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sonyxperiageek

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#243891 7-Jan-2019 17:57
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Hi All,

 

Just a quick question, can employers add extra Day in Lieus instead of paying time and a half + a Day in Lieu for working on a public holiday on a day that you would normally work?

 

Thanks.





Sony

 

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gehenna
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  #2155941 7-Jan-2019 17:58
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Depends on what your agreement is.


wellygary
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  #2155945 7-Jan-2019 18:08
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gehenna:

 

Depends on what your agreement is.

 

 

Pretty sure you can't contract out of the Act, 

 

if its a "normal" employment relationship you get a mininimum 1.5 + a day in lieu, giving you a day in leiu in place of 1.5 normal pay would appear to be less than the law says you are entitled to ...

 

https://www.employment.govt.nz/leave-and-holidays/calculating-payments-for-leave-and-holidays/calculating-public-alternative-sick-bereavement-payments/

 

 

 

 


sonyxperiageek

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  #2155946 7-Jan-2019 18:19
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wellygary:

 

gehenna:

 

Depends on what your agreement is.

 

 

Pretty sure you can't contract out of the Act, 

 

if its a "normal" employment relationship you get a mininimum 1.5 + a day in lieu, giving you a day in leiu in place of 1.5 normal pay would appear to be less than the law says you are entitled to ...

 

https://www.employment.govt.nz/leave-and-holidays/calculating-payments-for-leave-and-holidays/calculating-public-alternative-sick-bereavement-payments/

 

 

 

 

 

 

Yes "normal" employment relationship here. That's what I thought too.





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BlinkyBill
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  #2155947 7-Jan-2019 18:19
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No, unless you are a casual employee (no fixed hours).

BlinkyBill
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  #2155948 7-Jan-2019 18:20
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gehenna:

Depends on what your agreement is.

does not depend on what your contract says. If it says this is ok, then the contract is illegal.

gehenna
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  #2155949 7-Jan-2019 18:21
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I misread.


JeremyNzl
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  #2155959 7-Jan-2019 19:28
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you used to be able to by agreement move the stats, i.e provided they were still paid at a later mutually observed time. 

 

The proviso was that the employee not be disadvantaged by the agreement. 

 

 

 

Not sure if this is applicable under 2018/19 condidtions




BlinkyBill
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  #2155976 7-Jan-2019 20:16
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JeremyNzl:

you used to be able to by agreement move the stats, i.e provided they were still paid at a later mutually observed time. 


The proviso was that the employee not be disadvantaged by the agreement. 


 


Not sure if this is applicable under 2018/19 condidtions


Only by mutual agreement, and not (in the last 25 years that I have employed 100 people) in a legally-constituted employment contract. It is and has been illegal to set up an employment contract which sought to override Holidays Act 2003, which is the latest revision. https://www.employment.govt.nz/leave-and-holidays/public-holidays/ has the entitlements.

I think it would be best if people didn’t post ill-informed guesses, which can only confuse those with questions.

cisconz
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  #2155980 7-Jan-2019 20:24
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wellygary:

 

gehenna:

 

Depends on what your agreement is.

 

 

Pretty sure you can't contract out of the Act, 

 

if its a "normal" employment relationship you get a mininimum 1.5 + a day in lieu, giving you a day in leiu in place of 1.5 normal pay would appear to be less than the law says you are entitled to ...

 

https://www.employment.govt.nz/leave-and-holidays/calculating-payments-for-leave-and-holidays/calculating-public-alternative-sick-bereavement-payments/

 

 

They said extra day in lieu.

 

Getting paid "T1 + 2 Days in Lieu" is 0.5 days more than being paid "T1.5 + 1 Day in Lieu"





Hmmmm


blakamin
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  #2155982 7-Jan-2019 20:32
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cisconz:

 

wellygary:

 

gehenna:

 

Depends on what your agreement is.

 

 

Pretty sure you can't contract out of the Act, 

 

if its a "normal" employment relationship you get a mininimum 1.5 + a day in lieu, giving you a day in leiu in place of 1.5 normal pay would appear to be less than the law says you are entitled to ...

 

https://www.employment.govt.nz/leave-and-holidays/calculating-payments-for-leave-and-holidays/calculating-public-alternative-sick-bereavement-payments/

 

 

They said extra day in lieu.

 

Getting paid "T1 + 2 Days in Lieu" is 0.5 days more than being paid "T1.5 + 1 Day in Lieu"

 

 

 

 

Might want tor re-read.. 

 

add extra Day in Lieus instead of paying time and a half + a Day in Lieu 

 

 

 

:D


sonyxperiageek

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  #2155986 7-Jan-2019 20:59
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Apologies, it is getting 2.5 days in lieu total instead of time and a half plus a day in lieu. I reckon getting paid a time and a half is slightly better as it means more money in the bank, but I guess it depends on if you want/need the extra days off or more money for someone to say it is more or less what the law says?




Sony

 

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scuwp
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  #2155997 7-Jan-2019 21:31
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gehenna:

Depends on what your agreement is.



This is correct if you are a ‘contractor’, instead of an employee.




Always be yourself, unless you can be Batman, then always be the Batman



lucky015
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  #2156034 8-Jan-2019 00:25
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sonyxperiageek: Apologies, it is getting 2.5 days in lieu total instead of time and a half plus a day in lieu. I reckon getting paid a time and a half is slightly better as it means more money in the bank, but I guess it depends on if you want/need the extra days off or more money for someone to say it is more or less what the law says?

 

Slightly off topic: Without taking into account legality it could be worthwhile to accept as an employee if holiday pay was permitted or expected to be cashed out in the near future either by special agreement or as part of a change in employer.


BlinkyBill
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  #2156038 8-Jan-2019 06:14
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scuwp:
gehenna:

Depends on what your agreement is.



This is correct if you are a ‘contractor’, instead of an employee.

Sigh. A contractor is not an employee. A contractor is not subject to the Holidays Act.. the assertion is not correct.

andrewNZ
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  #2156058 8-Jan-2019 07:03
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The law sets minimum standards and pay rates. To some extent, the employer can do things differently as long as the employee is better off.

In this case, 2.5 days in leiu would appear better off, but my gut feeling is that it's not legal, and I have a nagging feeling you're not better off somehow.

The act states an employee must be paid at least t1.5 and get a day in leiu. Usually, if there is wiggle room for payment in alternative ways, it is at least indicated. In this section, I didn't see any indication of alternative reward structures.

Thinking while I type here. Part of the problem with leiu days is the employer can partially dictate when you take them.
The more I think about it, the more I think an employment tribunal would not like this.

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