If a business or part of it is to be sold or transferred to another party the employer has to follow a set of rules that apply to the transfer of work. ® Ministry of Business Innovation and Employment, Calculating payments for holidays & leave, Psychometric testing and assessment centres, Things an employment agreement must contain, Offering and negotiating employment agreements, Code of good faith in collective bargaining, Local council Easter Sunday shop trading policies, Problems getting domestic violence rights, Leave and pay entitlements during COVID-19, COVID-19: Guidance for payroll professionals, Employment New Zealand's approach to COVID-19, COVID-19 Workers and Workplaces Assistance Fund, Public, sick, bereavement, alternative pay, Changes to tax legislation for employee share schemes, Holiday and leave entitlement and payment ‘must-knows’, Positive conversations and reaching agreement, What are ethical and sustainable work practices, Demand for ethical and sustainable work practices, End-to-end assurance systems and processes, Identify and minimise labour rights issues, Assessing the impact of structure change on jobs, Restructuring when a business is sold or transferred, The benefits of being a disability confident organisation, Plan to become a disability confident organisation, Disability information and resources for employers, Resources and government support for disabled employees and jobseekers, Employers who breached employment standards, Applying for employment relations education course approval, Wage subsidy and Leave Support: Complaints about employers, Calculating payments for holidays and leave, Employer's approach to assuring ethical and sustainable work practices, Franchisor's approach to assuring ethical and sustainable work practices, Recruiters and employment brokers approach to assuring ethical and sustainable work practices. to protect your accounts from possible interference after an alleged theft, or to protect the victim in the case of an alleged sexual assault. Part-time in accordance with Roster The Employee's hours of work shall be Insert number hours per week worked over Insert number days, Insert days of week e.g. I would not recommend any significant change to an IEA (such as change of hours, position or employment type) be communicated to the employee by way of email, you’re better off detailing the proposed changes in a letter to the employee that has a space for them to sign at the bottom and return a copy to you. It is vital that the business … If you're unsure, speak to a lawyer. Unlimited phone support from employment law … Assessing the impact of structure change on jobs To understand the impact of a workplace change you need to work out the impact of the new structure on the current jobs. An agreement can be drawn up between the original employer and the host. Many larger companies offer collective employment agreements that have been negotiated by a union. Some changes will be able to be made without changing the actual employment agreement. Identify the original employment agreement, normally by referencing to the date it was signed; Explain why the change is needed; Identify what clause or clauses will be modified in the original employment agreement; Set out the new wording that will replace the previous wording; Ask the employee to … VIEW CART (0 Items) > TOOLBOX LOGIN > HOME; ABOUT US; EMPLOYMENT LAW; OUR SERVICES; OUR PRODUCTS; NEWS; CONTACT US; Taking care of business . * An employee who does not protest at an employer's unilateral changes will be deemed to have accepted them. Sometimes there will also be changes in law that require changes to the employment agreement. Normally, an IEA will contain a clause like this: Hot tip Icon. So, what should the letter say? Provided that an offer of employment has been made, and accepted, you are "a person intending to work" whether or not they have signed an employment agreement. Talk to your boss first. No. 0800 15 8000. Normally you don’t have to issue an entirely new agreement (only under certain circumstances), just provide them with a letter detailing the proposed changes. those employed on or before 31 March 2016) businesses will have until 1 April 2017 to make any required changes to their employment contracts. This could result in costly damages and unfair constructive dismissal claims. Employment Relations Act 2000 - Key employment related issues, the basics for drafting individual employment agreements, Flexible Working Arrangements (including changes relating to victims of Family Violence), Fixed-Term agreements and 90 day Trial Periods. All about pay, hours at work, record keeping and what breaks employees are entitled to. You can get free advice about employment agreements from: Employment New Zealand - call 0800 209 020 Can the employer change the employment contract without consulting the employees? Monday to Sunday between the hours of Insert range of hours e.g. Check that any changes you make won't affect any other clauses, or any guarantees. Variations to this agreement must be in writing and signed by both parties.” Changes to employment agreements can be effected in writing as easily with a brief email or a short letter. The Fair Work Act 2009 (Cth) entitles you to workplace rights as an employee. You will need to initial the changes, and so will the builder. Creating an employment agreement is an important step when hiring staff. Starting a new job is an exciting and challenging time. In this case the Employment Court found that NZ Post's investigation was not up to standard but the employee's misconduct was serious enough to justify the employee's dismissal. Employees become entitled to annual holidays, public holidays, sick leave, bereavement leave, parental leave and other types of leave as long as they meet certain conditions. Grace period ends 1 April 2017 Independent Contractor Agreements & Guide. your place of work. In very serious cases, you may be able to suspend someone while you investigate the misconduct, e.g. It’s good practice before any changes are made to review the individual employment agreement (IEA) in full and check to see if anything does actually requiring formal changes in writing. There can be many reasons for proposing a workplace change that may affect people’s jobs. It’s important for employers to use good hiring processes, and for everyone to follow minimum rights and responsibilities. As an employee, you have many of the same protections as someone who has commenced work, and also some obligations. To make sure any changes to your employment contract comply with the law consider the following: The law of contracts requires that changes to a contract are supported by "consideration." Section 343 of the Fair Work Act prohibits an employer from coercing an employee to entering a new employment contract. To understand the impact of a workplace change you need to work out the impact of the new structure on the current jobs. * Even unwilling acceptance of changes will vary a contract… You’ll need to cover off certain points, such as: Take the opportunity to sit down with your employee and go over the letter when you give it to them, even if you’ve been talking with them about the change for a while, so you can ensure they understand what you are proposing and how it will affect their agreement with you. The employment agreement forms the legal basis for employment, and if a Labour Inspector finds you don’t have one for every single employee, no matter when they started, you could be in hot wa… Changes to the Roster after publication will be discussed with you as necessary. It also toughened the penalties for employers who do not comply with their obligations. 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