The+duty+of+employment+law

|| by QIAN ZHAO
 * Employment Law in New Zealand


 * Topic question: what obligations/ duties does the employer owe to the employee? **

Background: What is the duties of employment? The employer is under a duty to indemnify the employee. There is also a common law duty to take care of the employee’s health and safety by providing reasonable working conditions. While this duty exists at common law, it has been largely superseded by the Health and Safety at Work Act 1974 and subsequent regulations which impose a statutory duty on the employer and the employee. An employment solicitor can advise an employer on their health and safety obligations towards employees, which includes having employers’ liability insurance in place.

Where does the law in this area come from? The law is comes from 'common law' which have been developed thought previously decided cases. As a result of entering into an employment relationship, employers and employees owe each other certain duties and obligations which have their origins in the common law of contract.

 What is requird under the law?
 * It's requird the duty to pay the employee the agreed amount if the employee arrives for work and is able to work. It's lelated to Wage act 1983.
 * Provide the employee with work to do, (this is limited). However, for example, if the employee is paid by commission and the employer does not give the employee any work or if not working could damage the employee's reputation, for example if you are a senior executive in a company. Then the employer may have broken their duty to the employee.
 * Observe Health and Safety Regulations. This is in Employment Act 1992 provides a range of generalised minimum standards relating to health and safety.
 * Give employees correct information about rights under their contract.
 * Give employees reasonable opportunity to have their complaints looked at.
 * There is no duty to provide references to an employee. (except where the reference is required by the Financial Service Authority.) However, if a reference is provided the employer owes a duty to the employee to make sure the reference is completed with reasonable skill and care and is true, accurate and fair. The employer also owes a duty to the receiver of the reference not to make any negligent statements about the employee.
 * The employer and employee also owe each other a duty of "Mutual Trust & Confidence", basically they must show respect for each other. Examples of breaches: Harassing or victimising employees, particularly in front of other employees who are less senior than the victim. Physical violence by employer or employee. Theft by employee. There is no duty to pay Contractual Sick Pay.
 * There is an obligation on an employer to pay statutory sick pay for the first 28 weeks an employee is absent due to sickness in any period of 3 years. If an employee is eligible. They will be entitled to at least 4 weeks holiday in any one year period. It's related to under the holiday act 2003.

what is the impact of the law on the way that business is conducted in New Zealand? The benefit for the duty of employment law: New Zealand employers are obliged to offer an employment agreement to each employee, which sets out their respective responsibilities and entitlements. New Zealand employment law is centered on a concept of “good faith”, which obliges employers, employees and unions to act fairly and be truthful, and encourages them to sort out any issues that arise among themselves.  The disadvantage is the employer impressed in the employee the confidentiality of the information-however an employment cannot prevent the use or disclosure of information merely by telling the employee that is confidential.

Where can you find out more information about the duty of employment law ? <span style="color: #000000; font-family: 'Comic Sans MS',cursive; font-size: 110%;">You can find more information on this link : []