Reasons for the introduction of an employment contract for an existing worker: employers are entitled, under additional conditions, to additional conditions in their employment contracts with all new workers, provided they have an individual employment contract. It does not matter that new employees have different business terms than existing employees. The Employment Relations Act 2000, section 65 (2), defines the necessary content of an employment contract, but also provides for section 65, paragraph 1, point b), which the agreement may contain the conditions that employers and workers deem appropriate. Confirmation letter of the changes to the contract: ” reserves the right to make appropriate changes to your terms of employment. If you would like to clarify all aspects of the application of this model, please contact the HR Support and Advice Unit. If an agreement can be reached, the new agreement should be written down and staff should be invited to sign the agreement. If it is a reduction in wages or benefits or a trade restriction, the employer should give the worker some “reflection” when the worker gives up something to ensure that the new agreement is binding. The worker should receive a letter with the new employment contract and indicate when it will come into effect. It is advisable to include many other clauses in this document, as it forms the basis of the working relationship. If you would like help with the development of specific clauses for your business or a simple presentation document for you, please contact the Paul Diver Associates team. In the absence of a variation clause, the situation becomes difficult. Here, you must first try to get your employees to accept the change. If the worker refuses the amendment, the employer could dismiss the worker`s position, provided that he first pursues a fair and regular trial and clearly demonstrates the economic necessity of the dismissals.
If the court finds that the change in the contract is unfair, they can award compensation. It can cost you up to $25,000. At the meeting, take stock of the proposed agreement with the worker and explain the reasons for the need for an amendment, as long as it is reasonable. Give the staff member enough time to discuss the issue and inform the employee that they have the right to legal advice. Arrange to see you a few days later. If you have a fair time to change contracts already in an employment contract, you should be able to do so without any problems. During the duration of an employment contract, it is likely that some of the conditions of employment will change. Some remedial measures are common, for example.
B a salary increase or promotion. And they will probably be consensual. This model of agreement defines the conditions under which an employee receives commissions from the company, the amount he can receive and the right of the company to withhold that commission if his employment is terminated for any reason. There is no law defining a specific consultation process that must follow when entering into a consultation agreement with an existing agreement, but the following process is proposed.