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Have your employment agreements been updated to meet the new legislation?

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As of April 2017, we see changes that were made to minimum Employment standards last April for all new Employees, now apply to all Employees.  So what are these changes? And what do you need to change to ensure your agreement is compliant.

Hours of Work

  • Hours of Work Set hours, including days, start and finish times need to be agreed and clearly stated in the individual Agreements
  • Additional hours/Overtime can be offered, however
    • Employees need to be reasonably compensated for their availability, this would be stated in their agreement
    • Employers are not obliged to offer additional hours or overtime and the Employee is free to decline (remember majority of our clients pay overtime as a flat rate, however you need to list this)

Shift workers

  • You will be able to be cancel a shift provided there is provision in the agreement.  The provision must allow for
    • A reasonable period of notice for cancellation ie: 2 hours
    • Reasonable compensation will be paid if the shift is cancelled without the specified reasonable notice
    • Failure to allow for this provision will mean the Employee will be entitled to be paid what they would have earned, had they worked the shift
    • These provisions will be agreed to and stated in the agreement

Secondary Employment

Employers will no longer be able to restrict/prohibit Employees taking other employment unless there is genuine reason i.e. protecting confidential/intellectual information or genuine conflict of interest.  Justification needs to be specified in your agreement.

Deductions

Employers must consult with the Employee before each deductions is made.

What does this mean for you as an Employer?

  • Any clauses that are not compliant with the new legislation will be unenforceable.

For more information or new clauses please contact one of our HR Team, we have all these new legislation clauses available for you to pop in your Template Agreement today.

 

Claire | People Guru

BlogAimee Lander