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Bell& Co Give Some Employment Law Tips for Start-ups

Monday 1 October 2018, 6:24PM

By Beckie Wright

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Small business is the ‘bread and butter’ of the New Zealand economy, and many of us dream of starting our own business. However, establishing a new business is exciting, but can also be a little daunting, and Bell & Co explain that there are a number of things that employers must do when setting up their business, in order for it to comply with employment law.

Employees, employment agreements, and health and safety issues all need to be considered and worked through, such as employee types, including permanent employees, fixed-term employees and casual workers. All employees are afforded minimum rights, and employment contracts need to be drafted to include mention of the type of employee as detailed above.

All employees are given minimum entitlements regardless of whether they are explicitly stated in the employment agreement. These include entitlements to holiday pay, minimum wage, and parental leave. Although these do not need to be stated in the agreement, it is advisable to include them to be clear on what an employee is entitled to receive and to make sure that it is being provided.

90-day trial periods may also be included. These allow the suitability of an employee to be assessed. The employer can dismiss the employee within this period as long as the 90-day trial has been implemented into the agreement properly. It must be noted that the impending law change will mean that businesses with over 20 employees will not be able to use the 90-day trial period.

All employers have a primary duty of care for their workers, under the Health & Safety at Work Act 2015, and this duty means that risks need to be managed so far as to be “reasonably practicable”. This details that risks related to health and safety should be eliminated or minimised as far as possible.

A startup should assess any risks present in the business and potential causes of injury. Any specialist areas should contact experts in their industry to determine their specific needs for health and safety. The physical environment needs to be maintained along with the psychological effects of the work environment – thought should be cast on policies to combat workplace bullying and stress.

There are many components that need to be thought about when starting a business. From an employment law perspective, it is important to make sure that your business is set up properly, so for all your workplace legal needs, and for more information on lawyers for employees, employment lawyers and law firms Wellington please go to http://www.bellandco.co .