Transcript Employment Agreements - Community Law: Free legal help

Employment Agreements
Community Law New Zealand / Te Whainga Tika Aotearoa
WE WILL COVER:
Minimum requirements
Common mistakes
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Employee v Contractors
Fixed term contract
Casual employees
Restraint of Trade
Trial Periods
EMPLOYMENT AGREEMENT
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Contract for Service
Collective agreement
Individual agreement
MINIMUM REQUIREMENTS
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Must have an employment agreement
Employer must retain a signed copy
Mandatory clauses:
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Parties
Position and duties
Place of work
Hours
Type of pay
Public holidays
Process for resolving employment relations problems
WHO IS AN EMPLOYEE?
Volunteers
Contractors v employees
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Indicative: contract, industry practice
Intention of parties
Control: hours, location, tax
Number of employers
Employees
Supply own equipment
Type of business
Independence
FIXED TERM CONTRACTS
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Must be for a reason
Specify the date, event or project
Rolling over the contract
Should contain a provision allowing for early termination
CASUAL EMPLOYEES
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No expectation to give or work hours
No expectation of continuing employment
Disadvantage not to offer hours where they are available
Contract
RESTRAINT OF TRADE
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Must be reasonable
Geography and Time constraints
Essential to protect business
Public Interest
TRIAL PERIODS
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Trial periods have strict requirements
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No more than 90 days
In writing
Negotiated in good faith
New employee
Notice period
Benefits
o Can’t raise PG for dismissal (though disadvantage etc.
still available)
o No required to provide written explanation (but Good faith)
PROBATIONARY PERIODS
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Best practice
More like a performance agreement
Requirements
o In writing
o Duration and tasks are limited
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Benefits
o Gives employer a fair opportunity to assess the skills
o Does not limit legal rights or obligations
o May have shorter notice periods/
shorter prescribed process
Questions
Community Law New Zealand / Te Whainga Tika Aotearoa
THANK YOU
This presentation was put together by:
Wellington Community Law Centre
PO Box 24005, Wellington 6142
(04) 499 2928
[email protected]
www.wclc.org.nz
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time of publication. However, we can’t take
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learners may need to seek specific advice for your
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you to do so. Visit your local Community Law
Centre: www.communitylaw.org.nz
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