The length of time for this change must be stated in writing in the employment agreement variation. A termination clause in an employment contract can limit the size of a severance package. This could be a temporary change until the employee can resume their existing job. NZ. retain the employees named in their subsidy applications for the period they are receiving the subsidy, personal grievance for unjustified dismissal. We’ll send you a link to a feedback form. My hours were reduced in jan with the promise they would return when business improved and I could pick up more hours when another member of staff went on maternity leave, I agreed to this. Thirdly have to show “good faith” in the process – that is be open and honest about what they are doing and listen to what you have to say. Employers must legally consider this in good faith. If you are on a zero-hours contract for example, there is unlikely to be any rights to be provided with work or pay (even in these circumstances, you should seek advice). The employer is obliged to consult with employees and to consider their feedback. It involves treating others fairly using common sense. For example, you can offer them reduced hours or increased annual leave entitlements. Lawyer's Assistant: What steps have been taken so far? Employment agreement obligations are not varied by any of the current government schemes. Insolvency and trustee services (external link), Download the template from Business.govt.nz, You must enable JavaScript to submit this form. There are several requirements on employers and safeguards against wrongful redundancies. If you have an individual contract, your employer must give you a copy of any changes they want to make and give you a chance to get advice from someone you trust. Authorised by NZCTU, Level 5, 178 Willis Street, Wellington. And it’s important to remember you keep your employees well informed during the process. If an employee thinks that the change to their hours is disadvantaging them and that the process the employer followed was unfair or there were no genuine reasons for changing the hours of work, an employee should first try to resolve the issue with their … Can my employer reduce my hours? My employer is restructuring, has halved my hours and duties and changed the role title. Where changes to current working arrangements are proposed by an employer, there are specific good faith requirements that must be followed. Any changes made need to be consulted on and agreed to by both parties. In some situations, where an employee is unable to do their existing job, an employer may propose that the employee does a different job. Your contract can’t lower or take away your rights under the law. What are my right in this situation, can he just reduce my hours to suit the business. This must be negotiated in good faith. At Belsky, Weinberg & Horowitz, LLC, we understand the challenges of going up against an employer. And there are a series of downloadable fact sheets on employment-related issues and COVID-19 here. Working from home does not require a new employment agreement and your employer can’t just make you sign one. You can also log specific workplace problems that you are facing in relation to COVID-19 here. COVID-19 Leave Support Scheme – Work and Income (external link). Or ring your GP but do not turn up to your GP unannounced – they will arrange an alternative way for you to be assessed or seen. Parties must be responsive and communicative. He says I have to re-apply for the position, if I am unsuccessful I will be offered redundancy. Alternatively, employers may propose changes to work times or moving to shift work arrangements to manage physical distancing requirements. Benefits and payments – Work and Income (external link). This needs to be discussed in good faith. The Employment Relations Authority may also look at other issues, such as whether the employer provided you with counselling, with career and financial advice, and with retraining. You should use sick leave only if you are sick. This means that normal obligations to keep in regular contact and to act in good faith are more important than ever. The first job of the day is to organise the room attendants scheduals and to organise who will be cleaning what rooms. https://workandincome.govt.nz/eligibility/emergencies/2020/coronavirus.html, https://workandincome.govt.nz/eligibility/lost-job/health-condition.html, https://workandincome.govt.nz/eligibility/lost-job/index.html, https://www.workandincome.govt.nz/eligibility/lost-job/health-condition.html, https://www.workandincome.govt.nz/products/a-z-benefits/jobseeker-support.html, https://www.workandincome.govt.nz/online-services/apply/what-is-a-stand-down.html, https://www.workandincome.govt.nz/online-services/apply/online-application-process-mymsd.html, https://workandincome.govt.nz/eligibility/urgent-costs/index.html, https://www.workandincome.govt.nz/eligibility/urgent-costs/food.html, https://www.workandincome.govt.nz/products/a-z-benefits/accommodation-supplement.html, https://www.workandincome.govt.nz/housing/live-in-home/housing-costs/index.html, http://www.together.org.nz/covid-19-work-rights, https://www.youtube.com/watch?v=SDUkmAdKsJE&feature=emb_title, https://www.mentalhealth.org.nz/get-help/covid-19/top-tips-to-get-through/, https://www.health.govt.nz/news-media/news-items/need-talk-free-phone-or-text-1737. Do not go out if you are unwell– even in the same home – stay away from others if you are unwell. Unless your employment agreement specifically covers this – suspension is illegal. If you have a regular pattern of work over a period of time  – the law would say you are not a casual. Instead, you and your employer could agree to a policy or letter with temporary changes to your work arrangements while you are working at home. Your employer may want to vary your employment agreements. Employers who need to reduce pay will have to secure their employee’s consent first before they can adjust remuneration. They still have to follow your employment agreement. If you have any flu symptoms (cough, fever and breathing difficulties) do not delay – contact the health line team on 0800 358 5453. If you are entitled to any redundancy entitlements, these will be found in your collective or individual employment agreements, or any other agreement you’ve made with employer. Not working because of a health condition or disability (includes no sick leave) –, The different costs for help with and what you can get –, Rent/board costs – Accommodation Supplement –. If your employer takes any money out of your pay, while expecting you to work your normal hours, this would be against the Wages Protection Act 1983. Does this mean that if your boss says, “I'm cutting your pay” that you can say, “No thanks, I'll continue at the higher rate of pay"? If your employer takes any money out of your pay, while expecting you to work your normal hours, this would be against the Wages Protection Act 1983. Sick leave is only to be used in the circumstances described in s65 of the Holidays Act: the employee, their spouse or partner, or person who depends on the employee is sick or injured. Employers and employees must discuss in good faith the implications of COVID-19 on their working arrangements. You can also log health and safety issues onto the CTU web site: http://www.together.org.nz/covid-19-work-rights. Parties must not act in a misleading or deceptive way. The government has been very clear – the subsidy goes to the employer but they must pass, If your employer is collecting the wage subsidy they can’t make you – or any other people at work – redundant. Employers should only use these clauses to vary a contract if they have a good reason, for example the business is struggling financially and needs to cut staff hours. Can my employer just stop paying me because of COVID-19? Each situation will be different depending on the nature of the company in receivership. They took on a new person to cover the maternity leaver, I questioned this and was told they needed some one to cover odd days. Instead of reducing your working hours your employer may make you redundant and offer you alternative work under a new contract of employment. An employer cannot unilaterally change a fundamental term of employment without being at risk of a constructive dismissal claim. However, employees should be paid at their contracted rate, for each and every hour they work regardless of the Alert Level unless otherwise negotiated in good faith, which can never be below the minimum wage. Any changes to an employment require agreement negotiation and agreement. The essential health measures to reduce the spread of infection and eliminate corona virus are: If you are an essential worker there will be specific health and safety precaution in your workplace. Good faith means that you and your employer, as well as your union, must be honest with each other and actively communicate. Don’t be taken advantage of. It will largely depend on the terms of your contract as to whether your employer can reduce your hours and pay. 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