Employment Agreement Law In New Zealand

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It is a good practice to include these details in a timetable of the agreement and not in the text. This allows the parties to read the most important details and makes it easier for parties to replace or update the job description if the position of the employee, KPIs or professional title changes. All workers must have a written employment contract signed with their employer. Even if you have already accepted an oral offer for a position, you must sign a written agreement before you start working. Workers who work for 6 months with the same employer are entitled to minimum conditions of sick leave under Section 63 of the Leave Act, regardless of whether or not a specific clause is included in the employment contract. Regardless of the inclusion of a leave clause in the employment contract, the minimum provisions of the 2003 Leave Act apply at least. An employee cannot relinquish his rights. The employer may anticipate that if the worker has legitimate doubts that the worker`s health is detrimental to his or her safety in the workplace or to the safety of others in the workplace, the worker may ask the worker to conduct a medical examination. Here too, the employment contract should define the conditions under which this is possible and how the process can work. The agreement must take into account that if the employer refuses to submit to such a review or to share the results, it can draw the conclusions it deems appropriate.

In order to take a worker on a garden holiday, the employer must have his consent. Since it may be more difficult to reach an agreement at the time of termination of the employment relationship, the best way to ensure the inclusion of a clause in the employment contract allows this. Many large companies offer collective agreements negotiated by a union. If you are not a union member, you can still use the collective agreement as the basis for your terms of employment. The employer should consider including a clause dealing with what happens when the worker does not give the necessary decision and if he or she must be obliged to compensate the employer. While the employer can sue the worker in the event of losses anyway, this can provide clear security in the employment contract. Of course, most individual employment contracts are broadly the same for all workers, but if you haven`t tailored your agreements to all employees, you can miss important things (like all mandatory clauses) and put yourself in danger of not respecting labor law. A provision of availability should not be included in an employment contract, unless legislative changes are sometimes made to the employment contract.

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