Protected Disclosures Act 2000(external link) is on the New Zealand legislation website. Since 2 October 2000, the Employment Relations Act 2000 (the Act) has provided the legal foundations for managing employee relations right across New Zealand. From providing a structure of negotiating collective agreements to defining an employee, the Act covers the basic elements of employment and the legal protections and obligations of both employers and employees. Minimum wage reviews This page provides the Cabinet papers and regulatory impact analyses for previous reviews of the minimum wages. PARTY HEAD OFFICE 09 523 0470 . Employees become entitled to annual holidays, public holidays, sick leave, bereavement leave, parental leave and other types of leave as long as they meet certain conditions. There are several ways in which employment relationships may be ended, such as resignation, retirement, dismissal or redundancy. The Human Rights Review Tribunal can hear claims relating to breaches of the Human Rights Act 1993 brought by employees against their employer. Employment Relations Act 2000 Since 2 October 2000, the Employment Relations Act 2000 (the Act) has provided the legal foundations for managing employee relations right across New Zealand. Templates and resources for KETs and pay slips. The Parliamentary Counsel Office www.govt.nz Status: Current legislation The New Zealand Employment Relations Act 2000 (sometimes known by its acronym, ERA) is a statute of the Parliament of New Zealand. Read all about them … The Employment Act is Singapore's main labour law. Please note that this content will change over time and may be out of date. Addressing zero-hour contracts. The predominant pieces of legislation for our employment law are: (new window will open from NZ Legislation site) It came into effect on 4 April 2016. Authorised by D Smith, Suite 2.5, 27 Gillies Avenue, Newmarket, Auckland 1023. Clear workplace policies and procedures support employment agreements and mean everyone knows how things are meant to be done. Promotes the concepts of good faith and fair process. Amendments to the Act. Parental Leave and Employment Protection Act 1987 (external link) is on the New Zealand legislation website. The Act gives more protections for employees, especially vulnerable workers, and strengthens collective bargaining and union rights in the workplace. The list of proposed 2018 employment law changes is a long one. Employment Act (CHAPTER 91) (Original Enactment: Act 17 of 1968) REVISED EDITION 2009 (31st July 2009) An Act relating to employment. The Act also outlines the penalties you, as an employer, or employees can face for breaching any of the obligations in the Act. The Employment Standards Legislation Act aims to encourage fair and productive workplaces and ensure employment law responds to a dynamic business environment. Key changes to the Employment Act with effect from 1 April 2019. Section 4(6): added, on 1 December 2004, by section 5(3) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86). Holidays Act 2003(external link) is on the New Zealand legislation website. Promotes mediation as the first step when resolving employment relationship problems. This Act is administered by the Ministry of Business, Innovation, and Employment. The Holidays Act 2003 (the Act) is the fundamental piece of legislation outlining leave entitlements for employees. Prohibits employment premiums (where an employee pays an employer in exchange for employment). What: The following changes to the Employment Relations Amendment Act 2018 come into effect. This duty applies to unions and employers bargaining for a collective agreement. The Act's purpose The Employment Relations Amendment Act 2018 was passed into law on 6 December 2018. If a “redundant” person is replaced by someone else in the same position, the redundancy is very unlikely to be justifiable. Employers report increased employment as a result of the Act. The Act also sets out the role of the Human Rights Commission . Figure 1. The employment agreement must have terms and conditions which are at least as good as the minimum rights in the law. Ministry of Business, Innovation, and Employment, union membership status or involvement in union activities, About this
Starting a new job is an exciting and challenging time. Minimum sick leave entitlement proposed to increase from 2021 23 December 2020 The Employment Relations Act 2000 (the "ER Act") is the most fundamental employment law statute in New Zealand. Summary of What Employers Need To Know About 2018 Employment Law Changes….. They must also make sure your workplace is safe. This is especially so for part-time and casual employment, but also for full-time employment. Still haven't found what you're looking for? 90-day trial periods will be limited to businesses with 19 employees … Prohibits discrimination in the pay rate of employees, based on the sex of the employee. Read the full guide from Employsure and learn about the Act today. Health and Safety at Work Act 2015(external link) is on the New Zealand legislation website. A range of legislation is relevant to employment relationships. The ER Act repealed the Employment Contracts Act 1991 (the "ECA"). the new Employment Relations Act (ER Act) in 2000. Created with NationBuilder. Privacy Act 1993(external link) is on the New Zealand legislation website. The Employment Contracts Act 1991 For almost a century after it was passed in 1894, the Industrial Conciliation and Arbitration Act gave trade unions a dominant role in New Zealand industrial relations. The Act's purpose. As a result, New Zealand's work health and safety system underwent its most significant reforms for 20 years resulting in the establishment of … Employment Relations Act 2000(external link) is on the New Zealand legislation website. Employees must be given set rest and meal breaks based on the number of hours worked, to help them work safely and productively. The Gas Act 1992 provides for the regulation, supply, and use of gas, the regulation of the gas industry, and to protect the health and safety of members of the public in connection with the supply and use of gas in New Zealand. It is important for employers to know that whether an employee is full-time, part-time, fixed term or casual, they are entitled to some form of annual leave or holiday. EPSOM ELECTORATE OFFICE 09 522 7464. