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Often, homes or business have been operating without any form of written agreements with their employees. Implementing written agreements in this instance should be done with a pre-consultation process. Explain to all parties that the home or business is required by the Labour Relations Act to have written agreements and these will be handed out to each employee and explained accordingly. As it is a requirement of law, implementing written agreements cannot be something the employee disagrees with or refuses to do.

It is important to note that when these new written agreements are drawn up, there should be no negative change to the existing employment relationship (decreased wages, increased working hours etc.). This is not an opportunity to unilaterally change things that the employer has been longing to change. There must be no reduction in remuneration or benefits that the employee enjoyed before the implementation of written agreements.

When implementing new agreements / contracts:

DO inform the employee that you are going to be implementing new agreements

DO consult with them during the process and ensure that they understand their rights

DO use this as an opportunity to highlights aspects of job description that may have been neglected

DO NOT use this as an opportunity to change the employee’s working conditions negatively (increase working hours, decrease salary etc.) However you can change their working conditions positively if it is to their benefit (salary increases for example)

For further advise or to get assistance in implementing your employment contracts, please contact [email protected]