Employers
Employer rights and responsibilities
Once you’ve hired an employee, you and your employee can agree to better terms and conditions, but at least the minimum entitlements must be provided.
Give your employees the minimum employment rights
The law sets minimum Legal rights that employers and employees have which protect how they are treated at work and promote fairness in the workplace. They include acting in good faith, being active and constructive in maintaining the employment relationship, and following employment laws and lawful terms in the employment agreement. A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.
You must:
- give your employees a written employment agreement, commonly called a contract
Employment agreement builder – business.govt.nz(external link)
- pay your employees at least the
minimum wage for all the hours they workThe lowest amount an employee can be paid per hour. There are 3 types of minimum wage: adult, starting-out and training. There is no minimum wage for employees younger than 16 years old.
- pay your employees in cash, unless they’ve agreed to receive it in a different way such as by direct credit
- not take money (deduct) out of your employee’s wages unless the law allows it (like tax and student loan payments), or you have agreed in writing to have money taken out
- give your employees regular rest and meal breaks
- for an 8-hour day – two 10-min breaks and one unpaid 30-min lunch break
- for a 6-hour day – one 10-min break and one unpaid 30-min lunch break.
- give your employees 4 weeks of paid annual holidays, after they’ve worked for 12 months
- give your employees up to 12 paid
public holidays if they fall on a day that they would usually work onAn observed day of national, religious, or cultural significance. Special payment rates and entitlements apply to public holidays.
- give your employees a paid alternative holiday if they’ve worked on a public holiday on a day they would usually work
- give your employees 10 days of paid sick leave, after they’ve worked continuously for 6 months
- give your employees bereavement leave, after they’ve worked continuously for 6 months
- give your employees family violence leave, after they’ve worked continuously for 6 months
Pay for sick, bereavement and family violence leave
- provide a workplace that is healthy and safe, and free from
discrimination and bullyingWhen a person is treated differently and less fairly than others, for example, because of their race, sex, age, religion, or other prohibited ground under the Human Rights Act 1993.
- consider flexible working arrangements
- allow your employees to join a union if they want to, without any pressure to join, or not to join from anyone
- talk to your employees in
good faith if there will be any changes to the workplace that might negatively affect their hours or role, for example, restructuring.An underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way.
Your employees can also resign at any time by notifying you that they will be leaving and working the notice period set out in their contract.
Employer rights
Employers also have Legal rights that employers and employees have which protect how they are treated at work and promote fairness in the workplace. They include acting in good faith, being active and constructive in maintaining the employment relationship, and following employment laws and lawful terms in the employment agreement.
You have the right to:
- decide how to run your business, including setting wages, allocating resources and restructuring in certain circumstances
- establish workplace policies and procedures but consult with employees on these where necessary
- manage your employees, including giving them lawful and reasonable instructions to follow, assigning work and overseeing performance
- be dealt with in good faith and not be misled or deceived by employees
- fidelity (loyalty) from your employees – an employee must act in the best interests of their employer and not undermine the relationship of trust and confidence
- confidentiality – employees have a duty to keep confidential information private, including trade secrets and other sensitive data, both during and after employment
- protect your intellectual property
- take action during collective bargaining if certain criteria are met
- appropriately manage performance issues and misconduct, including taking disciplinary action if needed
- dismiss an employee if you have followed a fair and proper process.
Workplace policies and procedures
Restructuring and workplace change
Protect your intellectual property – Business.govt(external link)