Temporary staffing is becoming increasingly popular in New Zealand as businesses seek to meet their staffing needs with greater flexibility. However, it’s important to navigate the legal landscape of temporary staffing to avoid potential legal pitfalls. Here are some key considerations to keep in mind when working with temporary staff in New Zealand.
- Understanding Triangular Employment
Triangular employment is a legal concept that can arise when a temporary staff member is placed with a client company through a staffing agency. In this situation, there are three parties involved: the staffing agency, the temporary staff member, and the client company. Under New Zealand law, all three parties have obligations and responsibilities to the temporary staff member. It’s important to understand the legal framework surrounding triangular employment to ensure compliance with relevant employment laws.
- Ensuring Compliance with Employment Laws
Temporary staff are entitled to the same employment rights and protections as permanent employees under New Zealand law. This includes minimum wage, holiday and sick leave entitlements, and health and safety protections. As an employer, it’s your responsibility to ensure compliance with relevant employment laws, even if the temporary staff member is provided through a staffing agency. This means providing appropriate training, ensuring a safe working environment, and complying with all relevant workplace health and safety regulations.
- Managing the Employment Relationship
When working with temporary staff, it’s important to manage the employment relationship effectively. This includes clear communication about the terms and conditions of employment, setting expectations around work hours, and providing feedback on performance. If the temporary staff member is provided through a staffing agency, it’s important to work collaboratively with the agency to ensure that the staff member is properly supervised and appropriately managed.
- Contractual Agreements
When working with temporary staff, it’s important to have clear contractual agreements in place to protect the interests of all parties involved. This includes agreements with the staffing agency, and then employment agreements between the staffing agency and the temporary staff members themselves. These agreements should then set the foundation for an assignment confirmation which sets out the terms and conditions of employment assignment, including work hours, pay rates, and other relevant role information, including any specific health & safety considerations, and workplace contact information. It’s important to ensure that any agreements comply with all relevant employment law.
- Protecting Confidential Information
Temporary staff members may have access to sensitive or confidential information, particularly if they are working in a specialized role or in a management position. It’s important to ensure that appropriate measures are in place to protect confidential information from unauthorized disclosure. This includes establishing clear protocols for handling confidential information and ensuring that temporary staff members are aware of their obligations and responsibilities.
Navigating the legal landscape of temporary staffing in New Zealand can be complex, but it’s essential to ensure compliance with relevant employment laws and protect the interests of all parties involved – they have evolved in recent years. By understanding triangular employment, ensuring compliance with employment laws, managing the employment relationship effectively, having clear contractual agreements, and protecting confidential information, you can mitigate the risks associated with temporary staffing and enjoy the benefits of a flexible and responsive workforce.
If you would like to consider how temporary staffing may suit your organisation, please feel free to reach out to the team today, to discuss a solution that fits you.