All about pay, hours at work, record keeping and what breaks employees are entitled to.

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1 Skip to main content Employment New Zealand Search the entire site Starting employment Starting employment Starting a new job is an exciting and challenging time. It s important for employers to use good hiring processes, and for everyone to follow minimum rights and responsibilities. Who is an employee Hiring Sample appointment letters Employment agreements Trial and probationary periods Unions & bargaining Rights and responsibilities Right to work in New Zealand Hours and wages Hours and wages All about pay, hours at work, record keeping and what breaks employees are entitled to. Pay and wages Rests and breaks Hours of work Keeping accurate records Leave and holidays Leave and holidays Employees become entitled to annual holidays, public holidays, sick leave, bereavement leave, parental leave and other types of leave as long as they meet certain conditions. Alternative holidays Minimum leave and holidays entitlements Public holidays Annual holidays Sick leave Otherwise working day Bereavement leave Parental leave Other types of leave Calculating payments for holidays & leave Workplace policies

2 Workplace policies Clear workplace policies and procedures support employment agreements and mean everyone knows how things are meant to be done. This section provides help in some key areas. What are workplace policies? Employee performance Health and safety at work Productive workplaces Protected disclosures Workplace change Restraint of trade Work equipment and clothing Tests and checks Employment for disabled people Resolving problems Resolving problems The best way to prevent and resolve relationship problems between employers and employees. Employer and employee must do s Types of problems Steps to resolve Preventing relationship problems Escalating unresolved issues Ending employment Ending employment There are several ways in which employment relationships may be ended, such as resignation, retirement, dismissal or redundancy. Resignation Abandonment of employment Constructive dismissal Retirement Dismissal Redundancy Giving and accepting notice Final pay Starting employment Starting employment Search the entire site

3 Who is an employee Who is an employee Types of employee Contractor versus employee Volunteers Hiring Hiring Preparing for the hiring process Describing the job Advertising the job Job applications Interviews Interviews Interview tips for applicants Selecting and appointing Selecting and appointing Psychometric testing and assessment centres Induction Discrimination when hiring Discrimination when hiring Transgender employees Hiring young people Hiring young people Why employ young people Find and hire young staff Support and train young staff Help and resources for young people Barriers to youth employment Sample appointment letters Employment agreements Employment agreements Types of employment agreements Things an agreement must contain Offering and negotiating employment agreements Employment agreement builder Unfair bargaining Trial and probationary periods Trial and probationary periods Trial periods Probationary periods

4 Unions & bargaining Unions and bargaining Unions Collective agreements Collective agreements Collective bargaining Collective bargaining Initiation of collective bargaining Preparing for bargaining Preparing your team Negotiating the agreement After the negotiations Good faith Good faith Code of good faith in collective bargaining Passing on collective agreement terms Unable to agree Strikes and lockouts Employment relations education leave Employment relations education leave Calculating, allocating and taking ERE leave ERE-approved courses Applying for ERE course approval Applying for ERE course approval Criteria used to assess ERE course approval Critical success factors for ERE initiatives Using pre-approved courses Applying to have a course re-approved Rights and responsibilities Rights and responsibilities Minimum rights of employees Employment responsibilities Working more than one job Protecting employees who work alone Young employees Right to work in New Zealand Hours and wages Hours and wages Pay and wages

5 Pay and wages Types of pay Minimum wage Minimum wage Types Current rates Previous rates Disability exemptions Agricultural industry Foreign fishing crews Pay day Deductions Deductions Taxes How much to pay Benefits and allowances Pay equity Pay equity Gender pay gap Pay review process Pay review analysis Equitable job evaluation Gender job evaluation standard Spotlight skills recognition tool Payslip Rests and breaks Rests and breaks Rest and meal breaks Breastfeeding at work Hours of work Hours of work Rostering Keeping accurate records Leave and holidays Leave and holidays Alternative holidays Minimum leave and holidays entitlements Public holidays Public holidays Public holidays and anniversary dates

6 Holidays and anniversary dates icalendar feeds Public holiday and anniversary dates for previous years Public holidays falling on a weekend Public holidays falling on a weekend Entitlements when a public holiday falls on Saturday Entitlements when a public holiday falls on Sunday Falls within leave period Employees working shifts or on call Transferring by agreement Restricted shop trading days Restricted shop trading days Restricted shop trading tool Local council Easter Sunday shop trading policies Annual holidays Annual holidays Entitlements Pay-as-you-go Cashing-up annual holidays Annual closedowns Taking annual holidays Sick leave Sick leave Sick leave entitlements Requirement for medical examination Sick leave and ACC payments Otherwise working day Bereavement leave Parental leave Parental leave Eligibility Parental leave eligibility who can take it Eligibility table Types of leave Types of parental leave Keeping in touch days Protecting your job Taking leave How to take parental leave Leave forms and letters

