THE Home Affairs Minister has confirmed support for a review of the Island’s work permit policy – but rejected proposals to introduce an internationally recognised principle which bans recruitment fees from being charged to migrant workers.
Deputy Mary Le Hegarat was responding to a proposition from Deputy Beatriz Porée, which called for sweeping changes aimed at tackling migrant worker exploitation – including shifting work permits from employers to employees and banning recruitment fees charged to workers.
While the minister agreed to proceed with a full independent review, she made clear that imposing further reforms in advance of that process would be inappropriate.
“It would not be appropriate to commit to the implementation of such a change at this stage, prior to the review being undertaken and without any consultation on the matter,” she said.
The review would examine how the current system – largely unchanged since the 1990s – can better meet the Island’s needs while safeguarding migrant workers.
It is due to be completed by June 2027, with any resulting legislative changes to follow by the end of that year.
But Deputy Le Hegarat raised concerns about the second part of the amendment requiring Jersey to adopt the internationally recognised “Employer Pays Principle”, which bans recruitment fees from being charged to migrant workers.
The minister argued that, despite being framed as an “examination”, the proposal effectively assumes its own outcome.
This “creates a difficulty”, she said, noting the potential for “complex and often unintended consequences” for the Island’s economy and labour market.
Among the risks highlighted were increased costs for employers, impacts on recruitment in sectors facing labour shortages, and broader effects on Jersey’s competitiveness.
Deputy Le Hegarat also stressed that the principle itself is voluntary and not mandated by the International Labour Organisation, adding that “consideration would be required as to how a voluntary principle could be practically implemented”.
She also noted some “misunderstandings” in the orginal proposition, adding: “The current work permit policy does not seek to grant the employer control over the worker, including where they live and how they live.
“The policy does place obligations on employers to take reasonable steps to ensure that migrant workers are living in safe and suitable accommodation in compliance with the necessary standards.
“It does not mandate that a migrant worker has to live in accommodation provided by the employer, although of course some do provide this as part of the employment package.”
She added that individual circumstances are considered on a case-by-case basis, with workers permitted to switch employers earlier than six months if they are experiencing difficulties or have concerns requiring urgent intervention.
The minister concluded that while the proposition reflects “positive intentions”, members should back the review but reject measures that “require more consideration” before being adopted.
