30-day rule When a collective agreement exists, all new workers hired on or after May 6, 2019 must be employed under the terms of the collective agreement that covers their role (regardless of the effective date of the collective agreement) for the first 30 days of their employment. When workers join the union (which they ask for more than they indicate on the form), they remain on the tariff conditions. It is only if the worker does not choose to join the union that the terms of the individual employment contract apply. This should indicate how the rate of pay may increase over the life of the contract. In addition, larger employers may wish to include probationary period clauses in their employment contracts rather than probationary period provisions. Trial period clauses remain available to all employers. However, a worker dismissed during a trial period still has the right to initiate all dismissal proceedings. This means that a layoff during a trial period must remain acceptable (i.e., a good reason and fairness) and thus provide less protection for employers than the trial period provisions. If the form is not made available to a new employee who is covered by the 30-day rule or if the necessary information is not communicated to the unions concerned, this can result in a fine of up to $10,000 for an individual and $20,000 for a business. Breaks and meals are reintroduced, a departure from the flexibility of existing legislation.
The number and time of rest depends on the number of hours worked. For example, a worker who works eight hours would be entitled to two 10-minute breaks and a 30-minute break. The parties can agree on the timing of the breaks, but in the absence of an agreement, the law provides for a fixed timetable. There are limited exceptions to these changes. The Labour Relations Amendment Act 2018 is now law, and many amendments concern trade union rights and collective bargaining. Some of these amendments came into force on 12 December 2018 and some will come into force in a few months. What are these changes and are you ready for that? The parties must enter into collective bargaining, unless there are real reasons not to do so. This will ensure that the parties actually try to reach an agreement. Employers can no longer choose to oppose collective bargaining for multiple employers. They must enter into negotiations with several employers when a union asks them to join them. If you have any doubts or questions about changes to unions, collective agreements and collective agreements, please contact our team.
We can also give you further instructions on how to manage this 30-day rule for your business, and you can strategically advise you on how to negotiate the terms of an individual employment contract. In our most recent article, we highlighted some of the changes to the Employment Relations Act 2000 relating to unions and collective agreements, which will come into effect after May 6, 2019. Just last week, the Department of Economy, Innovation and Employment (MBIE) released the mandatory “Active Choice” form, which is now legislated, is used when the 30-day rule applies. Employers are subject to new obligations to exchange information about new workers and trade unions with regard to workers under the 30-day rule. In short, this requires an additional level of “paperwork” for these workers and employers should adjust their boarding processes accordingly. Union representatives still need to get the agreement before entering the workplace, where there is no collective agreement or collective agreement, and for jobs that are also housing (for example. B farms).