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Employment Relations Act 2000

Continuity of employment if employees' work affected by restructuring - Specified categories of employees

69B: Interpretation

You could also call this:

“This section explains the meaning of important words and ideas used in the rules about keeping your job when your work changes.”

In this part of the law, you’ll find explanations for some important words and phrases. These definitions help you understand what the law means when it talks about things like restructuring or contracting out.

An ‘agreement’ is any kind of contract or arrangement. ‘Contracting in’ and ‘contracting out’ are explained in section 69C.

An ‘independent contractor’ is someone who does work under an agreement that isn’t an employment agreement. The ‘new employer’ is defined in section 69D.

‘Redundancy entitlements’ include any compensation given when someone loses their job due to redundancy.

‘Restructuring’ means contracting out, contracting in, subsequent contracting, or selling or transferring a business (or part of it) to someone else. It doesn’t include selling shares in a company or any agreements made when a company is bankrupt, in receivership, or being liquidated.

The ‘specified date’ is explained in section 69I(4).

A ‘subcontractor’ is someone hired by an independent contractor to do work that the independent contractor agreed to do for someone else. This can also include people hired by the subcontractor to do the work.

‘Subsequent contracting’ is defined in section 69C.

‘Work’ includes part of the work an employee does.

These definitions help make sure everyone understands what the law means when it uses these terms.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59181.

Topics:
Work and jobs > Worker rights
Business > Industry rules
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69A: Object of this subpart, or

“This part of the law aims to protect certain workers when their job changes hands to a new boss.”

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69C: Meaning of contracting in, contracting out, and subsequent contracting, or

“This explains how work can be moved between different people or companies.”

Part 6A Continuity of employment if employees' work affected by restructuring
Specified categories of employees

69BInterpretation

  1. In this subpart, unless the context otherwise requires,—

    agreement means a contract or arrangement

      contracting in has the meaning set out in section 69C

        contracting out has the meaning set out in section 69C

          independent contractor means a person engaged to perform work under an agreement that is not an employment agreement

            new employer has the meaning set out in section 69D

              redundancy entitlements includes redundancy compensation

                restructuring—

                1. means—
                  1. contracting out; or
                    1. contracting in; or
                      1. subsequent contracting; or
                        1. selling or transferring an employer's business (or part of it) to another person; but
                        2. to avoid doubt, does not include,—
                          1. in the case of an employer that is a company, the sale or transfer of any or all of the shares in the company; or
                            1. any contract, arrangement, sale, or transfer entered into, made, or concluded while the employer is adjudged bankrupt or in receivership or liquidation

                            specified date has the meaning given to it by section 69I(4)

                              subcontractor—

                              1. means a person engaged by an independent contractor to perform work—
                                1. under an agreement that is not an employment agreement; and
                                  1. that the independent contractor has agreed to perform for another person; and
                                  2. includes another person engaged by a subcontractor (within the meaning of paragraph (a)) to perform the work or part of the work under an agreement that is not an employment agreement

                                    subsequent contracting has the meaning set out in section 69C

                                      work, in relation to work performed by an employee, includes part of the work performed by the employee.

                                      Notes
                                      • Section 69B: substituted, on , by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).
                                      • Section 69B associated person: repealed, on , by section 39 of the Employment Relations Amendment Act 2018 (2018 No 53).
                                      • Section 69B exempt employer: repealed, on , by section 39 of the Employment Relations Amendment Act 2018 (2018 No 53).
                                      • Section 69B specified date: inserted, on , by section 32 of the Employment Relations Amendment Act 2014 (2014 No 61).