Legal Compliance Legal Compliance Issues for Staffing from a Start-up Company’s Perspective Brought to you by U-Turn Internet Services Ltd. www.uturn.net.nz This PowerPoint file formed part of a seminar given in 2004 by John McLean (U- Turn Internet Services Ltd.’s Managing Director) to a group of post-graduate potential employers at the University of Auckland. Disclaimer: U-Turn Internet Services Ltd. (or any of its partners, subsidiaries or affiliates) is not responsible for any results attained or not attained from reading or applying this resource. You should always consult a qualified professional attorney, business, or tax/bookkeeping advisor for
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Legal Compliance
Legal Compliance Issues for Staffing from a Start-up Company’s Perspective
Brought to you by U-Turn Internet Services Ltd.www.uturn.net.nz
This PowerPoint file formed part of a seminar given in 2004 by John McLean (U-Turn Internet Services Ltd.’s Managing Director) to a group of post-graduate potential employers at the University of Auckland.
Disclaimer: U-Turn Internet Services Ltd. (or any of its partners, subsidiaries or affiliates) is not responsible for any results attained or not attained from reading or applying this resource. You should always consult a qualified professional attorney, business, or tax/bookkeeping advisor for advice as to how the law pertains to your particular situation and business. The accuracy or completeness of this resource is also by no means guaranteed. Use at your own risk. This resource should not be used as a substitute for professional or legal advice.
On the Agenda…Company RegistrationHiring StaffEmployment Relations Act, 2000Other ActsTax ObligationsProblems with Employees and
Redundancy IssuesGapsResearch Proposal
Company RegistrationWhy a ‘Company’?
Name Protection Separate Legal Entity Tax Advantages Professional Advantages Financial Advantages
Register online www.companies.govt.nz Entire process can be done for $60
Hiring StaffAre you really an employer?
Does the person have to do the work themselves? Can you tell the person when/how/what to do? Do you pay the person a set rate? Can the person get overtime? Does the person work set hours/given number of
hours each week/month? Do you specify the place of work? Do you set standards for the work’s quality?
Every employee must have a written employment agreement. $5,000 fine for an individual, $10,000 for a company
Employment agreements include things like: Parties involved Job position with duties described Both parties’ obligations Place/hours of work Bonuses Holiday Pay Redundancy/Termination of employment
Drafts can be created at: http://www.ers.dol.govt.nz/relationships/builder/
Collective Employment AgreementsCollective EAs are for unionsCollective EAs must contain:
Coverage clause Obligations How to make a complaint An expiry date
The agreement may also contain company policies If they are on the EA, they are binding