes that the most recent report of the AEI was published in 2017. With respect to the application of Article 9(2), the Committee notes the Government’s indication that statistics of hours of work were compiled from the 2011 census and the results made available online. The Committee recalls the Government’s indication in its previous report that statistics of time rates of wages were not compiled, but that an independent consultative body, the Employment Forum, had been established by law in 2003, and is charged with reviewing the rates of minimum wages on the island, particularly in low-paid industries. With respect to Article 11, the Government indicates that the finance industry accounts for more than two fifths of Jersey’s total gross value added, and that an annual survey of financial institutions continues to be undertaken by Statistics Jersey each spring. The survey includes information on labour costs for the finance industry sector, as well as for subsectors such as banking, trusts and company administration, fund management, accounting and legal services. With respect to Article 12, a Retail Price Index continues to be published on a quarterly basis by the States of Jersey Statistics Unit, and is made available online. The Committee requests the Government to communicate statistics to the ILO as soon as they become available and, following enactment of the recent Statistics and Census (Jersey) Law, to provide information on any measures taken or envisaged to improve and enhance the collection, compilation and publication of the statistics required under these Articles of the Convention.
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