Consultation
QUALITY FLEXIBLE WORK
SUPPORTING INFORMATION
QUALITY FLEXIBLE WORK – THE ISSUES IN DETAIL
Quality flexible work: the range of approaches in detail
How can the ability of employers to introduce and manage flexible work arrangements in the workplace be increased?
- Provide information and resources for employers to support implementation of quality flexible work.
Explanation
Develop a range of information and resources for employers that encourages and enables them to introduce quality flexible work practices into their workplaces including the benefits of quality flexible work; “how to” guidance on implementing and managing flexible work.
Roles and Responsibilities
Employee:- onus on employee to make request
Employer:- can use resources but no obligation; still required to consider and respond to any request in good faith
Unions:- assist employees to make requests; bargain for collective agreements to have a framework for managing flexibility
Government: - develops and promotes information
Employer Groups:- promote information; provide employers with guidance on how to manage flexible work in the workplace
EXAMPLE
Business Link - choose the right type of flexible working (UK)
businesslink.gov.uk
This is a web-based interactive tool for employers to get advice on what might be the best flexible work arrangements for their particular circumstances. The site also includes other resources on flexible work for employers.
direct.gov.uk/Employment/Employees/fs/en
This is a similar tool for employees to get advice on what flexible work pattern suits them and how to build a case for requesting flexible work.
How can the ability of employees to access and use quality flexible work be increased?
- Promote how requests can be made under existing legislation, provide employees with more information about quality flexible work, and employers with information to help them consider and respond to requests
Explanation
Develop a range of information and resources for employees based on the provisions in existing legislation in relation to the rights to request flexible work arrangements; benefits of quality flexible work; and “how to” guidance on requesting flexible work. Employers may also need information to assist them to deal with requests from employees to change working conditions.
Under the Employment Relations Act employees can request changes to their working conditions when negotiating or seeking a variation to an employment agreement. If an employee requests flexible working arrangements, employers are required to act in good faith and consider and respond to the request. In responding to a request, employers must not do anything to mislead or deceive, or that is likely to mislead or deceive, the employee.
Roles and Responsibilities
Employee:- onus is on employee to make request
Employer:- required to consider and respond to request in good faith
Unions:- promote information on existing rights; assist employees to make requests; bargain for collective agreements to have a framework for managing flexibility
Government:- develops and promotes information
Employer Groups:- provide employers with guidance on how to manage flexible work in the workplace
EXAMPLE
Paid Parental Leave
The Department of Labour produces a paper based resource An employee’s guide to parental leave that covers:
- entitlements for employees under the Parental Leave and Employment Protection Act 1987;
- procedures to follow when applying for leave; and
- requirements around returning to work.
Information is also available from the Department’s contact centre and website www.ers.govt.nz/parentalleave/ including an on line calculator for entitlements, and information for employers.
How can the ability of employees to access and use quality flexible work be increased?
- Provide legislation with more specific provisions about employees’ rights to request flexible work
Explanation
The right to request flexible work, the process to be followed and the grounds for acceptance/refusal could be covered in legislation .
The extent of the right to request could range from having a low level of justification for the request with few grounds for refusal through to higher level of justification and a wider range of grounds for refusal (see the United Kingdom example below).
Areas that legislation could cover include:
- Who qualifies for the right to request. Legislation could cover certain groups, for example parents with children or those looking after elderly dependents, or cover all employees regardless of whether they have caring responsibilities. Particular groups could be prioritised with staged introduction for others.
- What can be requested, for example changes to hours, place of work, and times of work.
- How often a request can be made.
- Process for dealing with the request.
- Grounds for accepting or refusing a request, for example business impact, performance, tenure.
- Process for appealing a decision by the employer.
Roles and Responsibilities
Employee:- onus is on employee to make request
Employer:- deals with requests in line with legislation; makes information on the right to request available for employees
Unions:- promote information on the right to request; assist employees to make requests; bargain for collective agreements to have a framework for managing flexibility
Government:- enacts legislation, provides guidance on implementation
Employer Groups:- provide employers with guidance on how to manage flexible work in the workplace
EXAMPLE
The right to request in the United Kingdom
The UK introduced the right to request flexible work in 2003. It applies to parents of children under 6 years of age, and parents of children with a disability under 18 years of age. It enables employees to request a change to their hours of work; the times they work; or where they work.
