At this stage, it’s important to be professional and enthusiastic while ensuring your candidate fully understands the expectations regarding the work, pay, benefits, and hours. Remember, nothing is official until they have accepted a job offer or started the position.
Act quickly by presenting the candidate with the details of the offer. The best and legal way to do this is by providing them with an employment agreement to review. This agreement should include all necessary information to help them make an informed decision. Be prepared to answer any questions they may have.
Creating an employment agreement
Required Paperwork
You need to provide an employment agreement for the candidate to sign before they start work. You might also include a letter officially offering them the position.
If you intend to use a trial period, you must:
- Include the details in the employment agreement
- Ensure the new employee signs the agreement before starting work, otherwise the trial period will not be legally valid.
Allow the candidate time to seek independent advice and discuss or negotiate any parts of the agreement with you. Ensure fairness in these discussions.
Once you both agree, you and your new employee must sign the employment agreement before they begin work.
Relying solely on a verbal agreement still legally protects your employee’s rights, and as an employer, you could face penalties.
Case STUDY: What not to do
Ming runs a window installation business and wants to hire an office administrator. He recalls meeting Trish, an administrator at another business who was looking for a new job. During a coffee meeting, Ming offers her the job on the spot, and she accepts, subsequently resigning from her current position.
Although Ming is legally required to provide a written employment agreement before Trish starts, he neglects to do so. Two days before her start date, Ming finds a more suitable candidate and informs Trish that he can no longer hire her.
Outraged, Trish contacts the Employment Relations Authority. They informed her that a verbal or oral employment agreement was binding, meaning she could bring a personal grievance case against Ming.
You should also:
- Verify that the candidate is entitled to work in New Zealand.
- Use VisaView to check their visa status, if necessary.
- Ensure you are registered with Inland Revenue to become an employer, especially if this is your first time hiring someone.
VisaView— Immigration New Zealand
How to register as an employer— Inland Revenue
If there’s a collective agreement at your workplace, there might be extra requirements for you to follow.
For details, see the Employment New Zealand website
Collective agreements — Employment New Zealand
Are you struggling with accounting and business management for your business? We are here to help! Get in touch with us to discuss how our expert services can support your business’s success. Contact us today to schedule a free consultation and see how we can add value to your operations. Please find us on Facebook | Linkedin | Instagram – Follow us and give us a like to see more updates and news.