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Employment Relations Act 2000

General provisions - Enforceable undertakings

223B: Enforceable undertakings

You could also call this:

“A promise made by an employer to fix problems or pay money owed, which can be enforced by law.”

You and a Labour Inspector can make a written agreement called an enforceable undertaking. In this agreement, you promise to do certain things by a specific date. These things can include fixing any rules you might have broken, paying money you owe to an employee, or doing something else the Labour Inspector thinks is right based on what rule you didn’t follow.

If you want to change or cancel this agreement after you’ve made it, you can. But you need to ask the Labour Inspector first, and they have to say it’s okay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3642205.

Topics:
Work and jobs > Worker rights
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223A: Functions of Labour Inspector, or

“Labour Inspectors check and help make sure people follow work rules.”

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223C: Enforcement of undertakings, or

“The law says the government can make sure promises made by employers are kept, and there are consequences if they don't.”

Part 11 General provisions
Enforceable undertakings

223BEnforceable undertakings

  1. A Labour Inspector and an employer may agree in writing that the employer will undertake by a specified date (an enforceable undertaking) to—

  2. rectify the breach of any provision of the relevant Acts; or
    1. pay money owed to an employee under a provision of the relevant Acts; or
      1. take any other action that the Labour Inspector determines is appropriate having regard to the nature of the breach of the provision of the relevant Act.

        1. The employer may withdraw or vary an enforceable undertaking agreed under subsection (1) at any time, but only with the consent of the Labour Inspector.

        Notes
        • Section 223B: inserted, on , by section 37 of the Employment Relations Amendment Act 2010 (2010 No 125).