Clause 9

An employer must make, and keep for the period prescribed (called in this section the record retention period), employee records containing the prescribed particulars for —

every employee the employer employs; and

every former employee of the employer.(2) An employer must ensure that an employee record made and kept under subsection (1) is, during the record retention period prescribed for the employee record, readily accessible to the employee or former employee to which the employee record relates.(3) An employer is taken to have failed to comply with subsection (1) if the employer makes or keeps an employee record that is incomplete or inaccurate, whether or not the employer knew that the record is incomplete or inaccurate.(4) Different record retention periods may be prescribed for different classes of employees or former employees, and for different types of employee records.(5) In this section, “employee record”, for an employee or a former employee of an employer, means a record of information or particulars about the employment by the employer of the employee or former employee, as the case may be.Employers’ obligation to give record of key employment terms95A.—

This section only applies to, and in relation to, every employee —

who enters into a contract of service with the employer on or after the date of commencement of section 9 of the Employment (Amendment) Act 2015; and

who is employed under that contract for a period not shorter than the prescribed minimum period of service.(2) An employer must give each employee of the employer a written record of the key employment terms of the employee not later than 14 days after the day that the employee starts employment with the employer, or within such other period as may be prescribed in substitution.(3) The requirement to give a written record of key employment terms to an employee in subsection (2) is satisfied if —

an electronic record containing the key employment terms is provided in a manner that enables the information contained in the electronic record to be accessible and useable by the employee for subsequent reference; or

the key employment terms are published on an Internet website —

which is authorised by the employer and readily accessible to the employee; and

which address is disseminated by the employer to the employee.(4) To avoid doubt, subsection (3) does not limit any other manner of giving to an employee a written record of the key employment terms of the employee.(5) An employer is taken to have failed to comply with subsection (2) if the written record given is incomplete or inaccurate, whether or not the employer knew that the record is incomplete or inaccurate.(6) The Minister may, by order published in the Gazette and subject to such conditions as are specified in the order, exempt from any provision in this section —

any class of employers specified in the order, in respect of all employees; or

all employers or any class of employers, in respect of any class of employees, specified in the order.(7) In this section, “key employment term”, for an employee, means any type of term of employment contained in a contract of service between an employer and the employee that is prescribed to be a key employment term.”.