Minimum 20 Minute Work Rest Break Approved

Jersey workers will be entitled in law to a rest break of at least 20 minutes in every six-hour period from the start of 2022.

The Social Security Minister proposed at least 15 minutes, but that has been extended after a successful amendment from the Health and Social Security scrutiny panel.

The Jersey Employment Forum carried out a public consultation on rest breaks and annual leave between December 2019 and February 2020.

It recommended:

• The minimum annual leave be increased from two weeks to three
• The right to a working day rest break of at least 15 minutes in any six-hour working period

There is no current statutory requirement for a rest break in Jersey's Employment Law.

Deputy Martin asked the forum to consider a 20-minute rest break in every six hours worked, but they recommended 15.

"The responses to the consultation exercise demonstrate that the most common length of time allowed or required was 15 rather than 20 minutes. In this respect, the Forum recommended that the Minister adopt the former rather than the latter."

However, the Health and Social Security panel argued that 20 minutes was more appropriate because the response to the following question supported a 20-minute rest break.

It also pointed to the positive impact that extra five minutes will have on their needs and wellbeing, and that workers in both the UK and Northern Ireland are entitled to a rest break of at least 20 minutes.

"The wellbeing of islanders after the last 18 months has never been more critical as we try to encourage people to continue the rise in productivity in this island to work, as many people on this island want to do.

"Though it seems like a small change (15 minutes to 20), for a large amount of islanders, it will make a huge difference." - Deputy Kevin Pamplin.

The change to 20 minutes does not specify whether that rest period has to be paid or unpaid. That has to be agreed upon between the employer and the employee.

The Assistant Social Security Minister, Deputy Jeremy Maçon, said some employees, who currently get paid breaks of 15 minutes, would now have an unpaid rest break of at least 20 minutes unless stated otherwise in the worker's contract.

He also pointed to a question in the Employment Forum consultation, which stated that some employees would have to work for longer each day to get the same overall pay.

"Where is the evidence from the Scrutiny panel to demonstrate that when framed in these terms, employees want this change.

"There is no wider evidence or analysis provided by the scrutiny panel to support their amendment.

"I am unable to support an amendment, which according to the feedback provided to the forum, would flip paid breaks to unpaid breaks and cause employees to work extra time in order to receive the same level of pay."

Despite that speech, the States Assembly voted for 20 minutes instead of 15.

It was approved by 22 votes to 20.

"The employers out there who claim this will be onerous are going to have to take into account the current labour market in Jersey and the fact that we're talking about increased shortages and if you don't treat your employees properly, they'll walk.

"I strongly recommend they do (walk) if the employers don't give them proper breaks and paid breaks." - Deputy Mike Higgins.

"If a business is seriously going to say if you add 5 minutes, I won't pay you for all 20 of those minutes, what type of business is that?

"I simply don't believe that is a valid argument." - Deputy Rob Ward.

"I think, in this day and age, after the few years that we've had where pay for the lowest-paid in Jersey has fallen behind, where real-terms earnings have continued to be frozen, where many people feel like they're facing a cost of living increase in their lives, that to support something that ultimately will support the wellbeing of people at work - it just staggers me that that would be something to argue about." - Senator Sam Mézec.

"The Employment Forum's consultation was in fact silent on the time period and the Scrutiny Panel have simply looked at the practice in other places and used that to inform their thinking behind bringing this amendment." - Senator Kristina Moore.

The States Assembly also approved increasing the minimum annual leave entitlement to three weeks, which will also come into effect on 1 January 2022.