![]() My employer has ‘offered’ a variation on a take it or leave it basis – what can I do? Even if there is a clause like this in your contract, it does not remove the employer’s obligations under the law, including to consult with you in good faith about any changes to your contract. This is not generally true, unless there is a specific clause in your employment contract that allows for it. Some employers have tried to claim that the COVID-19 situation is an “Act of God” or “Force Majeure” that allows them to change or cancel contracts. If your employer takes any money out of your pay, while expecting you to work your normal hours, this would be against the Wages Protection Act 1983. If you are working your normal hours while at home, the law says you have to be paid your normal wages or salary. This needs to be discussed in good faith. Instead, you and your employer could agree to a policy or letter with temporary changes to your work arrangements while you are working at home. Working from home does not require a new employment agreement and your employer can’t just make you sign one. Working from home doesn’t need a new agreement Your contract can’t lower or take away your rights under the law. Then your employer must listen and respond to any questions or issues you have. If you have an individual contract, your employer must give you a copy of any changes they want to make and give you a chance to get advice from someone you trust. If you have a collective contract, your employer must negotiate any changes with your union. They can’t tell you to “take it or leave it,” or threaten to fire you unless you agree. Your employer can’t change your contract without your agreement. Good faith is a legal requirement in Section 4 of the Employment Relations Act 2000. In particular, if your employer wants to make changes that would make it hard for you to carry on with your job, they have to give you all the information and give you the chance to have your say before they make their final decision. Good faith means that you and your employer, as well as your union, must be honest with each other and actively communicate. The law says that any changes to employment agreements must be talked about and agreed in good faith.
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