Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) - Jersey

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Scope of protection. Private household employees. The Committee recalls section 1(5)(a) and (b) of the Employment (Jersey) Law excluding from its application the employment of a person under which the person’s work relates to the employer’s family household, where certain specific conditions are met. The Committee notes the Government’s clarification that the majority of the people working in private households would in fact be protected by the Employment Law as most would not reside in the employer’s home; workers employed in private households who are likely to meet the additional conditions set out in section 1(5) would be au pairs. The Government further states that both migrant and national workers employed in private households have the right to paid holidays and the minimum wage, unless the worker (whether a migrant or national worker) is excluded by section 1(5) of the Employment (Jersey) Law. An employee of a private household who simply resides in the household but does not meet the other conditions is not excluded from the protection of the Law. The Committee notes that the Social Security Department recorded 11 au pairs in 2010 and seven au pairs in 2012; all au pairs were women except one. No information has been provided on the number of nationals working in private households, including those falling within the meaning of section 1(5)(a) and (b) of the Employment (Jersey) Law. The Committee asks the Government to provide statistical information, disaggregated by sex and nationality, on the number of national and foreign workers employed as live-in domestic workers in private households distinguishing between those excluded from the application of the Employment (Jersey) Law pursuant to section 1(5), and those who are not. The Committee also requests the Government to provide copies of the relevant legislation applicable to au pairs.

Article 3 of the Convention. Private recruitment agencies and misleading propaganda. The Committee notes the Government’s statement that the Department of Social Security has received no complaints regarding unsatisfactory agency service pursuant to the Employment Agencies (Registration) Code of Conduct (Jersey) Order, 1970. The Committee requests the Government to continue to provide information on the nature and number of any 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.

Articles 4 and 6. Measures to facilitate departure and equality of treatment. The Committee recalls its previous comments regarding section 11 of the Employment Agencies (Registration) Code of Conduct (Jersey) Order, 1970, imposing disproportionate restrictions on women wishing to migrate for employment using private agencies; restrictions that are not imposed with respect to male migrants. The Committee notes the Government’s statement that the insular authorities will consider reviewing the legislation when resources allow it. Recalling Article 4 of the Convention requiring measures to facilitate departure of migrant workers and the principle of equality of treatment, including between male and female migrant workers, set out in Article 6 of the Convention, the Committee requests the Government to give serious consideration to reviewing section 11 of the Employment Agencies (Registration) Code of Conduct (Jersey) Order, 1970, as soon as possible, with a view to its revision, and to report on the progress made in this regard. Please provide information on any steps taken to adopt gender-sensitive measures to facilitate the departure of both men and women migrants so as to avoid unnecessary restrictions on women wishing to migrate for employment outside of Jersey.

Article 6. Equality of treatment. The Committee recalls sections 16(7) and (8) of the Employment (Jersey) Law, 2003 prohibiting differences with respect to minimum wages in relation to racial groups or gender, and the Government’s confirmation that the provisions regarding minimum wages and paid holidays apply to all employees irrespective of race, colour, nationality, religion or sex. The Committee also notes the information provided by the Government regarding the contributory benefits set out in the Social Security (Jersey) Law, 1974 and the Social Security (Residence and Persons Abroad) (Jersey) Order, 1974. The Committee recalls that legislative provisions alone are not sufficient to ensure that migrant workers enjoy equality of treatment with nationals and that it is essential that States ensure that the legislation is applied in practice, particularly by means of labour inspection services or other supervisory authorities (General Survey on migrant workers, 1999, paragraph 371). The Committee requests the Government to provide further information on the practical measures taken to ensure that the relevant national provisions covering the matters enumerated in Article 6(1)(a)–(d) of the Convention are effectively applied in practice in respect of all migrant workers lawfully residing in the country, and to provide information on any complaints submitted to the judicial or administrative authorities concerning the principle of equality of treatment, and their outcome.