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. The Employment Court and its predecessors have their foundations in the Industrial Conciliation and Arbitration Act 1894. The ER Act repealed the Employment Contracts Act 1991 (the "ECA"). This Act may be cited as the Employment Act. Interpretation: 2. The Human Rights Act 1993 (HRA) and the Employment Relations Act 2000 (ERA) help to ensure all workplaces are safe and fair. The only things that MUST NOT be in an individual employment agreement are anything that is inconsistent with the Employment Relations Act 2000 (as amended) or anything that is otherwise unlawful. Provides minimum rights to annual leave, sick leave and bereavement leave. EPSOM ELECTORATE OFFICE 09 522 7464. Many of the changes are familiar to employers, as they roll the law back to how it was as recently as 2015. ... Code of good faith for employment relationships in relation to provision of services by New Zealand Police: 100G: Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police: PRELIMINARY: Short title: 1. At present, there are separate minimum wages for workers between the ages of 16 and 20, and for workers 20 years of age and upwards. It came into effect on 4 April 2016. Both acts cover the many forms of discrimination in regards to sexual harassment, employment, and unjust treatment in the workplace. The ER Act enacts for the first time in New Zealand a statutory duty to bargain in good faith. The Employment Relations Amendment Act 2018 was passed into law on 6 December 2018. The Act restored protections for workers, especially vulnerable workers, and strengthened the role of collective bargaining in the workplace. New Zealand labour share of GDP (1988-2018) Read more It was substantially amended by the Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001 and by the ERAA (No 2) 2004. Contact us — Employment New Zealand. The main changes to employment law it introduced included: modernising parental leave. site, Parties to employment relationship to deal with each other in good faith, Penalty for certain breaches of duty of good faith, Records relating to minimum entitlement provisions, Employer’s general obligation to keep records relating to minimum entitlement provisions, Provisions affecting application of amendments to this Act, Contracts, agreements, or other arrangements inconsistent with section 8 or section 9, Registration of unions and related matters, Application by society to register as union, When society entitled to be registered as union, Union entitled to represent members’ interests, Union delegates entitled to reasonable paid time to represent employees, Representative of union must obtain consent to enter workplace, Conditions relating to access to workplaces, When access to workplaces may be denied on religious grounds, Penalty for certain acts in relation to entering workplace, Registrar of Unions may seek directions of Authority, Persons who have standing in proceedings relating to unions, Employer’s information sharing obligations, Union may provide employer with information about role and functions of union to pass on to prospective employees, Good faith in bargaining for collective agreement, Duty of good faith requires parties to conclude collective agreement unless genuine reason not to, Providing information in bargaining for collective agreement, Appointment of committee to recommend codes of good faith, Minister may approve code of good faith not recommended by committee, Amendment and revocation of code of good faith, Authority or court may have regard to code of good faith, Employees’ attention to be drawn to initiation of bargaining, Employer may opt out of bargaining for collective agreement, or for agreement to join collective agreement, involving 2 or more employers, One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement, When secret ballots required after employer initiates bargaining for single collective agreement, When requirement for secret ballot does not apply, Parties joining bargaining after it begins, Purpose of facilitating collective bargaining, Grounds on which Authority may accept reference, Limitation on which member of Authority may provide facilitation, Statements made by parties during facilitation, Proposals made or positions reached during facilitation, Party must deal with Authority in good faith, Determining collective agreement if breach of duty of good faith, Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining, Authority may determine that bargaining has concluded, Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration, When collective agreement comes into force and expires, Continuation of collective agreement after specified expiry date, Application of collective agreement to subsequent parties, Employee bound by only 1 collective agreement in respect of same work, Employee who resigns as member of union but does not resign as employee, Copy of collective agreement to be delivered to chief executive, Undermining collective bargaining or collective agreement, Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement, Breach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement, Individual employees’ terms and conditions of employment, Good faith in bargaining for individual employment agreement, Terms and conditions of employment if work covered by collective agreement, Employee bound by applicable collective agreement may agree to additional terms and conditions of employment, Terms and conditions for first 30 days of employment of new employee who is not member of union, Employer must share new employee information with union unless employee objects, Terms and conditions of employment of employee who is not member of union after expiry of 30-day period, Terms and conditions of employment of new employee who is not member of union, Bargaining for individual employment agreement or individual terms and conditions in employment agreement, Additional employer obligations when bargaining for terms and conditions of employment under section 62, Employer must retain copy of individual employment agreement or individual terms and conditions of employment, Form and content of individual employment agreement, Specific terms and conditions of employment, When