Twice Yearly - Jersey Manpower Return A Manpower return has always been made by each Jersey Undertaking, as of the 30th June and the 31st December. The law changed on the 1st July 2013 and now requires an electronic XML return to be made rather than a simple employee count. The returns must be submitted by the end of the following month, ie 31st January and 31st July, respectively. This new Manpower return can be created by Offshore Payroll, or if preferred, the States of Jersey’s (SOJ) own web site can help create and submit this return. One of the documents issued by the SOJ to the developer community has been attached to the end of this document, as it helps explain the Manpower requirements and rules, it would make sense to read this prior to continuing! (Note: It has not been the easiest job to extract the rules from the SOJ, so we fully expect to encounter a few unexpected challenges in early in 2014 ) To create the Manpower return using Offshore Payroll, you must take the following steps. An undertakings Manpower Reference number must be entered into the Company form (select Reference | Company in the menu bar). The Reference Number must match one of the following formats: A999 or 99999 or 999999 Each employee must have their Manpower fields set appropriately. (please note that we can not give advice on individual employees, this is the remit of the Population Office, who can be reached on 01534 448905) An employees Residential Status will be printed on their Social Security card, if you are unsure of the employees correct setting, then as an employer you have the right to request that the employee obtains a current card. The three Entitled status will return an ‘E’ in the manpower file, so it is not imperative to distinguish between Permanent, Entitled, and For Work. Similarly, Registered for Work and Seasonal both return an ‘R’, in fact Seasonal is simply to help those companies track this sector of workers Licensed employees, must be Full Time and Permanent as they should be working in excess of 30 hours per week to maintain their Licensed status. Any one working more than 25 hours per week, is classified as Full Time, 25 hours or less is Part Time, and Zero Hours where the employee is on a ‘Zero Hours’ agreement. A ‘Non Permanent’ employee is one who has an agreed end date, so conversely a Permanent employee is one who does not have a specified end date ! A good example of an Exempt employee is when someone is covering for an employee who is on maternity leave. This is a complicated area of the Manpower ruling and we suggest confirmation is first gained from the Population office. If an employee is flagged as Exempt, the Exempt Reason field is made available for a suitable note to be entered, this is NOT returned to the authorities !! The ‘Jersey’ menu bar option allows for new Manpower returns to be created, along with the reviewing of previously submitted returns. Select the Employer If the Manpower reference number has not been entered (as discussed above) then the process will halt, with an appropriate message! Select the required Date (a date can be ‘In Process’ or ‘Frozen’) After the Employer and Date have been selected, the database is interrogated and the process is stopped when employees have either missing Manpower details or missing Social Security numbers. The Employee report can be presented in two ways: Just the Employees being included in the current return (select Yes), or All the employees (select No) The ‘All’ report includes every employee along with a reason as to why selected employees are being excluded from the return. Special Note: Any employee who is flagged as a Sub Contract or Exempt Sub Contract, as at the Manpower date will be excluded from the Return. Additionally, only the Zero Hour employees who work in the Manpower Month will be included. When all employees have been correctly entered, then the Manpower process will continue as either a normal return or as a Nil return. Where no employees are found a Nil return reason must be specified. If there has been a change in ownership of the business, within the reporting period, then it should be duly noted. The return can then be ‘Completed’ where upon the Manpower Summary and Detailed reports are displayed, and the required XML file created in the background. The reports should be printed and checked to ensure they are as required / expected. If any issues are found at this stage, then they should be fixed and the process started from the beginning again ! The ITAX program is now used to lodge the created XML file with the authorities, and the returned Lodgement Number duly noted on the Summary report. The naming of the Manpower XML file will be: JSY_MAN_ManRef_BusRef_yyyymm_yyyy-mm-dd-hh-nn_Version.xml Once the file has been lodged the return should be frozen thus ensuring the details can not be changed. To review previous returns, select Jersey | View Manpower Returns select the appropriate Employer and Date all reports can then be reviewed and printed and, if required, the XML file can be recreated ! OP - 05 Jan 2014 Guidance notes re Manpower Return for developers. The Population Office requirement for the 2014 manpower return (from return due January, 2014 onwards – the 31st December 2013 snapshot) is as follows: Employee details required 1. Social Security Number 2. First Name 3. Last Name 4. Residential status (Registered, Licensed, Entitled) 5. Part time/Full time/Zero hour 6. Type of contract – Non‐permanent, Permanent 7. Exempt status 8. Date(s) joined business 9. Date(s) left business Residential Status With effect from 1st July 2013 all Jersey residents will hold one of the following four Residential Statuses: Entitled Entitled for work Licensed for work Registered for work For the purposes of the Manpower Return a person should be recorded as Entitled if they are either Entitled or Entitled for work. Please note that a person’s entitled status may or may not carry the attribute of them being permanently entitled. Again, for