Apart from summary termination, a contract must be terminated by termination. If the parties do not provide notice in their agreement, the law will be in default with what is called reasonable termination. What is reasonable depends on a range of factors, including the determination of seniority and length of service. Under New Zealand law, workers must receive a written agreement containing specific information on the terms of employment envisaged. Unless there is a collective agreement covering the work, a written individual employment contract must be presented and presented to the worker before the start of labour. The flexibility clause used in a registered agreement will indicate which clauses can be changed. There are minimum rights and rights that must be respected, even if they are not in the employment contract or when the contract is inferior. The worker`s individual employment contract: within 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. 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. A well-written employment contract helps the worker and employer know what is expected of them and what they are entitled to. This means that misunderstandings are less likely to arise, and if a problem arises, then workers and employers can go to the employment contract to clarify things. Individual employment contracts are drafted to reduce the risk of misunderstanding by reminding the parties of their rights and duties.
Personal leave includes leave previously known as sick leave (i.e., leave available to a worker due to assault or illness). It also includes the care leave that allows the employee to have a sabbatical leave: similarly, if a worker resigns and has to resign for four weeks, the worker can, with the employer`s agreement, develop that notice or obtain the value of that time. The employer cannot require the employee to terminate before the notice expires, unless the balance of the notice is paid to the employee. The employer has the right to apply for a medical certificate and the rules that relate precisely to when a certificate may be required vary depending on the terms of the contract. As a general rule, premiums and agreements require a certificate if an absence is more than two days.