employment agreement may contain provision for trial period for 90 days or less, Effect of trial provision under section 67A, Employee may refuse to perform certain work, Employee not to be treated adversely because of refusal to perform certain work, Unfair bargaining for individual employment agreements, Employee’s statutory right to make request, Employer must notify decision as soon as possible, Grounds for refusal of request by employer, Review of operation of Part after 2 years, Flexible working short-term for people affected by, Employee has choice of procedure at initial stage, Mediation after initial reference to Labour Inspector, Application to Authority after initial or later reference to mediation, Continuity of employment if employees’ work affected by restructuring, Subpart 1—Specified categories of employees, Meaning of contracting in, contracting out, and subsequent contracting, Provision of information for purposes of giving warranty, Examples of contracting in, contracting out, and subsequent contracting, Employer’s breach of obligations not to affect employee’s rights and new employer’s obligations, Employee bargaining for alternative arrangements, Employee may elect to transfer to new employer, Employment of employee who elects to transfer to new employer treated as continuous, Terms and conditions of employment of transferring employee under fixed term employment, Agreements excluding entitlements for technical redundancy not affected, Liability for costs of service-related entitlements of transferring employee, Resolving disputes about apportioning liability for costs of service-related entitlements, Implied warranty by employer of transferring employees, New employer becomes party to collective agreement that binds employee electing to transfer, Employee who transfers may bargain for redundancy entitlements with new employer, Authority may investigate bargaining and determine redundancy entitlements, Subpart 2—Disclosure of information relating to transfer of employees, Disclosure of employee transfer costs information, Provision of employee transfer costs information by other persons, Updating disclosure of employee transfer costs information, Disclosure of individualised employee information, Employer who is subject to Official Information Act 1982, Collective agreements and individual employment agreements must contain employee protection provision, Affected employee may choose whether to transfer to new employer, Review of operation of Part after 3 years, Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot, Employer to notify employees if bargaining fee clause agreed to, Which employees bargaining fee clause applies to, Bargaining fee clause binding on employer and employee, Breastfeeding breaks additional to breaks under Part 6D, Code of employment practice relating to employer’s obligation, Employee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks, Exemption from requirement to provide rest breaks and meal breaks, Relationship between Part and employment agreements, Relationship between this Part and other enactments, Minister to approve employment relations education, Union entitled to allocate employment relations education leave, Calculation of maximum number of days of employment relations education leave, Union to notify employer of maximum number of days of employment relations education leave calculated, Allocation of employment relations education leave calculated in respect of another employer, Allocation of employment relations education leave to eligible employee, Eligible employee proposing to take employment relations education leave, Eligible employee taking employment relations education leave entitled to ordinary pay, Requirement for union to hold secret ballot before strike, Lawful strikes and lockouts related to collective bargaining, Lawful strikes and lockouts on grounds of safety or health, Suspension of non-striking employees where work not available during strike, Chief executive to ensure mediation services provided, Procedure to provide public with notice before strike or lockout in certain passenger transport services, Procedure to provide public with notice before strike in certain passenger transport services, Procedure to provide public with notice before lockout in certain passenger transport services, Penalty for breach of section 93(4) or 94(4), Withdrawal of notice of strike or lockout, Meaning of partial strike and specified pay deduction, Specified pay deductions in relation to partial strike, Employer may make specified pay deductions in relation to partial strike, Relationship between specified pay deduction and minimum wage, Rights of union in relation to specified pay deductions, Union may request information about specified pay deduction, Employer must respond to request for information about specified pay deduction, Resolution of problem relating to specified pay deduction, Employer’s liability for wages during lockout, Employer not liable for wages during lockout, Performance of duties of striking or locked out employees, Jurisdiction of court in relation to torts, Jurisdiction of court in relation to injunctions, Codes of employment practice and code of good faith for public health sector, Amendment and revocation of code of practice, Authority or court may have regard to code of employment practice, Code of good faith for public health sector, Amendments to or replacement of code of good faith for public health sector, Code of good faith for employment relationships in relation to provision of services by New Zealand Police, Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police, Personal grievances, disputes, and enforcement, Employee may pursue personal grievance under this Act, Joining controlling third party to personal grievance, Prohibited grounds of discrimination for purposes of section 104, Adverse treatment in employment of people affected by, Adverse conduct for prohibited health and safety reason, Definitions relating to personal grievances, Personal grievance provisions only way to challenge dismissal, Further provision regarding exceptional circumstances under section 114, Notifying controlling third party of personal grievance, Special provision where sexual harassment alleged, Sexual or racial harassment by person other than employer, Sexual