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Employees

Employment agreements

All staff employed after October 2000 must have a written employment agreement. This can be an individual or collective agreement. Employers and employees are encouraged to negotiate in good faith and there are certain provisions that must be included in the agreement. This is a basic introduction to New Zealand employment agreements.

Visit the Department of Labour website for more information:-

http://www.ers.dol.govt.nz/relationships

The adult minimum wage is $12.50 an hour.  That’s $100 for an eight hour day, and $500 for a 40 hour week.  The new entrants minimum wage and the training minimum wage are $10.00 an hour.  That’s $80 for an eight hour day, and $400 for a 40 hour week.

By law, employers must pay at least the minimum wage - even if an employee is paid by commission or by piece rate. The minimum wage applies to all workers aged 16 years or older, including home workers, casuals, temporary and part-time workers.

The only exception is when an employee holds an exemption permit.  Holiday pay must be paid in addition to the minimum wage. If an employee receives “pay-as-you-go” holiday pay, this payment must be a separate and identifiable part of their pay.  An increase in the minimum wage will not affect an employee’s other conditions of employment, unless they agree to the changes.

An employee being paid less than the minimum wage can complain to a Labour Inspector, who may investigate and act to recover any money owed. Employees can also get help from our mediators.

For more information, visit www.ers.dol.govt.nz/pay

For more information about new entrants, go to http://www.ers.govt.nz/pay/newentrant.html

Payment of wages - Wages Protection Act 1983

The employer generally needs to get the employee's written consent to make deductions from their pay, or to pay their wages in a form other than cash, unless the employment agreement allows otherwise.

Equal pay & equal rights - Equal Pay Act 1972 & Human Rights Act 1993

The employer cannot differentiate in pay rates between employees if the only difference is their sex.
Also, in most cases, the employer cannot discriminate in hiring or firing, training or promoting because of the employee's race, colour, national or ethnic origin, sex or sexual orientation, marital or family status, employment status, age, religious belief or political opinion, or if they have a disability.

Parental leave - Parental Leave & Employment Protection Act 1987

An employee and their partner can apply for parental leave either on the birth of a child, or the adoption of a child under 5. They must have worked at least an average of 10 hours each week, including at least one hour per week or 40 hours per month, for the same employer for either 6 or 12 months before the expected date of birth or adoption.

They may also be entitled to up to 14 weeks paid parental leave, which is taxpayer-funded. The payment can be taken by one parent, or shared between two eligible partners. Like wages, the payment is taxed.

It is illegal for an employer to either dismiss or discriminate against an employee on grounds of pregnancy or for taking parental leave under the Act.

Other leave rights

Employees may also be entitled to other rights in some situations. For example:

  • Employees who are injured as a result of an accident at work or somewhere else will be entitled to accident compensation. Your nearest ACC office can give the information about this (see the blue pages in the front of the phone book).
  • If employees do full-time voluntary training in the armed forces, they may be entitled to unpaid leave.
Union membership rights

Employees have an absolute right to make their own decision about whether they want to join a union and, if so, which union. It is illegal for an employer to put unreasonable pressure on them to join or to not join a union, or to discriminate against them because they joined or didn't join a union.

It is also illegal for anyone else to put unreasonable pressure on an employee to join or to not join a union. Union members may be nominated by their union to undertake employment relations education on paid leave. Employees can ask their union about this.

Labour Inspectors

Labour Inspectors can enforce the laws that relate to certain statutory minimum entitlements, such as annual leave, sick leave, public holidays and minimum wages.

If it appears that an employer has breached any of these laws, an employee can ask a Labour Inspector to investigate the matter on their behalf, or they can take an action themselves.

Further information & guidance

Call the Department of Labour on free phone 0800 20 90 20 during normal business hours, or visit their website at www.ers.dol.govt.nz.

Employment Relations

Find out how the Department of Labour...
  • provides information and support to employers, employees, unions and workplaces on employment relations matters
  • helps employers and employees to improve productivity and resolve employment problems in workplaces
  • supports the operation of employment relations legislation;
  • enforcement of employment standards, and
  • provides employment relations policy advice to government.
You can also Contact us for further help.