The exception would be if you and your employer have agreed orally that you will always work a 35-hour week. If you are unsure of the legal compliance requirements of the job, please contact Butlers Business and Law and we can help. If you have worked with the same employer with a number of short-term contracts, these are added together to ensure “job continuity”. It is essential for employers to establish the right foundation when they want to effectively manage their risks related to hiring employees. The clarification of the parties, the nature of the work, the amount of remuneration to be paid and the guarantee of the signing of agreements seem to be simple requirements. However, a recent media report indicated that more than 170,000 employees in New Zealand do not have written employment contracts. The number of persons employed without a written agreement is highest in the agriculture, forestry and fisheries sectors. In these sectors, it is also of the opinion that other risks, such as health and safety, are not adequately addressed. Each employee must have a written employment contract. Although the Court of Appeal has held that an oral employment contract is applicable, it is merely good business practice and it is in the interests of both workers and employers that there is a written employment contract. In addition, the oral undertaking or statement must be attributable to the employer.
This does not necessarily mean that the employer must have made the promise; the promise may have been made by someone acting on behalf of the employer, for example. B by an agent. Finally, the offer must have been accepted by the employee and supported by an exchange of value or consideration. An employment contract is not always written to be enforceable. If this is the case, written agreements are certainly easier to enforce and are not subject to certain restrictions that have oral agreements. Oral agreements remain subject to the requirements of what it takes to establish a basic contract. In this context, employers who do not ensure that their employment contracts are properly documented face the real prospect of significant sanctions. The agency recently fined $7,000 for non-compliance with the requirements of an improvement notice. Employment contracts must contain certain clauses. Additional clauses should be adopted that meet the needs of the organization and staff. There is always a contract between an employee and an employer. You may not have anything in writing, but a contract still exists.
This is due to the fact that your agreement to work for your employer and your employer`s agreement to pay you for your work constitutes a contract. Your employer must provide you with a written statement within 2 months of starting work. The declaration must contain certain conditions. They can only imply a term by “habit and practice” if there is no explicit term dealing with the problem. For example, if you have worked 35 hours a week for 10 years, when your contract states that you should only work 30 hours, you are not allowed to work 35 hours according to habit and practice. Tess and Sorina are labour law specialists who work with employers and workers on all labour law issues, including disciplinary matters, benefit management, personal complaints, restructuring and dismissals, parental leave, health and safety, wage and wage issues, employment contracts and trade restrictions. . .