Starting employment with the right information and understanding is important. Recruitment is a key step to ensure that your business continues to be successful. Everyone should follow and respect the minimum terms and conditions as required by the law.
1. Who is an Employer ?
Employer means a person who employs an employee or employees.
2. Who is an Employee ?
Employee means a person engaged to work under an agreement or contract for services (excluding independent contractor.)
2.1 Foreign worker
Foreign worker is an employee who is not a Cook Islander or a Permanent Resident (PR) or the child or spouse of a Cook Islander or PR.
2.2 Young worker
An employer must not employ a person under the age of 13years old.
Young workers from the age of 13yrs to 16yrs old may be employed upon approval of the Secretary of the Ministry of Internal Affairs.
Conditions of employment :
- Outside of school normal hours to a maximum of 10 hours weekly;
- Light work only, so as not to threaten the young worker’s health and safety nor hinder their educational or vocational orientation and training.
2.3. Public Service
If you are working for the Public Service,
Refer to Public Service Act 2009 and the Office of the Public Commissioner.
Hyperlink both to the Act and the OPSC website.
A person must not use harsh or oppressive behaviour during the negotiation of an employment agreement.
A person must not enter into an employment agreement that is harsh and oppressive.
A few tips for a good recruitment process.
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3.1 A few tips for a good recruitment process.
1. Prioritise our local workforce by advertising widely in country before turning to overseas workforce.
2. Conduct an indepth interview and prepare a clear job description. Assess each application fairly and honestly, without any form of discrimination based on ethnic, beliefs, religion, gender or sexual orientation, disability, age, health and maternity.
3. Select and appoint the preferred applicant only after due diligence is observed. The confidentiality of applicants and privacy should be of utmost consideration.
4. Type of employments
Full time employment means at least 35 hours of work required on a regular basis every week, with a reasonable expectation of job continuity.
Part time employment means less than 35 hours of work required on a regular basis every week, with a reasonable expectation of job continuity.
Casual employment means irregular hours of week or intermittent work or short term work only. Casual employment does not offer leave entitlements.
5. Employment Agreement
Employment agreement means an agreement under which an employee is employed.
Individual employment agreement is binding to only one employer and one employee.
A collective employment agreement is binding between one or more employers and two or more employees.
6. Unions and Collective Bargaining
Employers and Employers have the freedom to choose whether or not to form an association or be members of an association for the purpose of advancing their collective employment interests.
Form and Content of collective agreements
.1 Form and Content of collective agreements
A collective agreement must be in writing and signed by all the parties invovled.
It must also include the following information at a minimum :
- Dates of commencement and expiry
- Any relevant events for the group
- Names and signature of all the parties involved
- Procedure for dispute resolution
- Procedure for varying the agreement.
It should also specify if it will cover new employees or not. For more information, look up Part 2 of the Employment Relations Act.