NZCB InHouse magazine August/September 2020

Page 26

IN THE KNOW —

Meeting your KiwiSaver obligations Despite the KiwiSaver Act 2006 having been in force for more than a decade now, it is still not uncommon for us to find that some employers are not properly complying with the requirements of the Act.

(for example, a decision to opt in); or if a pack is requested by the employee. You can be subject to a penalty if you do not comply with this obligation. Information packs are available on www.kiwisaver.govt.nz;

Some of the key obligations for employers are: • You must automatically enrol any new employee who is not an exempt employee. The automatic enrolment rules do not apply if the employment is truly casual; if the employment is as a casual agricultural worker (which is defined); if the employment is for a fixed term of 28 days or less; and in some other specific situations; • The automatic enrolment rules apply even if the employee advises he or she does not want to be in KiwiSaver. An employee is not permitted to opt out of KiwiSaver at the commencement of employment, and is only able to do so in the period beginning on the 13th day after the start of employment and ending on the 55th day after the start of employment; • You must provide each new employee with a KiwiSaver information pack within 7 days of the commencement of employment; or of the employee notifying you on a change in their KiwiSaver status

• The compulsory employer contributions must be paid additionally to the employee’s salary or wages, unless you and the employee have specifically agreed in the employment agreement that the remuneration is inclusive of the compulsory employment contribution (and ESCT); • You must pay the KiwiSaver contributions (both employee and employer) as part of the monthly PAYE paid to IRD; • You must give certain information to the Commissioner of IRD about the employee. Employees also have obligations, including giving you a completed KiwiSaver form (available on the website) which includes information about the KiwiSaver status of the employee.

Danny Jacobson and Trudy Marshall are Partners at Employment Lawyers Tauranga and they specialise exclusively in employment law. They operate our Employment Helpline for NZCB members: phone 07 928 0529 for 10 minutes free advice on any employment related issues. (The above is by its nature general, and is not intended to be a substitute for legal advice.)

24


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NEWS BITES

7min
pages 50-53

Easy protection of cut timber ends, with Abodo’s new Protector End Seal

1min
page 49

MiTek screw innovation

2min
page 48

Membrane refurbishment work – what’s consentable?

1min
page 47

Message from our Auckland BDM

2min
page 42

AST Trust update

1min
page 46

ITAB welcomes WITT partnership

1min
page 44

Stay safe, speak up

4min
pages 34-35

Three ways to stop playing the ‘what-if’ game

4min
pages 40-41

Why do I feel so angry?

3min
pages 38-39

Bad vibrations

2min
pages 36-37

To Corporatise, or not to Corporatise? That is the question

5min
pages 32-33

Jump in puddles

2min
page 27

Why you should be using Payment Claims

6min
pages 20-21

Updates from the Building Performance Team

4min
pages 22-23

Beyond green claims

4min
pages 24-25

OUR PEOPLE

2min
pages 28-29

Changes to tertiary education will impact the construction industry

4min
pages 30-31

Meeting your KiwiSaver obligations

2min
page 26

Halo Guarantee update

1min
page 10

Message from the Chief Executive

3min
pages 6-7

NZCB Board changes

3min
page 5

Four reasons why tech is vital post lockdown

2min
pages 18-19

Appliances at commercial prices

2min
pages 12-13

Message from the NZCB Board

2min
page 4

REVERE – submissions now open

4min
pages 16-17

Message from the Group Technical Manager

2min
pages 8-9
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