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

我选择新西兰

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

我选择新西兰

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).
  

我选择新西兰

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。

我选择新西兰

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).
  

Lease

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。

我选择新西兰

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。

king_of_cut_gir

支持.....這是個進步

Lease

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？

我选择新西兰

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。

future123

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。

Lease

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。