Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

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.