Your Employment Rights
Basic labour rights are protected under New Zealand law, and cannot be removed through a contract. Any employment contract attempting to do so would be illegal, and would not be enforceable on either party. For example, an agreement attempting to offer an employee compensation below the minimum wage could be challenged in court as an illegal contract.
You can inform yourself more fully about your labour rights through the Ministry of Business, Innovation and Employment (MBIE): Know Your Employment Rights.
Minimum Wage
The ‘minimum wage’ applies to anyone aged 16 and over, working under any kind of employment contract. It represents the lowest possible rate of compensation for a worker's time which employers are legally allowed to offer. The government reviews the minimum wage every year to ensure it is reasonable against the current cost of living. To make sure your employer is paying the minimum wage, you can review your payslips. Overtime work must also be paid at least at the minimum wage, and is often paid at a higher rate.
The types of minimum wage are explained below:
Adult minimum wage is the lowest wage it is legally possible to pay to employees aged 16 and over. Starting-out minimum wage is calculated as 80% of the adult minimum wage, and applies to three groups of people:
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16 and 17-year-olds who have yet to complete their first 6 months of work with their current employer
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18 and 19-year-olds who have been receiving a benefit from WINZ for at least 6 months
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16 to 19-year-olds who are actively undergoing a course worth at least 40 credits per year at nationally accredited institutions in a recognised training industry, as part of their employment contract
Minimum wage training: is also calculated as 80% of the adult minimum wage, and applies to employees in a recognised training industry where their employment contract specifies a training course worth at least 60 credits per year.
For more information and the latest minimum wage rates: www.employment.govt.nz/hours-and-wages/pay/minimum-wage/
Sick Leave
Employees who have an employer (i.e., who are not self-employed) usually have the right to continue receiving their normal remuneration, even if they miss up to 10 days of work (per year) due to illness. This applies to full-time, part-time, and casual employment contracts. The right accrues after the employee has remained with the same employer for six months continuously. If the person has worked for that employer for six months, but not continuously, the right accrues after six months if the employee:
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has worked for the employer for an average of 10 hours per week, and
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has worked at least 1 hour each week (or 40 hours each month)
If sick leave days are not used during any given year, they can be transferred to the following year, assuming the employee remains with that employer. The maximum total number of sick leave days which are transferable in this way is normally 20. Sick leave can also be used to care for family members. Your employer may require you to provide a medical document explaining that you or your family member are affected by an illness, especially if the leave being taken is in excess of three days.
If you do not have enough sick leave days to cover the recovery time from an illness, it is often possible to speak with your employer directly and reach a special agreement. It may also be possible to arrange special agreements about taking part days, and calculating sick leave on an hourly basis, rather than a number of whole days.
For more information: www.employment.govt.nz/leave-and-holidays/sick-leave/sick-leave-entitlements
