Paid Educational Leave Convention, 1974 (No. 140) - Jersey

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2–5 of the Convention. Policy to promote the granting of paid educational leave. The Government indicates that, in order to keep pace with the changing demands of the labour market and to secure a stronger connection between schools, colleges, training organisations and businesses, a new operational service was created. In December 2015, the Skills Executive and Skills Board were dissolved and, by October 2017, the existing services of Careers Jersey, Trident, Trackers and Student Finance were brought together to create Skills Jersey. The Government further indicates that one of the key aims of this service is to facilitate the delivery of the Island’s Skills Strategy, offering a wide range of services, including: confidential and impartial careers guidance for people of all ages, links between schools, colleges, universities, industry and other education training providers, careers and skills curriculum development, mentoring and skills coaching, apprenticeships, work placements and work shadowing schemes. The Government also reports that, following a request from the Education Department, a Skills Strategy for 2017-2022 was published in October 2017. The Committee notes that the Strategy and its 2018 Action Plan were developed with input from employers, industry and training providers and identifies key priority areas for Jersey under five strategic themes: developing world-class skills, transitions to employment, attracting and retaining talent, raising business and individual investment in skills, and a responsive skills and employment system.The Committee requests the Government to provide information, including statistical data disaggregated by sex and age, on the application and impact of the new Strategy and its 2018 Action Plan, as well as on the implementation of structures and policies relating to paid educational leave in both the public and private sectors.

Article 7 of the Convention. Financial arrangements. The Government indicates that, in accordance with the Trackers Apprentice Programme, training fees are funded by the Education Department under Skills Jersey, and that further negotiations are currently being undertaken to approve funds for the Higher Apprenticeship program. The Government adds that a new “Business Licensing Skills Fund” has been developed in partnership with Social Security, Skills Jersey and Jersey Business for industrial sectors to address skills and training gaps in the local labour market. The funds are raised through a fee introduced in 2017 for businesses that employ “registered’’ employees and are used for skills development for businesses in areas where there are skills shortages. The Committee notes, that following the introduction of the funds, over 300 persons have attended courses in leadership and management, customer service, IT and project management. The Committee further notes that the Business Licensing Fee Fund is being used to sponsor an additional staff training pilot programme in 2018 to invest in upskilling of individuals and enhance the productivity of small businesses through provision of training opportunities for staff.The Committee requests the Government to continue to provide information on the impact that new financial arrangements have had on the propensity to grant paid educational leave and to keep the office informed of the progress made with regard to the staff training pilot programme and its impact on the promotion of paid educational leave.

Article 8 of the Convention. Discrimination. The Committee notes with interest the adoption of the Discrimination (Jersey) Act on 2013, which provides protection against discrimination on various grounds (explicitly including race, colour, nationality, national and ethnic origin, age, sex, sexual orientation, gender reassignment, pregnancy and maternity). In particular, the Committee notes that Parts 3, 4 and 5, of the Act (Revised Edition 15.260) prohibit acts of discrimination between co-workers with regard to employment, education and vocational training. The Committee recalls that the objective of the equality policy required under Article 8of the Convention is to ensure that workers have equal access to paid educational leave regardless of race, colour, sex, religion, political opinion, national extraction or social origin. In this regard, the Committee draws the Government’s attention to the fact that the Discrimination (Jersey) Law does not include religion or political opinion among the prohibited grounds of discrimination.The Committee invites the Government to indicate in its next report the measures envisaged within the national policy to ensure that all workers, regardless of their religion and political opinion have equal access to paid educational leave.

Part V of the report form. Application of the Convention in practice. The Government reports that under the new Skills Jersey, Trackers the Apprentice Programme has now enrolled over 300 apprentices, working within 24 industry areas. The delivery of training is flexible depending on the industry. The Trackers mentors work closely with employers and their apprentices ensuring support for training accessibility and compliance with the Employment (Jersey) Act 2003. The Committee notes that union recognition in Jersey is primarily in the public sector and utility providers where long-standing arrangements usually exist and that the JACS (model agreement) continues to be used as the basis to formalise the relationship between unions and employers.The Committee invites the Government to continue to provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries, and available statistics.

