New Employment Law Changes Impact on Employment Agreements

Posted by on 26 April 2019

Employment law changes in 2019 impact on current employment agreements

There have been a number of employment law changes in 2019. Refer to our earlier article for more detail on the employment law changes.

What does this mean for your employment agreements?

  • Employers should check their employment agreements to make sure that the terms of their agreements do not contradict the new law.
  • Employers are required by law to inform employees of their leave entitlements when they enter into an employment agreement, so employers could either add the domestic violence leave provisions to their employment agreements or add it to their policies (which are made available to employees when they are employed).
  • For employers with 20 or more employee's you will need to remove the 90 day trial period from 6th May 2019, and consider whether or not to use a probabtionary period. If you decided to use a probationary period then you will need to insert an appropriate clause into your employment agreement.
  • It may pay to check the meal and rest break provision and make sure it doesnt contradict the new law change. In the absence of agreement as to when breaks and meal breaks are taken, the default provisions will apply, which means that breaks must be taken in the middle of each work period, to the extent that it is ‘practicable and reasonable to do so’.  In order to avoid this, and in the absence of an existing satisfactory/lawful agreement, employers should now endeavor to agree more practical arrangements with their employees. 
  • Except for the points raised above regarding domestic violence leave and probationary periods, as long as your current employment agreement doesnt contradict the new employment law, there is no requirement to insert new terms and conditions into the written employment agreement in order to reflect the new law. The new law applies regardless of what is stated in the employment agreement, and can not be contracted out of.