Employment Rights
Everyone who works in New Zealand has the same basic rights, regardless of the job you do.
Your rights as an employee
Here is a quick summary of what you are entitled to:
- your employer has to give you a written employment agreement
- you are allowed four weeks paid annual holidays after you have worked in one place for 12 months
- you are allowed 11 paid public holidays if they are days when you would normally work
- you are allowed five days paid sick leave a year after six months in the job, and five days paid sick leave every 12 months after that
- you are allowed three days bereavement leave on the death of an immediate family member, or one day of leave where your employer recognises that you have suffered a bereavement (you are entitled to this after six months in the job)
- you can choose whether to join or not to join a union
- you are entitled to be paid at least the minimum wage
- you have the right to health and safety at work
- you have the right to parental leave
- you have the right to undertake voluntary military service
- discrimination and sexual harassment at work are not permitted.
Employment agreements
If you belong to a union, your employment agreement will be the collective employment agreement negotiated between your employer and the union. You cannot be prevented from getting a job because you are or are not a member of a union.
If you are not part of a union, you will have an individual employment agreement. By law, this must be in writing and must include:
- the names of the employer and employee
- a description of the work the employee is expected to do
- where the work will be done
- the hours of work
- wage rates or salary
- a plain language explanation of services available for any employment relationship problems
- a requirement to pay at least time and a half for work on a public holiday
- for most employees, what is known as an employment protection provision, which means that you will be protected if the business is sold or transferred or the work you do is contracted out.
Other topics that can be covered in employment agreements include the training that will be given, company rules and policies, and processes that will be followed if your employment ends.
Fixed-term employment agreements
Fixed-term agreements can only be offered when a fixed term is genuinely required, for example for seasonal or temporary work. The employer must make this clear to you before work starts and explain why this is the case. If these conditions are met, there is no automatic right to the renewal or extension of a fixed-term employment agreement.
As a general rule, a fixed-term agreement means just that. So you need to be careful about your expectations of continuing to be employed there even though you may feel you have performed well in a temporary position. However, most agreements are open-ended.
Parental leave
You are eligible for parental leave if you have worked for the same employer for an average of at least 10 hours a week (at least one hour every week or 40 hours every month) in the six or 12 months immediately before your baby is due or the date you assume the care of a child you intend to adopt.
You may also qualify for parental leave payments. Find out more by calling the Department of Labour on 0800 20 90 20.
Health and safety
New Zealand’s occupational health and safety laws require all employers to provide a safe working environment. Likewise, you must follow all safety procedures.
Find out more at www.osh.dol.govt.nz
Resignation
You can resign at any time within the term of your employment agreement if you provide reasonable notice.
Dismissal
There must be good reason for you to be dismissed from a job and the dismissal must be carried out fairly. If you believe you have been treated unfairly in your employment, whether you have been dismissed or not, you may take action against your employer through what is known as a ‘personal grievance’.
Redundancy
There is no right to redundancy compensation unless this has been agreed between the employer, you and/or your union. An agreement can take place before or after an actual redundancy is planned.
Further information
The Department of Labour provides information on all aspects of employer/employee relations. Find out more at www.ers.dol.govt.nz
www.hrc.co.nz – The Human Rights Commission is responsible for investigating and resolving complaints about discrimination and other human rights issues.
www.eeotrust.org.nz - an employer group with active programmes to ensure equal opportunities exist for migrants. Website includes a list of recruitment consultants.
www.union.org.nz - listings for all New Zealand trade unions.
