If an agreement is reached, the terms of the existing agreement should be respected when the amendment is registered. It should be written down. B, signed by both parties and attached to the agreement. A worker may have an individual employment contract or, if unionized, is covered by a relevant collective agreement. Negotiations are unfair when a worker is at a serious disadvantage when negotiating an individual employment contract. Any modification of the contract must be made by mutual agreement and in accordance with a provision in the worker`s employment contract on how the agreement should be amended. The Employment Relations Act 2000 provides that the employer trades a change in the terms of an individual employment contract: a well-written employment contract helps the worker and the employer know what is expected of him or her and what he or she is entitled to. This means that misunderstandings are less likely to arise, and if a problem arises, then workers and employers can go to the employment contract to clarify things. 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.
The short answer is that it is important. Key factors include what is included in the employment contract regarding the amendment to the agreement, the importance of the proposed amendment, why the amendment is necessary, whether the change is beneficial to the worker or not, and whether the employer and the worker agree. At the end of the 30-day period, the worker and employer are free to negotiate and agree on different business terms in the employment contract if the worker has not become a member of the union at the end of the 30-day period. One way or another, as is the case with the amendments made by agreement, where the amendment is made in the exclusive interest of the employer, the employer should offer some benefit in exchange for the proposed amendment. It also increases the chances of reaching an agreement. In short, in the situation described above, employers should inform workers in a timely manner prior to the proposed amendment, the reasons for this change and the possible consequences if the amendment 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. If you are an employer, we recommend that new employment contracts include options for change that can be made by the employer if professional needs warrant. While employers must continue to follow a fair process, more flexible contractual terms in the event of disagreement may provide greater flexibility in implementing the changes. If the employee decides to join the union at any stage, he or she automatically joins the collective agreement (as long as he works one that falls within the collective agreement). If the worker decides not to join the union, he must have an individual employment contract.
Under the Employment Relations Amendment Act 2018, employers who are part of a collective agreement must inform potential workers of the terms of collective and individual agreements before workers sign their chosen employment contract. There are additional rules that you need to know if you want to employ someone with a temporary agreement (for a specified period or until a particular event occurs). If the worker has a fixed term or only works when the work is available and chooses to accept the work offered, he must specify it in his employment contract. If there is no collective agreement for the work performed by the worker or if the worker is not unionized, the employer and the worker must negotiate the terms of an individual employment contract. Simply because circumstances change. For example, your business may have to relocate, or there may be changes in the law that requires you to increase an employee`s salary.