What protections are available for workers employed under a 90 day trial period?
From 1 April 2011 all employers will be able to employ new employees on a trial period of up to 90 calendar days.
Some protections for workers are available as follows:
- The good faith provisions of the Employment Relations Act 2000 apply to the negotiation of trial periods.
- Remedies are available for personal grievances other than those based on unjustified dismissal. For example, if employers act in a discriminatory manner or in the case of sexual or racial harassment, employees will be able to take a personal grievance under the Employment Relations Act through the Employment Relations Authority or Employment Court.
- Protections regarding pay, conditions, leave, and health and safety are unaffected by employment in a trial period.
- The new law also ensures that an employer and an employee may only agree to a trial period if the employee has not previously been employed by the employer. So, if the employment relationship ends and the employee is subsequently re-employed, the option of a trial period will not be available.
Date Modified: Thursday, 31 March 2011
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