or racial harassment after steps not taken to prevent repetition, Nature of personal grievance may be found to be of different type from that alleged, Remedies in relation to personal grievances, Remedies where controlling third party caused or contributed to personal grievance, Remedy reduced if contributing behaviour by employee, Provisions applying if reinstatement ordered, Authority may order interim reinstatement, Person bound by, or party to, employment agreement may pursue dispute under this Act, Matters Authority and court to have regard to in determining amount of penalty, Penalties for breach of employment agreement, Penalty for obstructing or delaying Authority investigation, Chief executive or Labour Inspector may enforce payment of penalty, Further provisions relating to compliance order by Authority, Further provisions relating to compliance order by court, Sanctions for breaches without compliance order, Compliance order in relation to disclosure of employee transfer costs information, Limitation period for actions other than personal grievances, Additional provisions relating to enforcement of employment standards, Purpose and effect of declarations of breach, Matters court to have regard to in determining amount of pecuniary penalty, Chief executive or Labour Inspector may enforce payment of pecuniary penalty, Limitation period for actions for pecuniary penalty orders, Application of section 132 of this Act and section 83 of Holidays Act 2003, More than one kind of order may be made for same breach, No pecuniary penalty and criminal sanction or other penalty for same conduct, Insurance against pecuniary penalties unlawful and of no effect, Insurance against pecuniary penalties unlawful, Liability of persons involved in breach, bodies corporate, and principals, Person involved in breach liable to penalty, When person involved in breach liable for default in payment of wages or other money due to employee, State of mind of directors, employees, or agents attributed to body corporate or other principal, Conduct of directors, employees, or agents attributed to body corporate or other principal, Defences relating to breach of minimum entitlement provisions, Procedure in relation to mediation services, Certain entitlements may be subject to mediation and agreed terms of settlement, Enforcement of terms of settlement agreed or authorised, Mediation services not to be questioned as being inappropriate, When mediation in relation to breach of employment standards is appropriate, Duty of Authority to prioritise previously mediated matters, Restriction on Authority’s power in relation to collective agreements, Application to individual employment agreements of law relating to contracts, Other provisions relating to investigations of Authority, Delegation of Chief of Authority’s functions, duties, or powers, Reports from Inspector-General of Intelligence and Security, Authority must give oral determination or oral indication of preliminary findings wherever practicable, Authority may determine matter without holding investigation meeting, Challenge in respect of dismissal of frivolous or vexatious proceedings, Challenges to determinations of Authority, Limitation on challenges to certain determinations of Authority, Limitations on consideration by Employment Court of matters arising under Part 6AA, Limitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987, Other provisions relating to proceedings of court, Application to collective agreements of law relating to contracts, Application for review by certain employees, Application of Contempt of Court Act 2019, Judge not to undertake other employment or hold other office, Protocol relating to activities of Judges, Judges act on full-time basis but may be authorised to act part-time, Senior Judge to act as Chief Judge in certain circumstances, Judges to have immunities of High Court Judges, Protection of Judges against removal from office, Appeals to Supreme Court on question of law in exceptional circumstances, Court of Appeal may refer appeals back for reconsideration, Obligation to have regard to special jurisdiction of court, Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of court, Appeal to Court of Appeal in respect of order on application for review, Documents under seal and certain signatures to be judicially noticed, Application of Official Information Act 1982, Judge may make order restricting commencement or continuation of proceeding, Procedure and appeals relating to section 222C orders, Labour Inspector may issue improvement notice, Actions to recover wages or holiday pay, etc, Obligation of Labour Inspector and department not to disclose information, Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay, Procedural requirements for infringement notices, Infringement fee and penalty not payable for the same conduct, Regulations providing for waiver, etc, of fees, Reviews of decisions of Registrars concerning fees, New Schedule 3 substituted in Police Act 1958, Enforcement of existing individual employment contracts, Enforcement of existing collective employment contracts, Existing collective employment contracts and collective bargaining, Existing procedures in relation to disputes and personal grievances, Expiration of existing collective employment contracts, Exercise of powers of Employment Tribunal after 31 January 2001, Exercise of powers of Authority before close of 31 January 2001, Exercise by Authority of powers of Tribunal after 31 January 2001, Application, savings, and transitional provisions relating to amendments to Act, Application, savings, and transitional provisions relating to amendments made to this Act after 1 January 2013, Employees to whom subpart 1 of Part 6A applies, Code of good faith for employment relationships in relation to provision of services by Police, Provisions having effect in relation to Employment Relations Authority, Provisions having effect in relation to Employment Court, Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001, Employment Relations Amendment Act (No 2) 2004, Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008, Employment Relations (Film Production Work) Amendment Act 2010, Employment Relations (Secret Ballot for Strikes) Amendment Act 2012. 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