Force Majeure Employment Agreement Nz
If an employee has to isolate himself because of the risk of COVID-19 (coronavirus) because of a government mandate, the employee is not “ready, willing and fit for work.” There is therefore no legal obligation to pay a worker, unless his employment contract or company policy does not have it otherwise. As a starting point, employment contracts must include: Keep in mind that, unless your employment contract is agreed to, you have a permanent right based on your full rights under your employment contract. Your employer cannot change your contract without your consent. You can`t tell them you`re “taking it or leaving” it or threatening to fire you, unless you agree. For example, the rules for the 90-day trial period have changed at least three times, unless the employment contract is the right version, you may not be able to rely on the clause. Working from home does not require a new employment contract and your employer cannot simply get you to sign a contract. Instead, you and your employer can accept a policy or letter with temporary changes to your work plans while you work from home. This issue must be discussed in good faith. Employment contracts must be reviewed on a regular basis. Before you make an agreement with a new employee, make sure your contract model is up to date.
We now have an active FAQ on employment issues related to COVID-19 on our Together website here. You can also record here the specific employment problems you face with regard to COVID-19. If you are entitled to a redundancy, you will find them in your collective or individual agreements or in any other agreement you have with the employer. As a general rule, the rights include termination or payment instead of notice and possibly redundancy pay. For access to benefits and emergency assistance due to job loss, loss of hours of work, sick leave, layoffs, the Ministry of Social Development provides assistance. We draw attention to the fact that during this period, you cannot force a staff member to take alternative/annual or sick leave. We propose to bribe the worker and his union or their representative. The same applies when a person has coronavirus and has acquired his or her acquired rights to pay for illness. Remember your duties from an employment law perspective: a worker on sick leave is entitled to a 5-day payment after 6 months of continuous work and may also choose to take sick leave in case of sick leave exhaustion. If a worker is on sick leave or annual leave, but is too uncomfortable to register for work or has to stay at home to care for children who are either sick or because the schools are closed, the employer is generally not required to pay that worker for sick leave. Unlike other relationships, a working relationship is a mixture of fair commitment and written agreement. A series of properly constructed contracts and work policies is essential for companies to live this particular period of our history.