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Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Migration for Employment Convention (Revised), 1949 (No. 97) - Jersey

Other comments on C097

Direct Request
  1. 2025
  2. 2018
  3. 2012
  4. 2008
  5. 2002

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Scope of protection. Private household employees. The Committee notes the information and statistics provided by the Government in reply to its previous request concerning the scope of protection for Au Pair in Jersey. The Committee takes note of this information, which addresses its previous request.
Article 3 of the Convention. Private recruitment agencies and misleading propaganda. The Committee notes the Government’s confirmation that the Minister for Social Security has not received any complaints under Article 4(2) or Article 15 of the Employment Agencies (Registration) Code of Conduct (Jersey) Order 1970. It further notes the Government’s reiteration that it is not aware of any misleading propaganda concerning the migration process and that no measures have been taken or considered necessary in this regard. The Committee recalls that the absence of complaints or identified cases does not necessarily imply the absence of risk. It therefore once again invites the Government to assess the need for measures to prevent and suppress misleading propaganda concerning the migration process; and to provide information on the outcome of any such assessment and on any steps taken in this regard.
Article 6. Equality of treatment. Enforcement. The Committee notes the detailed statistical information provided by the Government concerning inspections and interventions in the domestic work sector from 2018 to 2023. The Committee also notes the clarification provided by the Government that the contractual issues previously identified during surveys of employers of domestic workers related to the failure to state one or more entitlements such as redundancy, maternity leave, holiday entitlements, and, in one case, an incorrect retirement age. The Committee further notes the Government’s indication that the Jersey Advisory and Conciliation Service (JACS) has not received complaints directly linked to private households from persons who would be considered “migrant workers” under the Convention. It also notes the Government’s indication that JACS no longer records personal data relating to protected characteristics, such as gender and race in line with the General Data Protection Regulation (GDPR) to protect the personal data of individuals. The Committee also notes the Government’s confirmation that no complaints were submitted to the courts or administrative authorities, nor have there been relevant decisions by the Jersey Employment Tribunal or the Social Security Tribunal related to questions of any principle under this Convention. The Committee requests the Government to continue to provide updated information on the enforcement of the relevant legal provisions under Article 6(1)(a)–(d) of the Convention, including: (i) data disaggregated by sex and nationality, from inspections and interventions by Revenue Jersey; (ii) any complaints or claims received by JACS or other relevant authorities; and (iii) any relevant judicial or administrative decisions. The Committee also requests the Government to indicate whether any measures have been taken to ensure that domestic workers, particularly migrant domestic workers, are aware of their rights and the mechanisms available for lodging complaints.
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