Employees Rights to Request Casual Conversion to Permanent Employment
The applies to all business sizes (less than as well as more than 15 employees)
Casual employees can request conversion in the following circumstances.
- They have been employed by the employer for at least 12 months.
- They have worked a regular pattern of hours on an ongoing basis for at least the last 6-months and can continue working these hours as a full-time or part-time employee without significant changes.
- Employees of employers with over 15 employees employed as of 27th March 2021 need to wait until on or after the 27th of September 2021 to make request.
- Employees of employers with over 15 employees cannot make a request until after a 21-day period after their 12-month anniversary.
Casual employees cannot make a request if in the last 6-months.
- They have refused an offer from their employer to convert.
- Their employer has told them in writing that they won’t be making an offer to convert because there was a reasonable business ground.
- Their employer has refused a previous request because there was a reasonable business ground to refuse the request.
Employees can still make a request even if their employer has told them in the last 6-months that they won’t be making the offer of conversion if the reasons they didn’t get the offer was because they had not worked a regular pattern on the 6-month period at that time but now they have.
Employers need to respond in writing to an employee request within 21 days, including reasons for the refusal.
The employer intends to refuse the request, during the 21 days period the employer must consult with the employee.
The request can only be refused on reasonable business grounds.
If the employer accepts a casual employee request to convert, the employer needs to then confirm this in writing to their employee within 21 days after the employee has requested to convert. The notice must also contain details listed at (a), (b), and (c) below.
Within this 21-day period, the employer must discuss with the employee their
- Whether the employee is converting to full-time or part-time employment
- The hours of work after the conversion takes effect.
- The date the conversion takes effect (which must be the first day of the employees first full pay period that starts after the day the notice is given unless the employee and the employer agree another day)
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