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Articles 2–5 of the Convention. Policy to promote the granting of paid educational leave. The Government indicates that, in order to keep pace with the changing demands of the labour market and to secure a stronger connection between schools, colleges, training organisations and businesses, a new operational service was created. In December 2015, the Skills Executive and Skills Board were dissolved and, by October 2017, the existing services of Careers Jersey, Trident, Trackers and Student Finance were brought together to create Skills Jersey. The Government further indicates that one of the key aims of this service is to facilitate the delivery of the Island’s Skills Strategy, offering a wide range of services, including: confidential and impartial careers guidance for people of all ages, links between schools, colleges, universities, industry and other education training providers, careers and skills curriculum development, mentoring and skills coaching, apprenticeships, work placements and work shadowing schemes. The Government also reports that, following a request from the Education Department, a Skills Strategy for 2017-2022 was published in October 2017. The Committee notes that the Strategy and its 2018 Action Plan were developed with input from employers, industry and training providers and identifies key priority areas for Jersey under five strategic themes: developing world-class skills, transitions to employment, attracting and retaining talent, raising business and individual investment in skills, and a responsive skills and employment system. The Committee requests the Government to provide information, including statistical data disaggregated by sex and age, on the application and impact of the new Strategy and its 2018 Action Plan, as well as on the implementation of structures and policies relating to paid educational leave in both the public and private sectors.

Article 7 of the Convention. Financial arrangements. The Government indicates that, in accordance with the Trackers Apprentice Programme, training fees are funded by the Education Department under Skills Jersey, and that further negotiations are currently being undertaken to approve funds for the Higher Apprenticeship program. The Government adds that a new “Business Licensing Skills Fund” has been developed in partnership with Social Security, Skills Jersey and Jersey Business for industrial sectors to address skills and training gaps in the local labour market. The funds are raised through a fee introduced in 2017 for businesses that employ “registered’’ employees and are used for skills development for businesses in areas where there are skills shortages. The Committee notes, that following the introduction of the funds, over 300 persons have attended courses in leadership and management, customer service, IT and project management. The Committee further notes that the Business Licensing Fee Fund is being used to sponsor an additional staff training pilot programme in 2018 to invest in upskilling of individuals and enhance the productivity of small businesses through provision of training opportunities for staff. The Committee requests the Government to continue to provide information on the impact that new financial arrangements have had on the propensity to grant paid educational leave and to keep the office informed of the progress made with regard to the staff training pilot programme and its impact on the promotion of paid educational leave.

Article 8 of the Convention. Discrimination. The Committee notes with interest the adoption of the Discrimination (Jersey) Act on 2013, which provides protection against discrimination on various grounds (explicitly including race, colour, nationality, national and ethnic origin, age, sex, sexual orientation, gender reassignment, pregnancy and maternity). In particular, the Committee notes that Parts 3, 4 and 5, of the Act (Revised Edition 15.260) prohibit acts of discrimination between co-workers with regard to employment, education and vocational training. The Committee recalls that the objective of the equality policy required under Article 8 of the Convention is to ensure that workers have equal access to paid educational leave regardless of race, colour, sex, religion, political opinion, national extraction or social origin. In this regard, the Committee draws the Government’s attention to the fact that the Discrimination (Jersey) Law does not include religion or political opinion among the prohibited grounds of discrimination. The Committee invites the Government to indicate in its next report the measures envisaged within the national policy to ensure that all workers, regardless of their religion and political opinion have equal access to paid educational leave.

Part V of the report form. Application of the Convention in practice. The Government reports that under the new Skills Jersey, Trackers the Apprentice Programme has now enrolled over 300 apprentices, working within 24 industry areas. The delivery of training is flexible depending on the industry. The Trackers mentors work closely with employers and their apprentices ensuring support for training accessibility and compliance with the Employment (Jersey) Act 2003. The Committee notes that union recognition in Jersey is primarily in the public sector and utility providers where long-standing arrangements usually exist and that the JACS (model agreement) continues to be used as the basis to formalise the relationship between unions and employers. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries, and available statistics.

