Minimum employee rights nzz

As you may have picked up, employment rights are a hot topic at the moment, as both small and large scale employers are being pursued for not getting the basics right. However, an employer cannot make a specific deduction pursuant to a general deductions clause without first consulting the employee and employees can withdraw or vary their consent in writing;. An employee must have a written employment agreement which contains the compulsory clauses outlined in section 65 of the Employment Relations Act Act ;. Employees are entitled to a number of different types of leave, including 11 public holidays per year.

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Content:

• New Zealand
• Minimum rights of employees
• Types of work arrangements and hours
• Wrap up of recent and upcoming employment law changes
• Employment Relations Amendment Act 2018 changes to rest and meal break entitlements – May 2019
• Your rights: Working under Aussie law
• Some clarity regarding availability provisions
• Employer obligations 101
• Minimum Employment Standards
• Work and Wages

WATCH RELATED VIDEO: WORK RIGHTS IN NEW ZEALAND - AJV GLOBAL

New Zealand

Whether you are an employer or an employee, you should check your employment agreement and make sure it complies with the minimum requirements. Directors and senior business managers can now also be held personally accountable. The Employment Relations Act ERA requires that every employee must have an employment agreement and that agreement must be in writing whether it is for a permanent, fixed term or casual position. The agreement must include the following:.

Within the ERA, there are further specific requirements in relation to certain types of clauses. For example, if the agreement includes a trial period clause, there are specific requirements which must be met if it is to be relied on to end employment within 90 days.

The Employment Standards Bill was enacted earlier this year, with effect from 1 April It introduced a suite of changes to employment law including some which mean existing employment agreements will need updating. It also toughened the penalties for employers who do not comply with their obligations. Some of these changes are summarised below.

Please see us if you require a more detailed explanation of the changes and what they may mean for you. Those employees on casual and fixed term agreements are also eligible. These are where employees can return to work on a limited basis for up to 40 hours total during their leave without losing their leave entitlements.

This allows employees to keep up-to-date with any training or changes in the workplace, and to maintain their social and professional bonds. Zero-hour contracts are now prohibited. Where an employer and employee agree the hours that are to be worked, this must be recorded in the employment agreement. Where particular hours are not agreed, the agreement needs to give an indication of the hours. This must set out minimum guaranteed hours of work, and any period which the employee is required to be available above the guaranteed hours.

Employment agreements cannot contain an availability provision unless the employer has genuine reasons for requiring it and the employee is reasonably compensated for making themselves available. Currently, employers need the express consent of their employee to deduct any amounts from wages other than PAYE, etc. Employment agreements commonly contain an agreement to this effect so that the employer does not need to obtain consent every time a deduction needs to be made.

Now, even if the employment agreement contains such a clause, an employer must still consult with their employee before making a deduction. There is also a prohibition on making unreasonable deductions from wages, even if the employee consents to them. These clauses are now subject to a number of limitations. Genuine reasons can include:. A secondary employment clause can only prohibit or restrict other work to the extent necessary having regard to the reasons set out in the agreement.

The Employment Standards Bill also made other changes which emphasise the importance of employment agreements:. Failing to meet minimum standards can result in penalties and infringement notices being issued. This is a good time for all employers and employees to check their employment agreements to ensure they comply with the minimum standards set out above.

Employers may also have policies which may need updating. We have experts who can assist. Do all your Employees have Employment Agreements, and do they comply? A recent report from Statistics New Zealand suggests that nearly 1 in 10 employees do not have a written employment agreement. Recent changes to employment law also mean some previously compliant agreements may need revising. Minimum requirements The Employment Relations Act ERA requires that every employee must have an employment agreement and that agreement must be in writing whether it is for a permanent, fixed term or casual position.

The agreement must include the following: Names of the employee and employer A description of the work to be performed by the employee An indication of where the employee will perform the work Any agreed hours of work or, if no hours are agreed, an indication of the arrangements relating to the times the employee is to work The wages or salary payable to the employee, and A plain language explanation of the services available for the resolution of employment relationship problems, including a reference to the period of 90 days within which a personal grievance must be raised.

Employers must retain a copy of the employment agreement. Recent changes The Employment Standards Bill was enacted earlier this year, with effect from 1 April Deductions from wages Currently, employers need the express consent of their employee to deduct any amounts from wages other than PAYE, etc. Check your agreements This is a good time for all employers and employees to check their employment agreements to ensure they comply with the minimum standards set out above.

