In the past, the term “comprehensive benefit” has sometimes been used to determine whether the discrepancies in employment contracts were legitimate. This concept is no longer valid. The Leave Act 2003 specifies that each component of leave plans must be at least as favourable to workers as the rights set out in the legislation. It can be difficult. On the one hand, the law recognizes as a general proposal the prerogative of an employer to manage or organize its business. On the other hand, it is not an absolute right and the terms of the worker`s employment contract should not be overlooked. Individual employment contracts can be changed, but only if there is a real reason and both parties agree. If you go back up to optimize them over and over again so that they fit the reality of the work, it could be laborious and weigh on the relationship you have with your team members. There must be a real reason for change and all changes must be discussed with the worker and made in writing. 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. It is much better to see the agreement as a building block of quality work and as part of a culture of cooperation, trust and excellence in the workplace.
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. Once you have established an employment contract and you and your employee have signed it, you must both meet the obligations set out in it. As an employer, you cannot ask your employees to accept less than fundamental rights and a worker could claim a right to discrimination, violation of faith or unfair negotiations if he feels that he has been seriously disadvantaged during negotiations or during his employment. You must have a written employment contract (also called an employment contract) for all employees – even if you don`t need it for contractors or volunteers. An employment contract is based on mutual understanding – that is why it is an agreement and not a contract – and everything in it should be clearly understood by both parties.