Employer obligations for employee records made before WR Act repeal day
2.03 Employer obligations for employee records made before WR Act repeal day
This regulation is made for item 7 of Schedule 2 and subitem 19(1) of Schedule 16 to the Act.
On and after the WR Act repeal day, subregulation 19.4(2) of Chapter 2 of the WR Regulations continues to apply to require an employer to keep, or cause to be kept, an entry in a record for any part of the period identified in that regulation that has not expired before the WR Act repeal day.
Regulations 3.42, 3.43 and 3.44 of the FW Regulations apply to the record.
Subregulation 19.4(2) of Chapter 2 of the WR Regulations requires an employer to keep an employee record for a certain period, which is generally 7 years from the date on which the record was made.
Item 11 of Schedule 2 to the Act has the effect of continuing the operation of regulation 19.4 of Chapter 2 of the WR Regulations to conduct (failure to make or cause to be made, or keep or cause to be kept, employee records) that occurred before WR Act repeal day.
Regulations 3.42, 3.43 and 3.44 of the FW Regulations set out requirements relating to the inspection and copying of a record, to giving employees information about a record, and the accuracy of a record.
Subregulation (2) is a transitional civil remedy provision.
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