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Read all the elements of an employment contract carefully before signing it. Make sure you are satisfied with each part of the agreement. If you violate the contract, there may be legal consequences. An employer is not required to enter into a written employment contract with an employee. However, even if a worker signs a written employment contract, the employer must be careful in its wording. In addition to the written description of the workers` position, the employer should clarify the right to modify or add tasks. Similarly, an employer should specify in a written contract that the supplement of workers` benefits is optional. The employer should indicate that benefits may change at any time, although the worker is informed of a change before it occurs. To protect against misunderstandings, an employer often asks employees to sign a document that commits to a job rather than signing an employment contract. Employers are required to keep a copy of the employment contract (or current signed terms of employment). The employer must respect a „considered agreement“ even if the employee has not signed it.

Staff members are entitled, upon request, to a copy of their contract. As an employer, you are legally required to sign a written contract to each worker within two months of starting their employment. Full-time and part-time workers are entitled to the same salary – for example, hourly wages. B, the right to bank leave, sick pay, leave pay, pensions and promotion opportunities. As soon as an employee says yes to the offer of a position, there is a contract, whether or not it is a written document. The written contract should contain very specific information to ensure that there is no misunderstanding between the employer and the worker. Even if you want to write your own contract, it would be advisable to let a lawyer review a contract before it is issued to an employee to ensure that all clauses are valid and legal, especially since the law changes so often. There are many sites that offer downloadable contract templates for a fee – if you decide to use them, you should still have them checked by a lawyer or advisor.

An employment contract may be valid orally, in writing or both. The agreement may be explicit or implied. With a tacit contract, there cannot be a formal written agreement that a worker signs, but an employer`s commitments can nevertheless be binding. Anything discussed between the two parties can be interpreted as a spoken labour agreement. An explicit employment contract mentions in writing the work obligations, remuneration and the number of hours worked. Implicit contracts involve expectations on the part of both employers and employees. In most cases, workers work under an unspoken and explicit employment contract. For employers, it is essential to obtain a correct foundation if they are to effectively address their recruitment risks. Clarification of the parties, the nature of the work, the amount of remuneration to be paid and the guarantee of the signing of agreements seem to be simple requirements.

According to a recent media report, however, more than 170,000 employees in New Zealand do not have written employment contracts. The number of workers without written agreement is highest in agriculture, forestry and fishing. In these sectors, it is also at stake that other risks, such as health and safety, are not adequately addressed. Many people think that this document is the „employment contract“, but legally, the contract is much broader than the written terms of their employment. If you have any questions on this or other employment issues, please contact our work team on 04 472 0020.