the Manpower Return the status Entitled should be used. The total number of staff for employed by the business for each Residential Status and Employment Type must be entered in the appropriate part of the form Entitled This is someone who has lived in Jersey for 10 aggregated years if they’re Jersey born or at least 10 continuous years if they’re non‐Jersey born. There are some complexities around this so if you are unsure as to a person’s status then you should refer them to the Population Office for clarification. Such a person can work anywhere and an employer does not need a license to employ such an individual. Under prior regulations, this person would have been considered as ‘Locally Qualified’. Entitled to Work This is someone who has lived in Jersey for five consecutive years immediately before the date the card is issued, or is married to someone who is 'entitled', 'licensed', or 'entitled to work' Such a person can work anywhere and an employer does not need a license to employ such an individual. Under prior regulations, this person would have been considered as ‘Locally Qualified’. For the purposes of the Manpower Return a person should be recorded as Entitled if they are either Entitled or Entitled for work. Please note that a person’s entitled status may or may not carry the attribute of them being permanently entitled. Again, for the Manpower Return the status Entitled should be used. Licensed This is someone who is an ‘essential employee’. An employer needs a license to employee a ‘licensed’ person Under prior regulations, this person would have been considered a ‘J category’ employee. Registered This is someone who does not qualify under the other categories. An employer needs a licence to employ a 'registered' person Under prior regulations, this person would have been considered as ‘Non‐Qualified’. Contract Type Permanent vs Non‐Permanent Contracts A permanent employee is one whose contract of employment is open ended. A non‐permanent employee is one who is employed on a contract with a fixed termination date. Part‐time / Full‐Time / Zero Hours All staff whose contract of employment is for more than 25 hours per week is classed as ‘Full‐Time’. All staff whose contract of employment is for 25 hours per week is classed as ‘Part‐Time’. All employees on aZero Hour Contract who worked for any period of time during the calendar month of the Manpower Return (i.e. December and June) must be included in the Manpower Return in the appropriate section. There is no need to record or confirm whether or not such a person worked more or less than 25 hours during the month. Exempt Staff Exempt staff will not be counted towards the total allowed employee level for the Manpower return. However, exempt staff must be listed in the employee return section of the Manpower Return but categorised as exempt. The following persons would be classed as exempt: A replacement person for a leaving member of staff so long as the two employees do not overlap one another for a period longer than 30 days. A replacement person covering the maternity leave of another person for a period not longer than 9 months. For all other leave types, a person covering the leave of another member of staff for a period of no longer than 3 months. A person working for the business for a total period of 10 days or less in any 12 months. A person working for a total period of 60 days or less in any 12 month period as a company director, company secretary, partner, foundation council member, trustee of an express trust or other such equivalent responsibility. A person working in Jersey for a total period of 60 days or less in any 12 month period for one or more financial services companies where each such company is a member of an international group and for which the person works mainly outside Jersey. Anyone under the age of 16. A young registered person in possession of a letter from the Population Office confirming that they are exempt. Treatment of employees Directors, Principals and Self Employed Owners All directors, principals and self‐employed owners working in the business must include themselves as well as fellow working directors and principals in the return. Students Persons in full‐time secondary or tertiary education who are aged 16 or over working in excess of 8 hours per week must be recorded on the Manpower return according to their contact type. Low hour workers Persons aged 16 or over yet working less than eight hours per week who are not on a zero hour contract should be included in the Manpower Return. Seasonal Staff If seasonal staff are not employed on the return day i.e. 30th June or 31st December they should not be included in the return. Temporary Staff All persons working in a business but employed via a contract with another company should be excluded from the businesses Manpower Return. Examples of such contracts would be the use of ‘Temps’ employed via an employment agency or consultancy type engagements. Please note that if you are an employment agency employing such persons then you should include these staff in your headcount as normal. As a guide, if a business is liable for payment of the employer portion of the quarterly social security contributions then they should be included in that business’s Manpower Return. Alternatively, if another business is paying for the person’s employer social security contribution then this person should be excluded. The total number of staff for employed by the business for each Residential Status and Employment Type must be entered in the appropriate part of the form Nil Returns It is required by law than all business must submit a Manpower Return. If the business has: ceased trading, temporarily stopped trading not yet started trading thena Manpower Return must still be made. If the business falls into one of the three categories that would cause a nil return then ensure this reason is entered in the return. Bill Hallam V02 25/09/2013
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