Varying An Employment Agreement Nz

Therefore, if the proposed amendment affects an explicit clause in the worker`s employment contract (for example. (B) and that the agreement stipulates that any changes will be agreed upon, it will be more difficult for an employer to make a unilateral change, in particular a substantial change. When an employment contract sets the worker`s work schedules, an employer generally cannot change them without the employee`s consent. This must be negotiated in good faith. If the employment contract stipulates that an employer can change working time, the employer must still act fairly and reasonably before doing so. Many employment contracts contain provisions that amend the provisions of the Holidays Act 2003. Such fluctuations often benefit the worker – for example, by offering additional annual leave, introducing a higher rate for the annual vacation allowance, or providing advice agreements on closure. A well-written employment contract helps the worker and employer know what is expected of them and what they are entitled to. This means that misunderstandings are less likely to arise, and if a problem arises, then workers and employers can go to the employment contract to clarify things.

In other words, the employer must make the worker understand these things from the outset. The employer must also state in writing in the employment contract the reasons for the length of time and termination of employment. An employer cannot change a worker`s rate of pay without discussing it in good faith and the worker`s agreement. In some situations (for example. B real financial, economic or economic problems or a real restructuring of the company), the reduction of a worker`s rate of pay can be proposed as an alternative to dismissal. The duration of this change must be indicated in writing in the modification of the employment contract. If an agreement can be reached, the new agreement should be written down and staff should be invited to sign the agreement. If it is a reduction in wages or benefits or a trade restriction, the employer should give the worker some “reflection” when the worker gives up something to ensure that the new agreement is binding. The worker should receive a letter with the new employment contract and indicate when it will come into effect.

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. An individual employment contract is a contract between an employer and an individual agent. The details of the contract apply only to this employee. An employer cannot change an employee`s job description without the employee`s consent. In some situations where a worker is unable to do his or her current job, an employer may suggest that the worker do another job. This may be a temporary change until the employee can return to his or her existing job.