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Employment Relations Act 2000

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

69H: Employee bargaining for alternative arrangements

You could also call this:

“Workers can talk with their boss about other options before deciding to move to a new company”

If your employer tells you about your right to transfer to a new employer because of changes at work, you can talk to your current employer about other options before deciding if you want to transfer.

You and your employer can agree on different arrangements instead of you transferring. If you both agree on something else, you need to write it down. Once you’ve written down your agreement, you can’t change your mind later and choose to transfer to the new employer.

Remember, you don’t have to agree to different arrangements if you don’t want to. It’s your choice whether to talk about other options or to transfer to the new employer.

If you want to know more about when your employer has to tell you about transferring, you can look at section 69G(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59632.

Topics:
Work and jobs > Worker rights
Business > Fair trading
Rights and equality > Anti-discrimination
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69G: Notice of right to make election, or

“Telling employees about their right to choose a new boss when their job changes”

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69I: Employee may elect to transfer to new employer, or

“You can choose to work for the new boss if your job changes”

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

69HEmployee bargaining for alternative arrangements

  1. To avoid doubt, an employee may, after the employee’s employer has complied with section 69G(1) and before deciding whether to exercise any right to elect to transfer to the new employer, bargain with the employee's employer for alternative arrangements.

  2. If the employee and employer agree on alternative arrangements,—

  3. the alternative arrangements must be recorded in writing; and
    1. if paragraph (a) is complied with, the employee may not subsequently elect to transfer to the new employer.

      Notes
      • Section 69H: replaced, on , by section 40 of the Employment Relations Amendment Act 2018 (2018 No 53).