7 Leave scenarios Employer's response Parental leave payment Parental leave payment Overview Who can get parental leave payments Payment amount Payment period Applying for payments Preterm baby parental leave payments Payment scenarios Returning to work Returning to work Ending leave scenarios Parental leave problems Other types of leave Other types of leave Stress leave Garden leave Defence force volunteers Leave without pay General election voting leave Employment during and after disasters Long service leave Jury service Calculating payments for holidays & leave Calculating payments for holidays and leave Annual holiday payment rates Paying via payroll system Paying via payroll system Pay for leave and holidays guidance Public, sick, bereavement, alternative pay Leave & holidays in final pay Relevant & average daily pay Changes to tax legislation applying to employee share schemes (ESS) Holiday and leave entitlement and payment must-knows Gross earnings Workplace policies Workplace policies What are workplace policies? Employee performance

8 Employee performance Growing performance Growing performance Setting expectations Good communication Good communication Catch-ups Performance reviews Giving and getting feedback Positive conversations and reaching agreement Managing performance issues Managing performance issues Why manage performance issues Why manage performance issues Possible causes Questions managers should ask themselves How to manage performance issues How to manage performance issues Informal intervention Formal intervention When performance improves On-the-job training On-the-job training Training, development and coaching Education and training for trades Health and safety at work Productive workplaces Productive workplaces Work-life balance Flexible working arrangements Flexible work Benefits, rights and responsibilities How to apply How to apply Checklist Considering a request Considering a request Responding to a request checklist

9 Approving a request Declining a request Unresolved requests High Performance Work Initiative (HPWI) Employee privacy Protected disclosures Workplace change Workplace change Overview of workplace change Workplace change process outline Assessing the impact of structure change on jobs Selection process Restructuring when a business is sold or transferred Restraint of trade Work equipment and clothing Work equipment and clothing Tools of trade Vehicles Uniforms and dress codes Tests and checks Tests and checks Criminal record checks Drugs, alcohol and work Credit checks Employment for disabled people Employment for disabled people Disability definitions and etiquette The benefits of being a disability confident organisation Plan to become a disability confident organisation Reasonable accommodation (measures) Communications support Hiring disabled people Keeping disabled employees Financial help and wages Disability information and resources for employers Resources and government support for disabled employees and jobseekers Resolving problems Resolving problems Employer and employee must do s Employer and employee must do s Good faith

10 Good faith Not misleading or deceptive Be responsive and communicative Decisions which might cause job loss Good communication Good reason Fair process Types of problems Types of problems Misconduct and serious misconduct Misconduct and serious misconduct Employee actions outside of work Bullying, harassment and discrimination Bullying, harassment and discrimination General process Bullying Harassment Discrimination Transgender people discrimination Exceptions to unlawful discrimination Incompatibility Medical incapacity Steps to resolve Steps to resolve Informal actions Informal actions Talking to your employer Warnings Disciplinary action Disciplinary action Disciplinary process Investigations Suspension Personal grievances Personal grievances What is a personal grievance? The personal grievance process Unjustifiable dismissal Unjustified disadvantage Mediation

11 Mediation What is mediation Requesting mediation Preparing for mediation Reaching an outcome in mediation Representation at mediation Mediation in collective bargaining Records of settlement Records of settlement How to submit a record of settlement Labour Inspectorate Labour Inspectorate Addressing Holidays Act non-compliance Employers who have breached minimum employment standards Preventing relationship problems Preventing relationship problems Stop issues before they start Recognise an issue early Follow the agreed process Escalating unresolved issues Escalating unresolved issues Employment Relations Authority Employment Court Human Rights Review Tribunal Ending employment Ending employment Resignation Abandonment of employment Constructive dismissal Retirement Dismissal Redundancy Giving and accepting notice Giving and accepting notice During the notice period On and after last day of employment Final pay Privacy This privacy statement applies to personal information collected by the Ministry of Business,

12 Innovation and Employment (MBIE) through the Employment New Zealand website and our contact centre. Home > Privacy Employment New Zealand About us Contact us News and updates Employment law Copyright Privacy Disclaimer Glossary of terms Purpose and scope The purpose of this privacy statement is to let users of this website know when we may collect personal information and what we may do with it. We do not use, share or disclose personal information collected or received through this website except as set out in this statement. This privacy statement applies to personal information collected through the Employment New Zealand website: It also includes how personal information is treated by our Employment New Zealand contact centre. Collection, storage and use No need to disclose personal information You can use without disclosing any personal information. Voluntary disclosure of personal information You may choose to voluntarily provide personal information through this website (eg in ask a question, or feedback forms). This information may be viewable by site administrators, MBIE staff (as appropriate) and third-party contractors who may administrate or work on the site. Electronic alerts and newsletters When you subscribe to one of our alerts or newsletters, the details you provide may be stored in a secure third-party database (ie Campaign Monitor). Your name and address will be used to send you future electronic newsletters, and will not be disclosed without your consent. When you unsubscribe to our alert or newsletter, your details will be deleted from the database. Collection of personal information MBIE may ask or require you to provide some personal information when you complete an online

