Changes to the laws on employment relations and holidays
Introduction
Changes to the Employment Relations Act 2000 and the Holidays Act 2003 were passed by Parliament in November 2010.
The changes introduced a wide range of legislative amendments. It is important for employers and employees to be aware of the changes and how they affect them.
Most changes for both Acts will come into effect on 1 April 2011. The changes coming into effect on other dates are:
- clarification of leave entitlements during a business close-down period has already come into force
- the requirement for employers to retain a signed copy of the employment agreement or the current signed terms and conditions of employment comes into effect on 1 July 2011.
This guide provides a summary of the major changes.
Changes to Employment Relations Act 2000 at a glance
The main changes to the law include:
- Changes to union access to workplaces
- Clarifying that employers may communicate with employees during collective bargaining
- Requiring employers to retain employment agreements
- Extending the trial period provision to all businesses
- Changes to the personal grievance provisions
- Measures to promote early problem resolution, mediation in disputes and changes in relation to the Employment Relations Authority and Employment Court
- Changes to Labour Inspectors' roles and powers
- Extending and increasing penalties.
You can view the Employment Relations Amendment Act 2010 at www.legislation.govt.nz
Changes to the Holidays Act 2003 at a glance
The main changes to the law include:
- Changes to the calculation of payments for public holidays, alternative holidays, sick leave and bereavement leave
- Allowing employees to ask to cash up a maximum of one week of annual holidays
- Changes to transferring the observance of public holidays
- Changes to when employees can take alternative holidays
- Requirements regarding requesting proof of sickness or injury
- Clarification of entitlements during a closedown period
- Other changes including penalties for non-compliance and definitions of payments and allowances.
You can view the Holidays Amendment Act 2010 at www.legislation.govt.nz
Department of Labour advice
As well as this guide to the law changes, a number of information resources, such as printed and electronic fact sheets and FAQs and the online tools, are being updated to reflect the changes.
To receive updates when new information is available subscribe at www.dol.govt.nz/subscribe.
