Employers are entitled to additional conditions in their employment contracts with new workers, provided they have an individual employment contract. It does not matter that new employees have different business terms than existing employees. The Employment Relations Act 2000, section 65 (2), defines the necessary content of an employment contract, but also provides for section 65, paragraph 1, point b), which the agreement may contain the conditions that employers and workers deem appropriate. This article examines the situation in which the employment contract states, as usual: „This agreement can be amended by written agreement between the employer and the employee“, the proposed amendment is more than negligible and does not benefit the employee. The Authority found that the document referred to by Mr. Edwards contained the terms of his employment, including a three-year period. However, the Authority also found that the three-year notice provided in the first agreement had been replaced by the two-month notice in the 2006 post-agreement, which came into force in March 2007. The agreement that followed was written in a letter and signed by Mr. Edwards.
It expressly stated that the conditions should replace and replace all previous employment agreements between Mr. Edwards and Two Degrees. If the employee decides to join the union at any stage, he or she automatically joins the collective agreement (as long as he works one that falls within the collective agreement). If the worker decides not to join the union, he must have an individual employment contract. If there is a collective agreement that covers their work and the worker is unionized: just because an employer gives a proposed employment contract to a worker does not mean that the worker must accept it. An employee can cancel the offer or negotiate all the terms they wish to change and propose additional terms that they wish to be covered. Employers and workers must negotiate in good faith. When entering into an employment contract, the employer must also inform the worker of the worker`s rights under the 2003 Holiday Act and the fact that the employee can obtain additional information about his rights from a union or by contacting us. Temporary staff are easy to understand. This is discussed on the home page, click on questions about the contracts. The opportunity contract is more difficult. The Holidays Act 2003 contains no reference to „casual work.“ Instead, the law refers to intermittent or irregular employment.
There are additional rules that you need to know if you want to employ someone with a temporary agreement (for a specified period or until a particular event occurs). If the worker has a fixed term or only works when the work is available and chooses to accept the work offered, he must specify it in his employment contract. Simply because circumstances change. For example, your business may have to relocate, or there may be changes in the law that requires you to increase an employee`s salary. All changes to the employee`s terms and conditions must be recorded. This document contains five letters of the most frequent changes to an employment contract. Of course, they can also be adapted to other less frequent variations. The Authority was required to set the terms of the employment contract between Mr. Edwards and Two Degrees. In particular, the Authority had to make a decision: the Employment Relations Authority`s decision in Edwards/Two Degrees Mobile Ltd serves as a reminder to employers of the fundamental obligation to reduce agreements to the letter. It also shows that employers` attempts to unilaterally impose new or modified conditions on workers will not be successful. Under the Employment Relations Amendment Act 2018, employers who are part of a collective agreement must inform potential workers of the terms of collective and individual agreements before workers sign their chosen employment contract.