13 form (eg the contact us form). MBIE may require you to register your details with us in order to create or maintain an account or profile (eg Submitting a Record of Settlement to Employment Mediation Services). As part of our online processes there may be other information that is required to be supplied. Failing to provide such information may reduce or make unavailable some services we provide to you. We may also ask you to voluntarily provide biographic data. Where you choose to do so, we will use it to understand the customers accessing our services and it may be shared with our team, enabling us to provide better services. Holding of information When you provide personal information, it will be held by MBIE. It may be stored or accessed on behalf of MBIE by authorised third parties (such as third-party contractors) to the extent that is necessary, for example for them to administrate or work on the site. We will store and keep your personal information secure in accordance with the Privacy Act 1993 and agents will be subject to the MBIE's information security and privacy requirements. Disclosure of information MBIE will generally not share personal information that is provided or collected through this website, unless it is necessary to do so for the purpose for which you gave us the information (eg to investigate a complaint, or to manage or schedule a mediation) or where you consent. MBIE will not otherwise disclose personal information provided or collected through this website unless required or otherwise permitted by law. Use of personal information MBIE will generally only use personal information provided to us through this website for the purpose you provided it (eg to administer, evaluate and improve the site, to improve our services, or to action or respond to the information provided). We may also use personal information provided to us through this website for other reasons permitted under the Privacy Act 1993 (eg with your consent, for a directly related purpose, or where the law permits or requires it). Call recording As part of our commitment to providing the best possible service to our customers we record all inbound and outbound telephone calls at our contact centre. This helps us to identify ways that we can provide you with a better service. We record calls for staff training purposes, helping us to improve the quality of our customer service and to ensure the information we provide is consistent and accurate We understand your personal information is important to you, and we are committed to protecting your privacy. We store the recordings securely for two years and destroy them after this period. Unless we have lawful reason for withholding this information, it will be made available if you request access to a transcript or copy of your call by ing the Privacy Officer at oia@mbie.govt.nz.

14 Records and retention of personal information MBIE will only retain personal information as long as it is required for the purposes for which the information was collected and may lawfully be used. Public Records Where any information provided (which may include personal information) to or through this site constitute public records, it will be retained to the extent required by the Public Records Act MBIE may also be required to disclose information under the Official Information Act 1982 or to a Parliamentary Select Committee or Parliament in response to a Parliamentary Question. Rights of access and correction Your rights You have the right to: find out from us whether we hold personal information about you access that information; and, if applicable request corrections to that information If MBIE has a good reason for refusing a request for correction, you are entitled to request that a statement be attached to the information of the correction that was sought but not made. If you want to check personal information that we hold, please write to: Privacy Officer Ministry of Business, Innovation and Employment PO Box 5488 Wellington 6011 New Zealand For more information on the privacy laws in New Zealand and contact details for the Office of the Privacy Commissioner, please visit the Privacy Commissioner's website(external link). Statistical information and cookies Statistical information We may collect statistical information about your visit to help us improve this site. This information is aggregated and non-personally identifying. It may include: your IP address; the search terms you used; the pages you accessed on our website and the links you clicked on; the date and time you visited the site; the referring site (if any) through which you clicked through to this Site; the device you used to access the site; your operating system (e.g., Windows XP, Mac OSX);

15 the type of web browser you use (e.g. Internet Explorer, Chrome); and/or other incidental matters such as screen resolution, the release of your installed Flash version and the language setting of your browser. The statistical information referred to above will be viewable by site administrators and certain other Ministry of Business, Innovation and Employment staff. It may also be shared with other government agencies. Cookies Browser or web cookies are small text files that are sent by a website and stored on your computer's hard drive. Cookies are generally used to improve your experience of a website (eg by remembering preferences you have set) and to track site usage. Employment New Zealand does not use cookies on this website to gather any personally identifiable information. We use cookies to gather data about trends in site usage using a tool called Google Analytics. You can read Google s privacy statement, and access a Google Analytics opt-out tool, at the Google Privacy Center(external link). You can manually disable cookies at any time - check your browser's 'Help' to find out how (disabling cookies will not affect your ability to use this website). Security MBIE websites have security measures in place to prevent the loss, misuse and alteration of information under our control. In order to maintain the cyber security of MBIE systems and information, MBIE systems are subject to ongoing monitoring (including activity logging), analysis and auditing. We may use information about your use of our websites and other IT systems to prevent unauthorised access or attacks on these systems or to resolve such events. We may use this information even if you are not involved in such activity. MBIE may utilise services from one or more third party suppliers to monitor or maintain the cyber security of its systems and information. These third party suppliers will have access to monitoring and logging information as well as information processed on MBIE websites and other IT systems. Share this page Facebook Twitter LinkedIn Print this page Export as PDF Still haven't found what you're looking for? Search the entire site Employment New Zealand

16 Employment New Zealand Starting employment Hours and wages Leave and holidays Workplace policies Resolving problems Ending employment Quick links About us Tools and resources Request mediation Submit a record of settlement Employment law database About Employment New Zealand Contact us Glossary News and updates Subscribe to our updates Privacy policy Disclaimer Copyright 2017 EMPLOYMENT NEW ZEALAND Please note that this content will change over time and may be out of date. Ministry of Business Innovation and Employment

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