The new amendment brings the change in the legal provisions of Employment Relations Act 2000, Human Rights Act 1993 and Holidays Act 2003. Besides, sub-part 5 of the bill introduces new concept of domestic violence leave. This provision applies to a person who is affected by domestic violence
The new law in New Zealand relating to domestic help entitles the employees who are affected by domestic violence for leave upto 10 days of paid domestic violence leave per year to cope up with the effects of domestic violence. The employees could avail the leave as and when required. Hence, it is given equivalence to the bereavement and the sick leave.
The employer shall respond urgently within 10 working days in case the employee requests for a short- term working arrangement variation that may be for two months or little shorter. Such variation in short-term work arrangement can be with regards to the duties, location or work hours which are crucial for the employees to work efficiently.
The law also explicitly prohibits an employee to be adversely treated in employment that they are affected by domestic violence. Employees could also raise a dispute within six months if the employer without any reasonable ground rejects the request.
Also, important provision is that the person who is employee shall be entitled to the domestic violence leave only after six months of continuous employment under a single employer or if the person worked atleast ten hours per week on an average over previous six months or forty hours in each month.
This entitlement ushers in New Zealand what United Nations Commissioner for Human Rights call labour rights 2.0 or wave of second generation human rights.
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