It should not be substituted for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are the views of the authors individually and do not necessarily reflect the view of this firm. Articles appearing in Fineprint may be reproduced with prior approval from the editor and credit being given to the source.

Editor - Adrienne Olsen, em. Jessica Shaw Senior Associate. Ellen Snedden Senior Solicitor.

Minimum rights of employees

In New Zealand, your minimum employment rights are legally protected by law whether or not they are specified in your employment agreement. Examples are the minimum wage, holidays and leave entitlements. There are many other provisions that are simply matters for negotiation between you and your employer. For instance, hours of work, remuneration and redundancy provisions.

Types of work arrangements and hours

This module is a quick summary to your employment rights. All employees are encouraged to complete this introductory module first. It is designed for all employees covering both current and future workers. After completing this module, you will understand the:Different types of Working Arrangements and the importance of getting it right. How to identify different Working Arrangements. Your rights regarding trial periods. Where to get information or support.

Wrap up of recent and upcoming employment law changes

There are some aspects of employment law that are of particular interest to single parents. The following is an overview. Note that for the most up-to-date information you should always check with the Ministry of Business, Innovation and Employment on freephone 20 90 If you have problems with your employment, the Ministry of Business, Innovation and Employment can also provide information about your rights and obligations, and what to do.

Employment Relations Amendment Act 2018 changes to rest and meal break entitlements – May 2019

Employment law advice NZ — Have you recently been fired or had your employment contract terminated? Have you faced workplace discrimination, bullying or have you been the subject of workplace harassment and require some assistance in protecting your employment rights? If the answer is yes, then you need the services of experienced Employment Law Advocates at Dismissed. Based in Auckland but operating New Zealand wide, Dismissed are labour and employment law advocates who can help YOU with all your employment issues. At Dismissed, we understand how important it is to have a safe and supportive work environment to give you the confidence and the boost you need to excel in your career.

Your rights: Working under Aussie law

We apologise for any inconvenience. Check our holiday journeys tool external link. The Employment Relations Amendment Act external link the Act introduced several employment law changes that aim to improve fairness in the workplace and deliver decent work conditions and fair wages. As part of this Act, on 6 May changes came in to effect that relate to the commercial transport sector. Below is some information for drivers and employers about what these changes mean. Greater detail about the Act is available on the Employment New Zealand website external link. Read the following questions and answers for drivers and employers on changes to the Act regarding rest and meal break entitlements. From 6 May , the right to set rest and meal breaks was restored for all employees, including transport drivers.

Some clarity regarding availability provisions

Our most frequently asked questions about having employees. If you cannot find the answer to your question here, then please call our CEC on An employee is a person who has agreed to be employed to work for some form of payment under a contract of service. Under an Individualised Funding arrangement, an employee is engaged by the person receiving disability funding or their nominated agent to provide them with support.

Employer obligations 101

RELATED VIDEO: Keeping up with Minimum Employment Standards in New Zealand

If you are an employee or employer in New Zealand there are things you should know about your rights and responsibilities:. Employees and employers can of course discuss better rights than the legal minimums. When these are agreed they should be noted in the contract for future reference. Contact Employment New Zealand to get information, resources and tools to make understanding your key rights and obligations simple and convenient for you. Friendly helpline staff can discuss your issue and provide you with information, options to handle your problem, and refer you to support including community-based legal advice.

Minimum Employment Standards

New Zealand is settling in for the August Delta variant Covid lockdown. While this lockdown was unexpected and much faster than the March events, we now have the benefit of practical experience and a number of judicial decisions on how employers dealt with staff during the March lockdown which we summarise below. Does an employer need to pay employees when they are unable to come to work due to the Covid lockdown? The employer argued it was released from its obligations under the Wages Protection Act and its staff employment agreements to pay their normal wages and salaries because the workers had not performed service or work under their employment agreement. The Employment Relations Authority rejected these arguments on the following grounds:. This decision has been appealed to the Employment Court but unfortunately as at August a decision has not been issued. Is a failure to pay for hours at home a breach of minimum wage legislation?

Work and Wages

Employment law has undergone major reform in the last decade and as it remains a major tool for economic and political policy, is subject to rapid and constant change and development. Although the current Employment Relations Act is the primary Act governing employment relations, employment law is impacted by diverse areas of law. There remains a need for an updated text containing detailed analysis that gives employment law practitioners quick and easy access to the latest and most relevant cases, statutes and practical guidelines.