What are the changes to employment relations & holidays legislation?
Changes to the Holidays Act 2003 and the Employment Relations Act 2000 have been passed by Parliament.
The Employment Relations Amendment Act 2010 and Holidays Amendment Act 2010 introduce a wide range of legislative amendments.
The main changes to the Holidays Act include:
· The ability for employees to cash in a maximum of one week of annual holidays.
· Transferring public holidays to another working day.
The main changes to the Employment Relations Act include:
· Extending trial periods to all employers.
· Changes to the personal grievance provisions.
· Requiring consent to be given before a union can access a workplaces, and confirming communication with employees can occur during collective bargaining.
· Requiring employers to retain employment agreements.
· Extending the role and powers of labour inspectors.
Most changes for both Acts will come into effect on 1 April, 2011.
One provision in the Holidays Amendment Act 2010 comes into effect immediately. This is a clarifying provision relating to the treatment of holidays and leave during a 'closedown' of a business. For example if your business has an annual ‘closedown’ or ‘shut down’ period that includes public holidays (as can happen over the Christmas / New Year period) then the employee is entitled to be paid for the public holidays if it is an otherwise working day for the employee.
One provision in the Employment Relations Act 2010 comes into effect from 1 July 2011. This provision requires employers to retain a signed copy of individual’s employment agreement or current signed copy of the terms and conditions. Employees are entitled to a copy of their agreement if they request one.
You can view the amendment Acts here:
Employment Relations Amendment Act 2010
Holidays Amendment Act 2010
A guide to the new changes will be available on the Department of Labour web site before 1 April 2011.
The Department’s online tools will also be updated to reflect the changes. All subscribers to the Department’s email database will receive regular updates as information is developed.
To receive updates as soon as more information becomes available, subscribe to the Department’s email service at http://www.dol.govt.nz/common/subscribe/
Date Modified: Tuesday, December 21, 2010
Disclaimer: The content on this website covers common problems. It will not answer every question
and should not be used as a substitute for legislation or legal advice. State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988). The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
