Minimum Rights Explained

Your most fundamental employment right is to be paid fairly and on time for the work you perform. In New Zealand, all employees must receive at least the minimum wage, which is reviewed annually and applies to workers aged 16 and over. This rate covers your ordinary hours of work and must be paid regardless of how your employer structures your pay.

Beyond the minimum wage, you have the right to receive your agreed wages on the date specified in your employment agreement, typically no more than two weeks after the pay period ends. Your employer must provide detailed pay slips showing your gross pay, deductions, and net pay, allowing you to verify that you're receiving the correct amount.

Deductions from your wages are strictly regulated and can only be made with your written consent or if required by law. Your employer cannot make deductions for things like uniforms, equipment damage, or cash shortages unless you've specifically agreed to this in writing. If you're experiencing issues with unpaid wages or unauthorised deductions, you have legal remedies available to recover what you're owed.

While New Zealand employment law doesn't set a maximum number of working hours per week, your employer cannot require you to work hours that are unreasonable or could harm your health and safety. What constitutes reasonable hours depends on factors like your role, industry norms, family responsibilities, and the impact on your wellbeing.

You're entitled to rest breaks and meal breaks during your working day. For shifts of two to four hours, you get one 10-minute paid rest break. For shifts of four to six hours, you get one 10-minute rest break plus a 30-minute unpaid meal break. Longer shifts entitle you to additional breaks, and these must be provided unless operational requirements make it impracticable.

If you're working excessive hours or not receiving proper breaks, you have the right to raise this with your employer. Persistent issues with unreasonable working hours can form the basis of a grievance, particularly if they're affecting your health or family life. Understanding your rights around rest breaks and overtime can help you maintain a healthy work-life balance while ensuring you're properly compensated for your time.

After 12 months of continuous employment, you're entitled to four weeks of paid annual holidays. This entitlement continues to accrue each year you remain employed, and you cannot be forced to forfeit these holidays. Your annual holiday pay is calculated at your ordinary weekly pay or average weekly earnings, whichever is greater.

You have the right to take your annual holidays at times that suit both you and your employer, though your employer can require you to take holidays at certain times if they give you reasonable notice. If your employment ends, you must be paid for any unused annual holidays you've accrued, regardless of whether you resign, are dismissed, or made redundant.

Some employers try to include holiday pay in your regular wages (known as pay-as-you-go), but this is only allowed in limited circumstances and must be clearly stated in your employment agreement. Most employees should receive their holiday pay as a separate payment when they actually take their holidays, ensuring they receive the full benefit of their time off.

You're entitled to sick leave from your first day of employment, though the amount depends on your length of service. After six months of employment, you receive five days of paid sick leave per year. Before reaching six months, you accrue sick leave at one day per month worked. Unused sick leave can be carried over to the following year, up to a maximum of 20 days.

Sick leave can be used when you're genuinely ill or injured, or when you need to care for your spouse, partner, dependent child, or other dependent family member who is sick or injured. Your employer cannot require a medical certificate for sick leave of three days or less unless they have reasonable grounds to request one, such as a pattern of suspicious absences.

If you exhaust your sick leave entitlement, you may be able to access other forms of leave or support. Your employer has obligations to consider your medical needs and may need to make reasonable accommodations for ongoing health conditions. Issues around sick leave and medical matters can become complex, particularly if your employer questions the legitimacy of your absences or fails to provide appropriate support.

When you experience the death of a close family member, you're entitled to bereavement leave to attend the funeral and deal with your grief. The amount of leave depends on your relationship to the deceased person and your cultural obligations. For immediate family members like spouses, children, or parents, you're typically entitled to three days of paid bereavement leave.

Beyond bereavement leave, you may be entitled to other types of leave depending on your circumstances. Parental leave is available for new parents, while domestic violence leave provides support for employees experiencing family violence. Public holidays are also a minimum right—if you would normally work on a public holiday, you're entitled to be paid time-and-a-half plus a day in lieu.

Some employers offer additional leave entitlements beyond the legal minimums, such as extra sick leave, study leave, or compassionate leave. These should be clearly outlined in your employment agreement. Understanding all your leave entitlements helps ensure you can take the time you need for important life events without jeopardising your employment or income.

Every employee has the right to be treated fairly and with dignity in the workplace. This means being free from discrimination, harassment, and bullying based on characteristics like your gender, age, ethnicity, religion, sexual orientation, or disability. Your employer has a legal duty to provide a safe workplace that's free from harassment and to take action when issues are raised.

Fair treatment also extends to how your employer handles workplace processes like disciplinary actions, performance management, and redundancy situations. You have the right to natural justice, which means being given a fair opportunity to respond to any allegations or concerns about your performance or conduct. Your employer must follow proper procedures and cannot take adverse action against you without following due process.

If you're experiencing bullying or harassment at work, or believe you're being treated unfairly because of discrimination, you have the right to raise these concerns without fear of retaliation. Your employer is required to investigate complaints properly and take appropriate action to address any issues found.

You have the right to a written employment agreement that clearly sets out the terms and conditions of your employment. This agreement must be provided before you start work or as soon as possible afterwards, and you should have the opportunity to seek independent advice about its contents before signing.

Your employment agreement must include certain minimum information, such as your job description, hours of work, place of work, wages or salary, and how your employment can be terminated. It should also outline any specific conditions that apply to your role, such as confidentiality requirements, restraint of trade clauses, or probationary periods.

If your employer wants to make changes to your employment agreement, they generally need your consent. Significant changes to your terms and conditions cannot be imposed unilaterally, and your employer must follow proper consultation processes. You have the right to refuse unreasonable changes and to seek advice about any proposed modifications to your employment terms.

Your employer has a primary duty of care to ensure your health and safety at work, so far as is reasonably practicable. This means providing a safe working environment, proper training, appropriate equipment, and systems to identify and manage workplace hazards. You have the right to refuse to do work that you believe could seriously harm you or others.

You also have the right to be consulted about health and safety matters that affect you, to receive information about workplace hazards, and to report safety concerns without fear of retaliation. If you're injured at work or develop a work-related illness, your employer must ensure you receive appropriate medical treatment and support your recovery.

Workplace health and safety extends beyond physical hazards to include psychological wellbeing. Your employer should take steps to prevent and address workplace stress, bullying, and other factors that could harm your mental health. If you're experiencing health and safety issues at work, you have multiple avenues for raising concerns and seeking resolution.

If you believe your minimum employment rights are being violated, the first step is usually to raise the issue directly with your employer. Many workplace problems can be resolved through open communication, and your employer may not realise there's an issue. Document your concerns in writing and keep records of any conversations or responses you receive.

If direct communication doesn't resolve the problem, you may need to use your employer's internal complaint or grievance procedures. Most employment agreements include processes for raising and resolving workplace disputes. Following these procedures can often lead to a satisfactory resolution and demonstrates that you've tried to resolve the matter internally.

When internal processes fail or aren't appropriate, you may need to consider external options such as mediation, raising a personal grievance, or making a complaint to relevant authorities like the Labour Inspectorate. Understanding when to get legal help can ensure you protect your rights effectively and choose the most appropriate course of action for your situation.