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Policy to promote the granting of paid educational leave. The Committee notes the report received in September 2013 in which the State of Jersey indicates that Skills Jersey was formed in 2008 to ensure that training and further education programmes meet the needs of both employers and individuals in all sectors of industry. It is comprised of the Skills Executive, made up of the Ministers for Economic Development, Education, Sport and Culture, and Social Security; and the Skills Jersey Board. The Committee takes note that while Jersey Enterprise continued with its monitoring role in respect of the Convention until February 2012, it was integrated with the Jersey Business Venture to become Jersey Business Limited (JBL) in November 2011. JBL is an independent, grant-funded organization whose principle role is to support the creation and development of small-to-large local businesses and contribute to the policies that drive the island’s economy. JBL did not take on the earlier responsibility for Article 2, which is currently delivered on the island’s behalf by Skills Jersey. The Committee invites the Government to continue providing further information on the activities of Skills Jersey on matters covered by the Convention.

Financing arrangements for paid educational leave. The Government indicates that, due to the high level of unemployment, the Social Security Department is currently implementing various training and development programmes to assist unemployed islanders back into the workforce. It further highlights that a new enhanced apprenticeship scheme – Trackers – was launched in September 2012 and has four elements: technical qualification; vocational competencies in the workplace; key skills; and employer/employee responsibilities, including health and safety. The initial take up has exceeded expectations and the changes undertaken appear to have been well received by employers and employees alike. Moreover, the Government makes reference to a number of programmes implemented by the Economic Department Fund, including the Jersey Undergraduate Internship Programme, the Jersey version of the Global Entrepreneurship Week engaging with all secondary schools and colleges, and three new programmes aimed at the higher level skills. The Committee notes that these three new programmes include a new Higher Level Fellowship Scheme aimed at leadership and management where employees are able to claim up to £5,000 on a 75:25 split and a graduate training scheme that will be launched in 2014 along with an inward investment pot for new businesses coming to the island looking to train staff. The Committee invites the Government to provide further information on the impact that these financial arrangements have had on the propensity to grant paid educational leave.

Leave for the purposes of general and trade union education. The Government indicates, in response to the Committee’s previous direct request, that the Model Recognition Agreement, which includes a provision dealing with the training of worker representatives, has been utilized by private sector companies on a number of occasions and that it is accepted as a sound basis for formalizing the relationship between unions and private sector employers that have received requests to recognize unions. The Committee invites the Government to continue providing practical information and examples on how paid educational leave is granted for the purpose of general and trade union education.

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1. Policy to promote the granting of paid educational leave. The Committee notes the Government’s detailed report received in October 2008, including information in response to the Committee’s previous direct request. The Government indicates that the policy objective is to research labour market trends so as to: (i) identify skills gaps and barriers to training; (ii) encourage participation in skills training; (iii) improve access to training for the economically active; (iv) monitor the quality of training provisions and support improvements; and (v) encourage local governments to review and improve current business practices. While the Training and Employment Partnership (TEP) was previously tasked with meeting these objectives, the Employment and Business Strategy was launched in November 2006 which provided for the establishment of a new business unit called Jersey Enterprise, which subsumed TEP’s terms of reference and is intended to address matters including training and skills development. The Government further indicates that in May 2007 a working group comprising officers from Economic Development (ED), Education, Sports and Culture (ESC) and Social Security (SS) was charged with developing a proposal and implementation plan for a new skills executive with the purpose of achieving a better alignment between the skills needs of businesses and the requirements of individuals in Jersey. The Committee notes that this working group is employer led, streamlined and brings together resources from ED, ESC and SS that relate to skills and training and enable a more coordinated approach. The Committee asks the Government to continue to provide further information on the activities of Jersey Enterprise on matters covered by the Convention.

2. Financing arrangements for paid educational leave. The Committee notes that up until December 2005, educational leave was granted to full- or part‑time employees, for a period dependent on the type and level of training, with a level of grant fixed to the national recognized level of the learning. It further notes that these initiatives ended in December 2005, in line with the Department’s policy of business support rather than offering financial incentives for individuals to obtain qualifications. The Government indicates, however, that Jersey Enterprise manages a number of skills-related initiatives, some of which provide financial incentives to employers who offer skills training. The Government further indicates that, while the TEP was in operation, £2 million was spent on education support between 2004 and 2005. Following policy changes, and Government cost efficiency improvements, the amount spent on skills-related initiatives has been reduced to £600,000 per annum. The Committee asks the Government to provide further information on the impact, if any, these new financial arrangements have had on the propensity to grant paid educational leave.

