Our second article in our series “The Life Cycle of Employment,” examines the importance of defining the nature of the role and identifying the relevant employment agreement for the role. This step is critical for employers as it guides the recruitment process and provides a framework for expectations over the course of employment.
Framing the Role
Considering the following questions will help to ensure there is clarity around the nature of the role and its requirements:
- What is the purpose of the role?
- What are the requirements for the role to serve its intended purpose?
- What is a clear description of the role?
- What are the goals you are hoping the role will achieve?
- How long do you think the role is required for these goals to be achieved?
Choosing the Right Employment Agreement
It is important to define the nature of the role as this will determine the relevant type of employment agreement that should be used, this could be a:
- Fixed-term agreement – this has a specific start and end date or ending ‘event’. It is important to note that to have a valid fixed term agreement, there must be a genuine business reason for doing so (e.g., covering maternity leave, completion of a particular project requiring additional resources). This must be made clear to the prospective employee at the commencement of the agreement.
- Casual agreement – this is where the employee works on an “as and when required’ basis, meaning there is no obligation to provide regular hours or ongoing employment.
- Part-time permanent agreement – this is where the position is permanent and there are set guaranteed hours, but the hours are not full-time.
- Full-time permanent agreement – this is where the position is permanent and the employee is guaranteed full time hours, this is generally 35-45 hours per week.
Ensuring you are using the correct type of employment agreement for the requirements of the role is critical. Each agreement has different implications for both employers and employees, impacting job security, benefits, and flexibility.
If you are thinking of making changes to your business and would like assistance, please contact the team at Black Door Law.
Coming up next in our Life Cycle of Employment series: a deep dive into the importance of clear, comprehensive position descriptions and what to consider when creating and maintaining them.
Disclaimer: This information is intended as general legal information and does not constitute legal advice. If you have a specific issue and wish to discuss it, get in touch with the Black Door Law team by email hello@blackdoorlaw.co.nz or calling (04) 2803980.