The contradiction or confusion is based around the premise that on receipt of the subsidy the employer is undertaking that they will make best effort to pay the employee 80% of their salary/wage or at a minimum the subsidy amount received. Under employment law the employer must not unilaterally amend an employees rights and pay an employee less than their agreement provides.
Following are some quick tips to assist you at this time:
Employer Obligations and Tips
- Employees must act in good faith and follow appropriate process.
- Nothing during this time, including receiving the subsidy, overrides your existing obligations as an employer under the Employment Relations Act 2000.
- Careful consideration must be given to the terms and conditions of any subsidies received including obtaining your employees consent to apply using their details.
- Communication, transparency, consent and agreement are key factors when dealing with employees
We suspect that there may be some leniency shown for businesses doing their best effort, but now is the time to reflect and ensure compliance with your legal obligations. It is paramount to ensure that you continue to go forward acting appropriately and in good faith and remedy any mistakes or decisions made when under pressure. Get in contact with us today to point your business in the right direction to assist you in minimising your risk of future claims from employees.
Employee Rights and Tips
- Your employment agreement still applies.
- The rights attributed to you by the Employment Relations Act 2000 all this apply.
- Consultation, including the opportunity to ask questions and seek clarity are required.
If you're an employee who needs some clarification or advice on the changes or potential changes happening in your work place, get in contact with us to discuss your situation.
Remember nearly every business and every individual is suffering, or will suffer a degree of hardship during this time. It is important that we all work together to ensure longevity of business and therefore longevity of employment.
A business relies on its people and people rely on business.
Get in contact with us today to discuss your employment situation.