3
(f) the date on which the net amount of wages/salary is to be paid.
In addition, the statement of pay must be written and
legible (preferably typed).
It should be noted that the gross pay mentioned in (a) above
includes payments
for overtime, shift work and any other pecuniary benefit payable
under the contract of employment.
The statement of pay must be given
on or before the
date that the payment is to be made.
Failure to comply with the Law
Powers of Enforcement
Where any person, authorised in writing by Commerce and
Employment (the Department), has reasonable cause to suspect that an employer
has failed to comply with the provisions of the Law, he may enter at any
reasonable time any land which is occupied by the employer, or in which the
employment in question is being undertaken, or where he believes there to be
relevant evidence.
The officer of the Department, and any person accompanying him,
may require the employer or other employees to reply to questions, and furnish
necessary information or documents and provide any necessary assistance for the
investigation. The officer may also take copies of documents or seize them.
Penalties
There is a maximum penalty equal to level 4 on the Uniform Scale
of Fines (currently £2,500) where an employer fails to issue written statements
or keep them up-to-date in accordance with the provisions of the Law. The same
fine applies where an employer does not issue all employees with wage slips
detailing all earnings and deductions.
If, during any investigation, a person fails to produce any
required information or documentation, obstructs any investigation, tampers with
any of the evidence, makes a false, deceptive or misleading statement, or allows
false, misleading or deceptive information or documents to be produced, there is
a maximum penalty equal to level 5 on the Uniform Scale of Fines (currently
£5,000) or imprisonment for a term not exceeding three months, or both.
Examples of Written Statements / Wage Slips
Attached to these guidance notes are four forms:
FORM 1 is an example of a written
statement which could be used by an employer. It shows the form that the
written statement could take and includes all the items relating to each of
the terms of employment as required to be given by an employer under The
Conditions of Employment (Guernsey) Law, 1985.
Contracts of Employment - page
1, 2,
3, 4,
5, 6,
7
