新西兰天维网社区

标题: 今天的新闻发布，雇佣关系法修正直接关系到移民的劳资问题，打击力度好大啊！快快了 [打印本页]

作者: 我选择新西兰 时间: 2015-3-26 12:29:22 标题: 今天的新闻发布，雇佣关系法修正直接关系到移民的劳资问题，打击力度好大啊！快快了

本帖最后由我选择新西兰于 2015-3-26 14:17 编辑

最新消息，刚刚得到。如果执法到位，会不会给受剥削的打工族带来希望？ Govt moves to strengthen employment standards
9:53 March 26, 2015

Press Release – New Zealand Government

Workplace Relations and Safety Minister Michael Woodhouse today announced a package of measures to strengthen enforcement of minimum employment standards.Govt moves to strengthen employment standards
Workplace Relations and Safety Minister Michael Woodhouse today announced a package of measures to strengthen enforcement of minimum employment standards.

“Employers are the backbone of our economy and most do a great job in meeting their employment obligations, but there are a number of serious breaches occurring,” Mr Woodhouse says.

“Those who breach minimum employment standards have an unfair advantage over law abiding employers and it is unfair on employees who work hard to support their families.

“Stronger sanctions for serious breaches will send the message that this type of conduct is unacceptable. The package targets the worst transgressions of employers without imposing unnecessary compliance costs on employers in general.”

Key changes include tougher sanctions, increased tools for labour inspectors and clearer record keeping requirements.
“The changes mean a more robust employment standards system where all businesses are operating on a level playing field.

This is essential for business growth and means any anti-competitive behaviour that occurs when employers breach minimum employment standards is detected and sanctioned.

“The Government is particularly concerned about the exploitation of our most vulnerable workers such as migrant workers.
“These changes deliver on our commitment to strengthen the enforcement of minimum employment standards and help ensure vulnerable workers receive their minimum employment entitlements.”

The key changes will be reflected in an Employment Standards Bill to be introduced to Parliament around the middle of this year.

A summary of the changes is available here: http://dol.govt.nz/er/services/law/legislationreviews/employmentstandards.asp

Content Sourced from scoop.co.nz

作者: joeydaowang 时间: 2015-3-26 12:29:50

提示: 作者被禁止或删除内容自动屏蔽

作者: 我选择新西兰 时间: 2015-3-26 12:35:35

Tougher sanctions

For the most serious breaches, such as exploitation, cases will be heard at the Employment Court and carry maximum penalties of $50,000 for an individual and the greater of $100,000 or three times the financial gain for a company. Previously the maximum fine was $10,000 for an individual and $20,000 for a company.
Employers will be publically named if the Employment Relations Authority or Employment Court finds they have breached minimum standards.
Individuals will also face the possibility of being banned as employers if they commit serious or persistent breaches of employment standards.
Persons other than the employer – such as directors, senior managers, legal advisors and other corporate entities – will also be held accountable for breaches of employment standards if they are knowingly and intentionally involved when an employer breaks the law. These cases can be pursued even if the employer ceases to exist.

Who will be covered by the proposal for persons other than the employer to be able to be held accountable for breaches of employment standards?

These provisions will only apply to ‘officers’ of the company, being directors and other individuals who occupy positions where they exercise significant influence over the management or administration of the whole, or a substantial part, of the business.
Persons other than the primary contravener will only be accountable if they are knowingly and intentionally involved in a contravention of the employment standards provisions.
A person would not be liable if they took reasonable and proper steps to ensure the employer complied or if they reasonably relied on information supplied by another person.
For example, a senior payroll manager, under direction from the company’s director, who has set up the payroll system in such a way that employees do not receive their full holiday entitlements, could be caught by these provisions because they could meet the definition of an ‘officer’ of the company. However, a more junior payroll clerk would not be covered.
The accountability provisions can also potentially cover individuals or other companies in a contractual relationship with the employer (for example, a legal advisor who aids the employer to manipulate corporate structures to avoid paying entitlements).

作者: 我选择新西兰 时间: 2015-3-26 12:40:32

新的法律，让支付非法工资的雇主跑了和尚跑不了庙。公司关了，还有老板可以追究法律责任。改的好。

作者: 我选择新西兰 时间: 2015-3-26 14:02:32

本帖最后由我选择新西兰于 2015-3-26 14:14 编辑

Strengthening Enforcement of Employment Standards 26 March 2015

The Government has approved a package of measures to strengthen enforcement of employment standards, including:

Tougher sanctions

For the most serious breaches, such as exploitation, cases will be heard at the Employment Court and carry maximum penalties of $50,000 for an individual and the greater of $100,000 or three times the financial gain for a company. Previously the maximum fine was $10,000 for an individual and $20,000 for a company.
Employers will be publically named if the Employment Relations Authority or Employment Court finds they have breached minimum standards.
Individuals will also face the possibility of being banned as employers if they commit serious or persistent breaches of employment standards.
Persons other than the employer – such as directors, senior managers, legal advisors and other corporate entities – will also be held accountable for breaches of employment standards if they are knowingly and intentionally involved when an employer breaks the law. These cases can be pursued even if the employer ceases to exist.

