FACT SHEET 4: MINIMUM EMPLOYMENT RIGHTS The minimum rights described in this fact sheet apply by law to all employees including those in the sex industry. They apply even if they haven t been included in your employment agreement. You can t agree to get rid of any of these minimum rights, but you can agree to things that are better than the minimum. Minimum Employment Rights Annual Holidays Holidays Act 2003 At the end of each year of employment with one employer, you are allowed paid annual holidays of 4 weeks. If you have been employed for a fixed term of less than 12 months, or you re a casual employee who works so irregularly that it isn t possible to for your employer to give you 4 weeks annual holiday, you can agree to get your holiday pay on a pay as you go basis. This means that your holiday pay is included in your regular pay. Your employment agreement has to clearly say this is how you will be paid your holiday pay, and the amount paid as holiday pay has to be at least 8 percent and shown separately on your pay slip. Public Holidays Holidays Act 2003 You are allowed 11 public holidays per year away from work, if they fall on days you would normally work. If you work on the public holiday, you are entitled to be paid time and a half for the time you work. If you work on a public holiday that falls on a day that you would normally work, you are also entitled to an alternative holiday. Sick Leave Holidays Act 2003 After 6 months employment with an employer, you re allowed 5 days paid sick leave per year. You can take sick leave for yourself, or to care for your partner, dependent child or parent. Bereavement Leave Holidays Act 2003 After 6 months employment with an employer, you re allowed paid bereavement leave of: 3 days on the death of a spouse, parent, child, sibling, grandparent, grandchild or your spouse s parent; 1 day if your employer accepts that you ve had a bereavement. For further information read the Fact Sheet on Bereavement Leave General Entitlements at http://www.ers.dol.govt.nz/holidays_act_2003/bereavement.html 1
Rest and Meal Breaks Employment Relations (Breaks, Infant Feeding and other Matters) Amendment Act 2008 Employers have to give employees paid rest breaks and unpaid meal breaks. You are entitled to: One 10-minute paid rest break if your work period is between two and four hours; One 10-minute paid rest break and one 30-minute unpaid meal break if your work period is from four to six hours; Two 10-minute paid rest breaks and one 30-minute unpaid meal break if your work period from six to eight hours. If you work for periods longer than eight hours, these provisions automatically apply to each succeeding work period. Employers and employees can agree on the timing of each break, but if there is no agreement, the default provision is for the breaks to be evenly spread throughout the work period where reasonable and practicable. Infant Feeding Employers have to provide appropriate facilities and breaks for employees who wish to breastfeed (including expressing breast milk), as long as it is reasonable and The breaks are unpaid and in addition to your standard rest and meal breaks. The type of facility that should be provided are a separate space with enough privacy for mothers to breastfeed or express milk, and access to a fridge or chilly bin to store expressed milk in. Minimum Wages Minimum Wage Act 1983 There is a legal minimum wage for adult employees aged 16 and over who are not new entrants or trainees. The new entrants minimum wage applies to new employees who are 16 or 17 until they have completed 200 hours or three months of employment (whichever is shorter) with you or another employer since turning 16. The rate of pay in your employment agreement can t be less than this. You must be paid at least the minimum wage whether you are a full-time, part-time or casual employee. Minimum pay rates are reviewed each year. You can get the current rates from the Department of Labour Contact Centre on 0800 20 90 20 or at http://www.ers.dol.govt.nz/pay/minimum.html. Equal Pay and Equal Rights Equal Pay Act 1972 and Human Rights Act 1993 Your employer can t pay employees differently if the only difference is being male or female. 2
Also, in most cases, your employer can t discriminate in hiring, firing, training or promoting because of your race, colour, national or ethnic origin, sex or sexual orientation, marital or family status, employment status, age, religious belief or political opinion, or if you have a disability. However, due to the nature of the sex industry, there may be situations where the employer can employ workers with specified conditions such as gender or sexual orientation, provided that the employer can prove that this is necessary for business operations. For further information on the Human Rights Act 1993, visit the Human Rights Commission at: www.hrc.co.nz. Parental Leave Parental Leave and Employment Protection Act 1987 You and your partner can apply for unpaid leave when your baby is born, or when you adopt a child under 5, provided that you have worked for the employer for the qualifying period of time. You may also be entitled to up to 14 weeks paid parental leave, which is taxpayer-funded. The payment can be taken by one parent, or shared between two eligible partners. You can check your entitlements by calling the Department of Labour Contact Centre toll free on 0800 20 90 20 or visit http://www.ers.dol.govt.nz/parentalleave/employees/index.html. Flexible Working Arrangements Employees with caring responsibilities can request a variation to their hours of work, days or work, or place of work. For further information, please visit the Work-Life Balance in New Zealand webpage at http://www.dol.govt.nz/worklife/flexible/factsheets.asp. Your Employment Agreement Employment Relations Act 2000 Employees can be covered either by collective or individual employment agreements. Individual Agreements Your employer has to give you a written offer or work and give you a chance to get advice about it. You can go back to your employer and ask for changes if you want to. Your employer has to give you a written copy of the agreement, containing: Your employer s name and your name A description of the work you are to do An indication of where you will work and arrangements relating to your working hours 3
Your wage rates or salary A plain-language explanation of the services available to you (and your employer) to help sort out any employment relationship problems. a provision confirming the right to at least time-and-a-half on a public holiday an employment protection provision that will apply even if the employer s business is sold or transferred, or if the employee s work is contracted out. You can agree to be employed for a fixed term, rather than being a permanent employee. You have the same rights as other employees, except that your job will finish at the end of the fixed term. Your employer can only offer you fixedterm employment where: There is a genuine reason for it (like seasonal work, temping work, or where you are filling in for a permanent employee on leave); and They tell you the reasons and how or when the employment will end, before they employ you. In other words, your employer must make these things clear to you at the start. Collective Agreements Collective agreements are agreements that cover two or more employees who are union members. Only unions and employers are allowed to negotiate collective agreements. Trial Periods Employers with 19 or fewer employees can employ workers on a trial period for up to 90 days. Trial periods are voluntary, and you and the employer must agree to it. The details of the trial must be written in the employment agreement. A termination of trial clause must be added at the end of the agreement. Probation Periods A probation period is when you work for a period long enough for the employer to be satisfied that you demonstrate suitability for the job. This should be recorded in writing in your agreement. Union Membership Rights You have a right to either join or not join a union. It is illegal for an employer or anyone else to put unreasonable pressure on you to join or not join a union, or to discriminate against you because you had joined or didn t join a union. Employment Relationship Problems Sometimes you might be worried about something at work. Maybe you re not sure if your employer is paying you enough, or letting you have the leave you should get. Perhaps you think your employer has done something unfair, or hasn t stopped something unfair happening. 4
If you and your employer can t resolve the problem by talking, you or your employer can ask the Department of Labour for mediation to help sort things out. The service is free: call the Contact Centre on 0800 20 90 20 to find out more. You can also check the website at: www.ers.dol.govt.nz. For further information about your employment rights, go to www.ers.dol.govt.nz or phone 0800 20 90 20. 5