It also establishes the process to be followed by employers and employees and the specific grounds employers could use for refusal. From April 2007 the law will extend the right to request flexible working to carers of adults.
For more information see Department of Trade and Industry’s Flexible working: the right to request and the duty to consider – a guide for employers and employees www.dti.gov.uk/files/file21364.pdf
How can workplaces effectively achieve quality flexible work?
- Provide formalised guidelines for employers on how to implement and manage quality flexible work options.
Explanation
Develop and formalise guidelines for employers on introducing and managing quality flexible work practices in workplaces. For example a code of good practice for flexible working could be developed, through consultation with employers and unions, under the Employment Relations Act.
Note: codes can be developed under the Employment Relations Act, however such codes are not binding (guidance only).
Roles and Responsibilities
Employee:- onus on employee to make request
Employer:- can use guidelines to help manage flexible work; still required to consider and respond to any request in good faith
Unions:- can work with employers and government to develop guidelines; can assist employees with requests; can bargain for collective agreements to have a framework for managing flexibility
Government:- develops and promotes guidelines (with employers and unions)
Employer groups:- can work with government and unions to develop guidelines
EXAMPLE
Code of good faith in collective bargaining
A Code of Good Faith has been developed under the Employment Relations Act to provide guidance on "good faith" in bargaining. The Code also helps parties to identify all the things they should be considering when bargaining in good faith.
www.ers.dol.govt.nz/goodfaith/code.html
How can workplaces effectively achieve quality flexible work?
- Government, employers, employees and unions work in partnership to implement and manage quality flexible work
Explanation
Government, employers, employees and unions can work in partnership to champion flexible work across industry sectors, jointly develop and promote information and resources, and ways to monitor changes to availability and take up of quality flexible work.
Employers, employees and unions can work in partnership to develop and implement quality flexible work practices at individual workplaces. Examples include using collective agreements to provide the framework for managing flexibility; or jointly identifying and implementing flexible work solutions and measuring their effectiveness.
These actions can sit outside legislation. An alternative is to require, under legislation, that collective agreements contain a framework for managing flexibility.
Roles and Responsibilities
Employee:- involved in developing initiatives at the workplace level; can still make individual request
Employer:- involved in developing initiatives at the workplace level: still required to consider request in good faith
Unions:- involved in developing initiatives at the workplace level; works with employers and government to develop resources; can bargain for collective agreements that include quality flexible work
Government:- develops and promotes resources (with employers and unions)
Employer groups:- can work with government and unions to develop resources
EXAMPLES
Collective agreements - Annualised hours for dairy workers*
Workers at New Zealand Milk Products, the manufacturing arm of Fonterra, are employed under a system of annualised hours. Dairy Workers Union technical officer, Angus McConnell, says workers are required to do a certain number of hours a year and get a regular salary paid out at a consistent level over 12 months.
“Once you’ve done your hours, you’ve finished your obligation,” says Angus. The system meets the needs of an industry which has huge seasonal differences and gives workers a known and consistent income. It protects their existing earnings around allowances and gives them a known and guaranteed number of hours.
Angus says annualised hours have changed the mindset of workers and the culture of the workplace. Some staff work all their hours and then have extended periods of leave. Where there used to be a lot of overtime worked, “now they just want to do their hours and get out of there”.
* From “It’s about time: a union guide to work-life balance” NZCTU 2004 available at www.union.org.nz/
Leadership - Workplace Productivity
Business New Zealand, NZCTU, Chambers of Commerce and the Department of Labour work together to promote productivity and develop practical tools for workplaces. This has included the Productivity Snapshot Toolkit, workshops across the country on productivity and case studies of productivity in action.
www.dol.govt.nz/workplaceproductivity/
