All employees, full-time, part-time, permanent, fixed-term or casual, are entitled to a copy of their (individual or collective) employment agreement in writing. The employment agreement must have terms and conditions which are at least as good as the minimum rights in the law.
Minimum rights and responsibilities set out in law apply to all employees, even if:
- they’re not in your employment agreement, or
- your employment agreement tries to trade some off against each other, or
- your employment agreement tries to make you get less than these minimums, or
- you don't have an employment agreement (although your employer is required to give you one).
The law protects an employee at work by:
- setting the minimum rights of an employee
- making sure that all employees are safe at work and not unlawfully discriminated against, bullied or harassed
- making sure that the employer acts in good faith, (the employee has to as well).
Contact us for help if you believe you may not have received your minimum employment rights, or would like to learn more about your rights.
Minimum rights vs negotiable terms and conditions
The following table has some of the minimum entitlements, and lists some examples of where employers and employees have negotiated better terms and conditions in their employment agreements.
|Minimum rights||Examples of negotiated rights|
|Four weeks’ paid annual holiday per year||Extra annual holidays above four weeks eg five weeks|
|Eleven public holidays per year||Extra holidays eg company holidays, Dominion day|
|Payment of time and a half for working on public holidays||Higher rates for working on public holidays eg double time|
|Five days’ paid sick leave per annum after first 6 months, and 15 days can be carried over to a maximum of 20 days||More than five days’ paid sick leave, no need to wait for six months, more than 15 days’ carry over|
|Three days’ paid bereavement leave for certain family members, one day for other people||More than three days’ paid bereavement leave|
|Up to 52 weeks’ parental leave||Comprehensive parental leave entitlements which are more generous|
|Rest and meal breaks must be provided - Rest break must be paid||More frequent or longer rest breaks, meal break is also paid|
|Relevant minimum wage must be paid||Wages and salary rates above the minimum wage|
|Overtime paid at minimum wage per hour||Overtime at more than minimum wage|
|Payment of wages to be made in cash||Frequency of paydays and how payment is made|
|Unpaid leave for jury service||Normal pay while on jury service|
Other areas where minimum rights apply include:
- Employment agreements
- Employment relationship problems
- Pay and employment equity
- Fixed-term employees
- Flexible working arrangements
- Health and safety
- Keeping accurate records for holidays and leave, and wages and time
- Trial periods
Information on minimum employment rights and obligations is also available in other languages.