3.2 Trial Periods
A trial period will apply for a period of 90 CALENDAR DAYS employment to assess and confirm suitability for the position. Parties may only agree to a trial period if the employee has not previously been employed by the employer.
During the trial period the employer may terminate the employment relationship, and the employee may not pursue a personal grievance on the grounds of unjustified dismissal. The employee may pursue a personal grievance on grounds as specified in sections 103(1)b-g of the Employment Relations Act 2000 (such as: unjustified disadvantage; discrimination; sexual harassment; racial harassment; duress with respect to union membership; and theemployer not complying with Part 6A of the Employment Relations Act 2000).
Any notice, as specified in the employment agreement, must be given within the trial period, even if the actual dismissal does not become effective until after the trial period ends. This trial period does not limit the legal rights and obligations of the employer or the employee (including access to mediation services), except as specified in section 67A(5) of the Employment Relations Act 2000.
9.2 Indemnity
The Employer shall, to the extent permissible under law, indemnify the Employee from and against all actions, claims and demands brought against the Employee by any third party relating to the performance of the Employee's employment, provided that the Employee's actions were in good faith and did not involve recklessness, wilful neglect or any wilful failure to carry out a lawful instruction from the Employer.
(3)即使是永久雇员,解雇也是允许的。老板需要走程序,给人家一个合理的说法。然后解雇。这个程序太麻烦。如果有合同,建议是直接引用裁员条款,毫无问题不用赔偿,2个星期后他就可以走人了。同样的,因为没有合同,所以无法引用 这样的条款。只好按照解雇来。没有合同,自然也没有什么term of notice. 在法律严重偏向雇员的大环境下,只能是随便雇员说了。老板有大麻烦。是要怎样糊涂的老板才会做下不签合同就让人上班的蠢事呢??