Variation Of Employment Agreement Nz

Before offering an employment contract to someone, the employer must decide what type of worker he will be, for example, whether he is employed for an indefinite, fixed-term or intermittent period. The type of employment contract, which is offered and negotiated in good faith, depends on factors, for example. B if the worker is a member of the trade union. There is often resentment or mistrust on the part of an employee when asked to sign a new employment contract. This publication provides that, according to the Employment Relations Act 2018, employers who are part of a collective agreement must provide potential workers with information on the terms of both collective agreements and individual contracts before employees sign their chosen employment contract. Negotiations are unfair when a worker is severely disadvantaged, when he negotiates an individual employment contract. At the meeting, question the proposed agreement with the employee and explain the reasons for the need for a change where possible. Give the employee sufficient time to discuss the matter and inform the employee that he or she has the right to obtain legal advice. See you a few days later. If the proposed amendment affects an explicit provision of the worker`s employment contract (e.g. B its working time) and that the agreement stipulates that any modification is made by mutual agreement, it will be more difficult for an employer to unilaterally justify a modification, in particular a substantial one. There is no legislation establishing a specific consultation process to be followed when entering into an agreement amending an existing agreement, but the following process is proposed.

The process must be fair and equitable. All employees must receive a written copy of the envisaged employment contract and have the opportunity and time to get independent advice: a well-written employment contract helps the worker and the employer to know what is expected of them and what they are entitled to. This means that misunderstandings are less likely and, if there is a problem, workers and employers can go to the employment contract to clarify things. If there is no comprehensive employment contract covering the employee`s work or if the employee is not a member of the union, employers and employees must negotiate the terms of an individual employment contract. It is advisable to include many other clauses in this document, as it forms the basis of the employment relationship. If you receive help with the development of specific clauses for your company or for a simple presentation document to get started, please contact the Paul Diver Associates team. An employer must provide potential workers with information about the role and function of the union that it has received from the union. This information must be provided by the employer when negotiating terms and conditions of employment. There are additional rules you need to know if you want to employ someone with a fixed-term contract (for a fixed term or until a particular event occurs)….

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