Part 6A: Continuity of Employment

Download the Response Form [RTF 6 pages, 180kB]

Please ensure you complete this form identifying yourself or your organisation and return it by email or post no later than 5pm, 15 March 2010.

Please email your completed questionnaire to ERconsultation@dol.govt.nz (preferred)
or post it to:
      Review of Part 6A
      Workplace Policy Group
      Department of Labour
      PO Box 3705
      Wellington

If you are completing the questionnaire electronically, please feel free to expand the length of the spaces provided for your answers and to attach any supporting documents.  If you are completing it on paper, please feel free to add other pages but make clear which question your answer refers to.  Specific examples of what you think is working well, or could be improved would be welcome.

Personal/ organisational information

1.  Your full name*

2.  Name of your business or organisation (if applicable)

3.  Postal address

4. Email address

5. Telephone number/s

6.  Relevant activities you or your business/organisation are involved with

7.  Size of business/organisation and/or any relevant details related to membership

8.  Are you your organisation or your members affected by subpart 1 and 2 of Part 6A?

9. Are you comfortable with the contents of your submission being a matter of public record?

* Please note that your name and contact information will remain confidential to the Department of Labour to the extent that the law allows. The Department of Labour is the intended recipient and holder of the information and can be contacted at PO Box 3705, Wellington, New Zealand.  In accordance with Privacy Principle 7, you have the right to access and correct any personal information you provide.

Part One: The Operation of Part 6A: Questionnaire

Level of Awareness amongst affected employers and employees

Part 1 Question 1: What is the extent of your knowledge about the provisions in subpart 1 and 2 of Part 6A of the Employment Relations Act 2000?

Part 1 Question 2: What is the extent of your knowledge about the provisions in subpart 3 of Part 6A of the Employment Relations Act 2000?

Part 1 Question 3: How would you describe the knowledge of Part 6A among parties who are/may be affected by it, including employers and principal enterprises, employees and representatives?

Part 1 Question 4: What approach would you consider most effective in building the awareness of provisions in Part 6A?

Transference of accrued entitlements

Part 1 Question 5:  What problems are you aware of, for any of the parties involved, around the transfer of accrued entitlements?

Part 1 Question 6: What approach would you consider most effective to ensure the transfer of funds to the new employer to meet the costs of an employee’s accrued entitlements?

Part 1 Question 7: Should there be a choice about whether accrued entitlements are transferred or paid out by the outgoing employer at the point of transfer.

Part 1 Question 8: Discuss any issues that might arise for any of the parties by establishing an obligation in the Act to transfer funds.

Employee transfer costs information

Part 1 Question 9: What issues are you aware of in relation to the timeframes for the employee transfer cost information?

Part 1 Question 10:  What additional information would improve the smooth transfer of a contract for service?

Part 1 Question 11:  What administrative and/or financial implications are you aware of in relation to providing the required information?

Part 1 Question 12:  What issues are you aware of in relation to commercial sensitivity and requirements to disclose employee cost information?

Partial transfer of employment

Part 1 Question 13: What is your experience with partial transfer situations?

Part 1 Question 14: What changes or improvements do you suggest to ensure a smooth and efficient transfer in partial transfer situations?

Transfer of employees in a poorly performing service

Part 1 Question 15: Describe your experience of transfers involving poorly performing services and the impact on you, your organisation, or your business?

Part 1 Question 16: What are your views of the appropriateness of the impact of Part 6A on tendering processes?

Schedule 1A

Part 1 Question 17: What is your understanding of the meaning and extent of the phrase “vulnerable worker”?

Part 1 Question 18: What issues are you aware of, if any, in relation to the definitions provided in Schedule 1A?

Part 1 Question 19: What parameters and process could help to ensure fair and consistent outcomes for proposals to amend Schedule 1A? 

Protection for employees not specified in Schedule 1A (subpart 3 of Part 6A)

Part 1 Question 20: To what extent do you believe provisions in employment agreements for all other employees have achieved the objective of providing protection for employees in the event of restructuring?

Part 2 Question 21: Are there some employment circumstances where subpart 3 of Part 6A should not apply, for example employment in small and medium sized enterprises?

Part 1 Question 22: How do you suggest compliance with the employee protection provisions should be achieved? 

Part 1 Question 23: What issues are you aware of in relation to employment protection provisions? 

Other issues

Part 1 Question 24: What specific costs and benefits have you encountered in your experiences of part 6A?

Part 1 Question 25: What, if any, do you believe are unintended consequences resulting from the application and interpretation of part 6A?

Part 1 Question 26: What are your views on whether Part 6A is fair to affected employers?

Part 1 Question 27: What are your views on whether Part 6A is fair to affected employees?

Part 1 Question 28: What suggestions do you have to improve the application and workability of Part 6A?

Part 1 Question 29: What changes to the current employment relations legislation would make the most difference to productivity in your workplace? Why?

Part Two: The policy of providing special protections for some employees (subpart 1 of Part 6A): Questionnaire

Part 2 Question 1: Are the issues that led to the introduction of Part 6A still valid? In particular, does the specified group of workers experience a disadvantage during restructuring through the sale, transfer or contracting out of a business that warrants special protections?

Part 2 Question 2: What categories of employees, if any, should have more protection for continuity of employment than other employees?

Part 2 Question 3: Does the policy meet its objectives of providing protection to the specified group of workers, while at the same time retaining the viability and efficiency of the market?

Part 2 Question 4: Does the policy have any detrimental effects on the employers, employees or the wider community and economy? In particular, how equitable and/or efficient is this policy?

Part 2 Question 5: Are there other ways of addressing the issues of disadvantage that would better meet the objectives and/or which would reduce any detrimental effects?

Part 2 Question 6:  Please provide any other information or views you have about the relevance and desirability of providing special protections for a defined group of workers.