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# 136560 1-Dec-2013 22:03
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Hi There!

Wondering if people who "work" for you on work experience, unpaid, need a contract of any type?


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  # 943854 1-Dec-2013 22:19
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I would suggest you'd want some sort of contract regarding any sort of liability, non-disclosure clauses etc at the very least.

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  # 943866 1-Dec-2013 23:06
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Probably yes, for insurance/ACC/OSH purposes among other liability purposes previously mentioned.

 
 
 
 


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  # 943874 2-Dec-2013 01:06
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depends on what you mean by a "contract" perhaps too




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  # 943882 2-Dec-2013 07:43
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just tell Mauricio that he only gets 10 minutes for lunch.... :-@




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  # 943939 2-Dec-2013 09:49
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networkn: Hi There!
Wondering if people who "work" for you on work experience, unpaid, need a contract of any type?


Be very careful in this area, as its can get very messy if things go bad, 

Whether there is a formal contract or not, you certainly need to set out in writing what your expectations as an employer are for the "work experience" position are. 

Is it a trial?, or will they totally leave your business after they finish? 

http://www.stuff.co.nz/business/better-business/9129979/Ruling-may-end-unpaid-job-trials


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  # 943958 2-Dec-2013 10:18
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Don't know about the contract bit, but it's best to be able to prove you've taken reasonable steps to keep someone safe.

I was talking to a auto electrician who has polytech students on work experience.
He takes them round the whole workshop, tells them what everything is and whether or not they're allowed to use it. He then gets them to sign the form that outlines the same thing.

If it's an office environment, then it's obviously a less dangerous environment, but you still need to do some kind of induction. You can not assume someone knows anything.

As well as what wellygary said, you might have something like:

* You have been told what the fire alarm sounds like.
* You have been told where the Assembly point is.
* You may use the photocopier, but you must not to open any covers.
* You have been shown the correct setup and use of the computer to reduce RSI.
* You are aware that the coffee machine is hot, and you have been shown how to use it
* You are aware that you should never let yourself get between Susan and the coffee machine.




Location: Dunedin

 

 




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  # 943970 2-Dec-2013 10:47
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andrewNZ: Don't know about the contract bit, but it's best to be able to prove you've taken reasonable steps to keep someone safe.

I was talking to a auto electrician who has polytech students on work experience.
He takes them round the whole workshop, tells them what everything is and whether or not they're allowed to use it. He then gets them to sign the form that outlines the same thing.

If it's an office environment, then it's obviously a less dangerous environment, but you still need to do some kind of induction. You can not assume someone knows anything.

As well as what wellygary said, you might have something like:

* You have been told what the fire alarm sounds like.
* You have been told where the Assembly point is.
* You may use the photocopier, but you must not to open any covers.
* You have been shown the correct setup and use of the computer to reduce RSI.
* You are aware that the coffee machine is hot, and you have been shown how to use it
* You are aware that you should never let yourself get between Susan and the coffee machine.


Thanks that is good advice. 


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  # 944326 2-Dec-2013 19:36
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Good on you for giving people work experience most businesses don't want to know.

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  # 944665 3-Dec-2013 12:31
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What you appear to be referring to is being a “Volunteer”. If you do not expect to be paid for the work you do and you receive no reward for your work, you are a volunteer and the Employment Relations Act does not apply. Consequently no Employment Agreement (contract) is required. But all practicable steps have to be taken to protect your health and safety.

If you do expect to be paid then you aren’t a volunteer you are an “employee” even if it is dressed up as an “internship. If you are an employee all legal employee rights apply which includes a written employment agreement. You also get ACC coverage, possibly access to Kiwisaver and you get holidays and sick leave after qualifying periods.

Agree – there also ought to be some contractual protection of IP etc. But then I wouldn’t be letting an intern loose on my valuable stuff. Probably also an understanding of what the free labour will involve - in writing is always better - reduces the risk of miscommunication

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  # 944674 3-Dec-2013 12:46
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Also, unless it is a week long end of year school thing they might be looking for some sort of reference, or to put on their CV...

Therefore, written records would assist you in keeping a track of their time with you if someone comes calling further on down the track.

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