Although there is no minimum code as such in New Zealand Employment Law, there are certain rights that all New Zealand employers must honour in relation to their employees.
There are several pieces of New Zealand legislation that grant minimum rights to employees. These include:
- Written Agreement: All full time employees are entitled to a written employment agreement.
- Minimum wage: From 1 April 2009, the minimum wage for all employees aged 16 or over who are not new entrants or trainees is $12.50 per hour. For new entrants and trainees aged 16 and 17 the minimum wage is $10.00 per hour.
- Equal Pay: Under the Equal Pay Act 1972 and the Government Service Equal Pay Act 1960, men and women are entitled to equal pay for the same or substantially similar work.
- Annual Leave: Under the Holidays Act 2003, employees are entitled to 4 weeks’ annual leave per year.
- Paid public holidays: Under the Holidays Act 2003 employees are entitled to 11 specified public holidays leave (if the employee would normally work on the day on which the relevant holiday falls in any particular year).
- Sick Leave: After six months' employment with an employer, most employees become entitled to five days' paid sick leave per year, which can be taken in the event of sickness or injury to yourself, your partner or another person dependent on you for care. Unused sick leave can accumulate up to 15 days, so that at any one time it is possible to have as many as 20 days sick leave available.
- Bereavement leave: Most employees are entitled to three days plus one day bereavement leave on the death of a spouse, parent, child, sibling, grandparent, grandchild or your spouse’s parent or if your employer accepts that you've suffered bereavment on the death of any other person.
- Parental Leave: If you have worked for the same employer for an average of at least 10 hours per week for either the immediately preceding six or 12 months before the expected due date or adoption of a child you may be eligible for up to 52 weeks’ parental leave under the Parental Leave and Employment Protection Act 1987.
- Payment of wages in money and without deduction: Under the Wages Protection Act 1983.
- Freedom from discrimination: Employees are entitled to freedom from discrimination on the basis of sex, religion, age, union membership, disability, sexual orientation, political opinion, employment status and having organisms in the body capable of causing illness.
- Health and Safety: Employees are entitled to adequate health and safety standards in the workplace.
- Free Assistance: Employees are entitled to free assistance (mediation) to resolve any employment problems.
Employees can negotiate for better conditions but cannot be subject to worse conditions than these minimum rights.
Should you need any assistance with any Employment matters, please contact Lois Flanagan at Parry Field Lawyers (379-4383).
