Q: We have two queries about standard hours.
- Some of our employees who are on standard hours, only submit timesheets for the hours they work. Is there any legislation we can quote to advise their managers that the employees should be submitting leave without pay for the hours they choose not to do not work?
- Some of our employees who are on standard hours, may be asked at times to work shorter rosters, so it could happen that they are not paid for their standard hours. This does not happen often. What should employers do in these situations? Are employers allowed to do this? If not, could you please help us quote the legislation to advise their managers that the employees should be paid for their standard hours? These employees do work extra hours if the situation requires it.
A: Heres how you address this
- Hours of work and how they are reported are based on policy and agreement. Unpaid leave is not a legislative requirement (though if greater than a week, the first week is counted as part of continuous employment), so any unpaid leave, if requested, will need to be approved or declined by the employer. In general, it is not up to the employee to decide the hours they work, as this can lead to all types of issues, such as working on a public holiday when the business did not want them to, and then claiming public holiday rates. Timesheets are not a legislative requirement in NZ.
2. If this is part of their employment agreement and there is an agreed process to follow regarding how the employee is informed of the shorter roster, then all good. If there is nothing in place, then no, as the week (rosters), based on what was agreed, is what must be followed. There is nothing in legislation that covers this, so again, it comes down to an agreed term.