If there is a collective agreement for their work and the worker is unionized: in short, in the situation described above, employers should inform workers in a timely manner prior to the proposed amendment, the reasons for the change and the possible consequences if the change does not progress. Depending on the circumstances, this may result in a potential threat to the worker`s employment. However, this should only be addressed if it is a real possibility and not a threat. Just because an employer gives a worker a proposed employment contract does not mean that the worker must accept it. An employee can cancel the offer or negotiate all the terms they wish to change and propose additional terms that they wish to be covered. Employers and workers must negotiate in good faith. When entering into an employment contract, the employer must also inform the worker of the worker`s rights under the 2003 Holiday Act and the fact that the employee can obtain additional information about his rights from a union or by contacting us. If you have questions about employment contracts, deviations from these agreements or your obligations in a faithful constitution, call us at (09) 375 8699 to discuss them or email us at firstname.lastname@example.org. At the end of the 30-day period, the terms and conditions remain in effect, unless the employee has become a member of the union or the employee and the employer have decided to negotiate and agree different commercial terms in the employment contract concerned. Employers are entitled to additional conditions in their employment contracts with 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. Employment contracts are prescribed by law and must be recorded in writing and should be signed by both parties. The same applies (in most cases) to changes to employment contracts. The Employment Relations Authority`s decision in Edwards/Two Degrees Mobile Ltd reminds the employer of the basic requirement to reduce agreements to the letter. It also shows that employers` attempts to unilaterally impose new or modified conditions on workers will not be successful. In its decision, the Authority stressed the importance of written agreements, particularly in the context of employment: in the first 30 days, new workers must be employed under conventional conditions where there is a collective agreement.