3. Leave for the purposes of general and trade union education. The Government indicates, in response to the Committee’s previous direct request, that the Jersey Advisory and Conciliation Service was formalized following the adoption of the Employment (Jersey) Law in 2003. The body, funded by the State of Jersey, was created to give impartial advice and guidance, through one-to-one interviews and group seminars as well as facilitate arbitration and employment tribunals. In this context, the Jersey Advisory and Conciliation Service has developed an A to Z of Best Practice which includes a “Model Recognition Agreement” for private sector companies to use, which provides, inter alia, that “the union recognises its responsibility to ensure representatives receive appropriate training to successfully undertake their duties. Similarly, management recognises its obligation to support and provide release for such training”. The Government indicates that employers’ representatives have seen the benefits of allowing such training to take place, and have done so for many years prior to the Law coming into existence. The Committee asks the Government to provide practical information, including examples where appropriate, on how paid educational leave is granted for the purpose of general and trade union education. The Committee would also welcome receiving an indication about the extent to which the Model Recognition Agreement has been used by private sector companies on matters covered by the Convention.

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1. The Committee notes the Government’s report, received in September 2003, indicating that there has been no change since the previous report. Regarding the implementation of the Training and Employment Partnership (TEP), the Government indicates that £2 million were spent during the period covered by the report. Please continue providing information on the implementation of the TEP in the matters concerned by the Convention.

2. Leave for purposes of general and trade union education. In relation to its 2002 request, asking the Government to indicate the manner in which the granting of leave for purposes of general and trade union education is ensured, the report indicates that these points are to be developed by the Social Security Committee and the Education Committee and that a group is working on a strategy. The Government adds that this strategy does not yet constitute a policy. Please provide information on any developments in relation to the work of that group and, in the meantime, indicate the current arrangements for the granting of paid educational leave for the purpose of general and trade union education (Article 2(a) and (c) of the Convention).

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The Committee notes the Government’s report for the period ending June 2001. It notes in particular the information on the implementation of the Training and Employment Partnership (TEP), the objective of which is to develop local enterprises through the provision of training to employees to enable them to acquire nationally recognized qualifications, as well as training for managers on business management and development. The above training is provided during working hours and financed by the employer. However, registration with the TEP allows employers to benefit from a grant. Finally, the Committee notes the annual statistics on the numbers of persons having benefited from training within the framework of the TEP between 1996 and 2000.

The Committee requests the Government to continue providing information in future reports on the manner in which effect is given to the provisions of the Convention, including the implementation of the TEP, and also to indicate how the granting of paid educational leave for the purposes of general, social and civic education and trade union education is promoted, as envisaged in Article 2(b) and (c) of the Convention.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

        The Committee notes that there has been no recent change in the measures to enable employees to undertake training in their area of occupational specialization through public subsidies covering the cost of the training and the leave. It would be grateful if the Government would indicate in its next report whether measures have also been taken or are envisaged to promote the granting of paid educational leave for the purpose of general, social and civic education, and trade union education, as set out in Article 2(b) and (c) of the Convention. Please also provide any statistics which may be available concerning the number of workers granted paid educational leave (Part V of the report form).

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes that there has been no recent change in the measures to enable employees to undertake training in their area of occupational specialization through public subsidies covering the cost of the training and the leave. It would be grateful if the Government would indicate in its next report whether measures have also been taken or are envisaged to promote the granting of paid educational leave for the purpose of general, social and civic education, and trade union education, as set out in Article 2(b) and (c) of the Convention. Please also provide any statistics which may be available concerning the number of workers granted paid educational leave (Part V of the report form).

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The Committee notes that there has been no recent change in the measures to enable employees to undertake training in their area of occupational specialization through public subsidies covering the cost of the training and the leave. It would be grateful if the Government would indicate in its next report whether measures have also been taken or are envisaged to promote the granting of paid educational leave for the purpose of general, social and civic education, and trade union education, as set out in Article 2(b) and (c) of the Convention. Please also provide any statistics which may be available concerning the number of workers granted paid educational leave (Part V of the report form).