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yermasyada 
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Joined: 01 November 2008
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 Topic: Same Job, New Contract, Mat Pay?
Posted: 26 August 2009 at 1:50pm |
OK girls, I've got a bit of a HR issue that I need some advise on.
I've worked in the same shop for 2.5 yrs. It's a franchise. Turns out my boss is looking into selling up. I asked who my contract is with, and its with my current boss, not the franchise  So, if he does sell, I'll be still doing the same job but employed by a different person.
I asked about holiday entitlement as an example (he doesn't know I'm UTD yet) and he said it would all start from scratch. He'd pay all my holidays due and then I start the whole process again with my new boss. I'm really worried about how this is going to effect my mat pay 
He said that if he did sell to this other woman, it wouldn't be till Nov/Dec that she took over. I plan to 'officially' tell him I'm UTD in about 3 weeks time.
I was aiming to leave on Mat Pay and accrued holiday at the end on Jan 10.
Anyone with a HR background able to give me some advise?
Milliemoo
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Imogen
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Joined: 10 September 2008
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Posted: 26 August 2009 at 2:21pm |
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I would call the Department of Labour, they will be able to answer all of your questions around PPL.
Good Luck
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Proud mummy to two beautiful little girls and a precious little boy <3
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lilfatty
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Joined: 22 August 2007
Location: Waitakere
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Posted: 26 August 2009 at 2:55pm |
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When we purchased a company, the owners paid out the holiday pay to us, then all staff kept their current entitlements, so it would depend on the sale agreement.
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Mummy to Issy (3) and Elias (18 months)
I did it .. 41 kgs gone! From flab to fab in under a year  LFs weight blog
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palomino
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Joined: 27 July 2008
Location: North Island
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Posted: 26 August 2009 at 3:03pm |
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My partner had been at his work for 6 years, and they changed ownership just before Brennan was born. New owners said everything went back to zero. Sucked big time, but luckily for us they let him take time off anyway since they knew he wasnt going anywhere.
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yermasyada
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Posted: 26 August 2009 at 3:14pm |
hummmmm can't say that filled me with confidence. Just spoken to the Dept Labour.
She seemed to be saying that so long as my employment is deemed as 'continuous' I should be OK, but she started off talking about legal advise.
I guess I'm just going to have to wait and see. I think it would be pretty rough though not allowing me it.
Lilfatty, I might be able to talk my boss into putting some sort of arrangement into the sales agreement.
Milliemoo
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HuntersMama
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Joined: 09 November 2008
Location: Auckland
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Posted: 26 August 2009 at 4:28pm |
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When were you planning on taking paid mat leave? If you have been employed for 6 months you still get the 14 weeks paid, and 6 months total off. The only difference if you have been there longer is you get 12 months off.
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HoneybunsMa
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Posted: 26 August 2009 at 8:44pm |
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I was made redundant from full time work at 12weeks but continued to work as a casual employee at the same place with a different contract and still got ppl. Don't know if it will be the same for you
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AandCsmum
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Joined: 13 May 2008
Location: Palmerston North
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Posted: 27 August 2009 at 2:02pm |
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Surely the employment would be deemed continuous? You & your job hasn't changed, just who is paying you is.
I would have thought that the new owners would be buying the holiday pay liability. I would have thought that the wages protection act would have something about paying out holiday pay, in essence robbing you of your actual holiday leave/time off.
I'd try & talk to someone at the DOL who knows something about this. Ask in relation to your holiday pay as well.
Huntd...I hope he got paid it out by the previous employer, not just having it set back to zero.
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Kel
A = 01.02.04 & C = 16.01.09 & G = 30.03.12
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palomino
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Posted: 27 August 2009 at 4:03pm |
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Yea sorry, should have said, he got paid out for what he had owing
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AandCsmum
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Posted: 27 August 2009 at 4:26pm |
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hehe PHEW.
It amazes me how some employers sh*t on their loyal staff....
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Kel
A = 01.02.04 & C = 16.01.09 & G = 30.03.12
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Mum_mum
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Posted: 28 August 2009 at 8:41am |
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I would have thought that they would have a continuios service thing for staff. We "aquire" staff from deals that we make (so take on the cusotmers staff as our own), we take on their holiday entitlements and also their date that they started with the previous company, we also make sure terms are no less favourable than their current contracts. Have a look in your contract and see what it says under redundancy, if they have put clauses in there relating to what happens if they sell the business.
Even if nothing is in there, they should really in good faith say that they will take your start date with the previous owner as their own.
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Same Job, New Contract, Mat Pay?
Angel baby - May 2008