New guidance intended to help employers, employees and payroll providers in applying aspects of the Holidays Act 2003 is now available online.
The Ministry of Business, Innovation and Employment (MBIE) has published new guidance intended to help employers, employees and payroll providers in applying aspects of the Holidays Act 2003 (the Act), as part of its work to address problems related to non-compliance.
Holidays Act 2003: Guidance on annual holidays and related provisions has been developed by MBIE, informed by the Payroll System Functionality (PSF) group, which comprises payroll system providers, professional service providers, including a payroll practitioner body and an employment lawyer.
MBIE Payroll Lead Tania Donaldson explains that the first section of Holidays Act 2003: Guidance on annual holidays and related provisions covers annual holidays and addresses the topics of what a week is for annual holidays purposes, and gross earnings.
“The guidance has been created as a basis for a number of Holidays Act related tools and products which will become available on the Employment website over the next few coming months.
“Employer and employee representatives have been involved in the process of developing the guidance which covers a wide range of scenarios in order to be as helpful to as many people and situations as possible”.
It is not possible to cover all scenarios. If after reading the guidance, it is still unclear how the Act applies in a particular situation, legal advice should be sought. The guidance is not a replacement for legal advice.
NZPPA Note: NZPPA will be providing a full assessment and review of this document in the near future but please note this does not provide any solution for the issues that NZPPA has highlighted with the act and provides no protection for employers or payroll.