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Employment Relations Act: Key Amendments

Amendments to the Employment Relations Act were passed and came into effect on 1 April 2011. Two of the significant changes are discussed below.

90-Day Trial Period

The 90-Day Trial Period for new employees, previously only for employers with fewer than 20 staff, is now available to all employers. During the trial period the employer can dismiss an employee within the first 90 days without a right to a grievance. There are certain requirements to be aware of however. The trial period must be in the written employment agreement and signed before the employment begins, the employee must not have worked for the employer before and the employer is still obliged to be constructive and communicative in the employment relationship.

Employment Agreements

The other significant change is that the employer is now required to keep a copy of every signed employment agreement. An employee has a right to request a copy of their individual employment agreement. All agreements must now contain certain provisions by law, including salary or wage details, where and when work is to be performed and an employee protection provision.

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