If the progress of the work is such that it is necessary to increase, reduce or modify the working time and obtain an agreement with the officer, the university`s working time change form should be completed, approved by both parties and sent to the staff department for processing. If not, talk to your HR divisional manager or advisor for advice. The law specifies that this is not a real reason if the purpose is fixed duration: it is not acceptable to use a temporary agreement as a means of trial period (or test) to verify the suitability of a new worker. For these reasons, employers are not allowed to hire for a limited time for applicants who apply for or hold a temporary visa. What about a temporary funding-based agreement? A signed acceptance is required of the employee, who will contain a statement indicating that he understands the reason for the temporary agreement and the end of his agreement before he starts working. Staff should not start work until their fixed-term contract is signed. The Law contains specific requirements that must be met before a fixed-term provision is applicable: the Employment Relations Act 2000 (section 66) stipulates that a fixed-term contract must be carried out for “real and reasonable reasons,” that the worker must consent to these grounds and that these reasons and the manner in which the employment contract ends are recorded in writing as part of each fixed-term contract. For more information, visit the website of the Ministry of Economy, Innovation and Employment. There may be a temptation for companies to associate temporary work with external financing – for example. B a contract or a public subsidy. However, employers must have a real reason to hire a temporary worker and the reason must be indicated in their contract. If the reason is not indicated in the fixed-term employment contract, the worker may legally be considered a permanent employee.
Ask your department head, hr or Advisor, for advice on the reasons for a temporary job and whether a position should be temporary. This will help minimize delays in the recruitment process. Temporary workers have the same employment rights and obligations as permanent employees. The only significant difference is that their employment ends at the end of the fixed-term contract. However, there may be minor differences in the way they receive leave rights. Every worker on a fixed-term contract for four years or more automatically becomes a permanent employee, unless the employer can prove that there is a good reason not to do so.  There may be situations in which potential staff wish to commit to a position only for a specified period of time. Please note that this does not change the permanent (or longer-term) nature of the position, nor does it change the requirement to have issued a competitive notice. An offer may contain a statement such as: if there are no real reasons, if it is not included in the employment contract or if the reasons are not related to the way the employment is set to end, the worker may consider the fixed duration as ineffective – in other words, the worker may work on the basis of the permanent and continuous nature of the employment.
When an employer attempts to terminate the employment, dismissal must be justified as an ordinary dismissal.