Law changes include infringement fees for lack of written employment agreements

Article Published : 05.04.2019

For some time employers have been required by law to have written employment agreements with all employees.  Failure to comply with this requirement sometimes resulted in penalties being imposed by the Employment Relations Authority. 

From 6 May 2019 individual employment agreements which are not in writing will constitute an infringement offence under the Employment Relations (Infringement Offences) Regulations 2019.

The infringement fee for a breach of this requirement is $1,000.

At a minimum, written employment agreements must include the following terms —

  • the names of the employee and employer concerned; and
  • a description of the work to be performed by the employee; and
  • an indication of where the employee is to perform the work; and
  • any agreed hours of work or, if no hours of work are agreed, an indication of the arrangements relating to the times the employee is to work; and
  • the wages or salary payable to the employee; and
  • a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to the 90 day time limit for raising a personal grievance.

If you employ staff and do not have written employment agreements for them, now is the time to remedy this.  It is also a good time to ensure that the written employment agreements you do have are still fit for purpose.
Please contact us to discuss how we can help you comply with these legal requirements.

If you have any questions on these matters, please contact Gareth Abdinor on (03) 379-0712 or at gareth.abdinor@malley.co.nz.

Article by Gareth Abdinor

Gareth is driven to build long-term relationships with his clients and to provide them with trusted guidance and practical solutions to their legal challenges. Gareth is an employment law specialist and advises employers and employees on all aspects of the employment process, including documenting the employment relationship, disciplinary processes, terminating employment, employee restraints, health & safety and restructuring.

  • 03 363 6356
  • City