Negotiating Employment Agreements
Employment Agreement Negotiation and Enforcement
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Jamieson Partners helps employers and employees keep to what is agreed.
This can go both ways.
Employees for instance:
- abandoning jobs,
- being on drugs,
- failing to do the duties prescribed,
- leaving without notice.
On the other side of the coin employers breaching:
- minimum wage,
- parental leave,
- human rights,
- health and safety,
- employment laws.
The law requires every worker to have a written employment agreement. This must be given to you before you start work, along with an opportunity to have it checked out and issues negotiated before signing. You keep a copy as does the boss.
What to expect when going enforcing an agreement:
It may be hard to negotiate changes to the agreement you are presented with if desperate not to spoil your chances of getting a job.
Bosses can be fined for not supplying a written employment agreement.
Employment agreements are of two types. An Individual Employment Agreement between an individual worker and an employer or a Collective Employment Agreement covering a number of workers at the same workplace, with pay scales usually negotiated by a union or a representative.
Jamieson Partners is widely experienced in assisting unions or worker groups negotiate collective agreements.
An Individual Employment Agreement can either be for permanent, part-time, fixed term, or casual work. The business.govt.nz website is great in explaining these differences and providing, particularly for employers, a free tool for drafting up employment agreements.
There is no excuse for any employer, whatever their size, not to have fair, straightforward written employment agreements with staff.
Finally, disputes are not uncommon if a person is a labour only or an independent contractor rather than an employee -to perhaps avoid a personal grievance or ACC claim. Here again, a genuine written independent contract is essential to avoid such arguments. These Jamieson Partners can provide.
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