Clearer-record keeping requirements

Record-keeping requirements for wages, time, holidays and leave will be made consistent across all employment legislation.
There will be flexibility around the format for records, so long as they can show compliance with the law.
Infringement notices will be introduced for clear-cut breaches of these obligations with a maximum penalty of $1,000 per breach with a cap of $20,000 if there are multiple breaches.

What will the costs be for complying with record keeping requirements?

For most employers there will not be any costs associated with complying with the new record keeping requirements. This is because compliant employers will already be recording the necessary information.
The key requirement is that employers can produce a record of the number of hours worked each day in a pay period, and the pay for those hours, in an easily accessible form on request from the employee or from a labour inspector. Employers will have flexibility as to what form this record takes.
For those employees who work regular hours for regular pay, a simple statement of what the regular hours and pay for the employee are (for example, as set out in the employment agreement) is likely to be all that is needed to comply. However, more detailed information may be required when employees’ hours vary from day to day and from pay period to pay period, or when there is a significant departure from contracted hours.

Increased tools for labour inspectors

Information sharing: There will be enhanced information sharing powers with other regulators such as Immigration New Zealand, the Companies Office and Inland Revenue to improve the ability of labour inspectors to identify and investigate alleged breaches.
Information requests: Labour inspectors will be able to request any record or document from employers that they consider will help them determine whether a breach has occurred – for instance financial records or bank statements.

What protections will accompany the new information sharing powers for labour inspectors?

All information shared (both business and personal) will continue to be subject to the protections of the Privacy Act. Memoranda of Understanding and Approved Information Sharing Agreements (AISAs) will outline the necessary checks and balances for how labour inspectors and other regulatory parties with whom they share information are required to handle both business and personal information.
Only in very specific circumstances in which there is an Approved Information Sharing Agreement (AISA) between labour inspectors and another regulator, would the Privacy Act’s information sharing principles be modified or overridden to allow for specific personal information to be used or disclosed. However, an AISA must specify the safeguards to ensure that any interference with an individual’s privacy is minimised. The Office of the Privacy Commissioner will work with MBIE on the development of AISAs.

Why do labour inspectors need more information from employers?

Labour inspectors may request further records and documents from employers when they need to obtain supporting evidence to substantiate an alleged breach – for example, when the required wages and time records are incomplete or not evident.
Labour inspectors will need to have a reasonable belief that the records and documents they request will assist in determining whether or not a breach of an employee’s minimum entitlements has occurred.

Changes to Employment Relations Authority’s approach to employment standards cases

More employment standards cases, particularly those that involve more serious and systemic and/or intentional breaches of employment standards will be resolved at the Employment Relations Authority or Court, rather than being automatically directed to mediation services in the first instance as is now the case.
If it wishes, the Authority will continue to be able to send standards cases to mediation if they are mixed up with other employment relationship problems, or if it considers that mediation will contribute constructively to addressing the problem (for example, through clarifying the facts of the case).
Employees will be able to seek penalties at the Employment Relations Authority for any minimum entitlement breach – currently this is only possible for breaches of the Wages Protection Act.

Why can employees seek their own penalties at the Employment Relations Authority?

Employees can already seek penalties under the Wages Protection Act. Extending this right to the Minimum Wage Act and Holidays Act is consistent with the ‘self-enforcement’ nature of the employment legislation.
It means that the opportunity for the Authority to penalise employers will not be dependent on who brings the case (i.e. an employee or a labour inspector).

作者: Lease 时间: 2015-3-26 16:23:24

本帖最后由 Lease 于 2015-3-26 16:25 编辑

真的不懂你那么兴奋干嘛。

部长不也说了： most(of employers) do a great job in meeting their employment obligations.

其实只有一小部分人违法。

这样一来，以后你的生意会越来越少啦。

作者: 我选择新西兰 时间: 2015-3-26 17:27:03

Lease 发表于 2015-3-26 16:23
真的不懂你那么兴奋干嘛。

部长不也说了： most(of employers) do a great job in meeting their employme ...

法律修改，受剥削的打工族受益。我当然兴奋。

我的生意我不担心，楼上不必为我发愁。

作者: king_of_cut_gir 时间: 2015-3-26 17:38:58

支持.....這是個進步

作者: Lease 时间: 2015-3-26 17:46:43

我选择新西兰发表于 2015-3-26 17:27
法律修改，受剥削的打工族受益。我当然兴奋。

我的生意我不担心，楼上不必为我发愁。 ...

谁吃饱了为你发愁？

作者: 我选择新西兰 时间: 2015-3-26 18:05:07

Lease 发表于 2015-3-26 17:46
谁吃饱了为你发愁？

谁饿谁知道，我不知道。

作者: future123 时间: 2015-3-26 18:14:41

新的法律，让支付非法工资的雇主跑了和尚跑不了庙。公司关了，还有老板可以追究法律责任。改的好。

作者: Lease 时间: 2015-3-26 18:24:09

我选择新西兰发表于 2015-3-26 18:05
谁饿谁知道，我不知道。

我也不知道，呵呵。

欢迎光临新西兰天维网社区 (http://bbs.skytrade.co.nz/)