Negotiations are unfair when a worker is at a serious disadvantage when negotiating an individual employment contract. The problem is that you cannot simply issue new employment contracts with different business terms for existing employees. It is illegal to unilaterally make changes to the terms of employment of an existing employee, so the trick is to get your employee`s consent. Before a person offers an employment contract, the employer must decide what type of employee he or she will be, for example. B if it is used permanently, temporarily or intermittently. If the worker refuses the amendment, the employer could dismiss the worker`s position, provided that he first pursues a fair and regular trial and clearly demonstrates the economic necessity of the dismissals. Every worker must have a written employment contract. In the first 30 days, new workers must be employed under conventional conditions where there is a collective agreement. An employee and an employer may agree on additional conditions that are more favourable than those provided in the collective agreement.
It is advisable to include many other clauses in this document, as it forms the basis of the working relationship. If you would like help with the development of specific clauses for your business or a simple presentation document for you, please contact the Paul Diver Associates team. This article examines the situation in which the employment contract states, as usual: “This agreement can be amended by written agreement between the employer and the employee”, the proposed amendment is more than negligible and does not benefit the employee. An employer must provide potential workers with information about the role and function of the union they have obtained from the union. This information must be provided by the employer when negotiating the terms of employment. At the end of the 30-day period, the worker and employer are free to negotiate and agree on different business terms in the employment contract if the worker has not become a member of the union at the end of the 30-day period. If an agreement is reached, the terms of the existing agreement should be respected when the amendment is registered. It should be written down. B, signed by both parties and attached to the agreement.
If an agreement can be reached, the new agreement should be written down and staff should be invited to sign the agreement. If it is a reduction in wages or benefits or a trade restriction, the employer should give the worker some “reflection” when the worker gives up something to ensure that the new agreement is binding. The worker should receive a letter with the new employment contract and indicate when it will come into effect.