New Zealand has strict employment laws for both employers and employees. Both of the parties need to follow these to ensure a mutually beneficial relationship. By mandating businesses to grant you certain employment rights, the law protects you and your rights. These consist of sick leave and four weeks of annual vacation, and a discrimination-free environment. You also have responsibilities as an employee, like showing up for work on time and ensuring the safety of both you and other employees.
Employment contracts:
A contract outlining the terms and conditions of employment between an employer and employee is called an employment agreement. Written employment contracts signed by the employee and the employer are required for applications of these laws.
Employment contracts may address a variety of subjects, such as:
- Job title and Responsibilities
- Pay and working hours
- Benefits of leave
- The right of the employee to termination
- Any further pertinent employment terms and conditions
Employees’ Rights:
In order to guarantee fair and equal treatment, New Zealand’s employment laws establish minimal rights and entitlements for workers. These consist of:
Annual Paid Holidays:
After 12 months of continuous employment, employees are entitled to four weeks (20 days) of paid yearly leave. This benefit aids in ensuring that employees have time to relax and recover.
Holidays:
Every year, employees are entitled to eleven public holidays. They must receive an alternate holiday and at least time-and-a-half compensation if they work on a public holiday.
Bereavement and Sick Leave:
Following six months of continuous employment, employees are entitled to ten days of paid sick leave annually. According to the law, they also have the right to bereavement leave for close relatives or other people.
Parental Leave:
Parental leave choices are offered under New Zealand’s employment law, which includes up to 26 weeks of paid leave and an extra 26 weeks of unpaid leave.
Rest and Meal Breaks:
To guarantee they have enough time to relax and refuel during working hours, employees are entitled to food and rest breaks between working hours.
Measures to Prevent Discrimination:
Workplace discrimination on the basis of race, gender, age, religion, political beliefs, and other protected characteristics is strictly prohibited in New Zealand. Employers are required to make sure that recruiting, promotion, and day-to-day interactions at work are all conducted without discrimination. The Human Rights Act of 1993 includes provisions for this protection.
Regular Work Schedules and Flexibility:
In New Zealand, a typical workweek consists of 40 hours, usually divided into five days. Specific working hours and any flexibility clauses should be mentioned in employment agreements. Flexible work schedules can be negotiated by employers and employees to meet the demands of both sides.
Health and Safety Rights:
Workers are entitled to a safe and healthy work environment. The 2015 Health and Safety at Work Act safeguards this entitlement.
Trial Period and Procedures for Termination:
According to New Zealand law, new hires have a 90-day trial period during which any party may fire them without cause as long as the employment agreement specifies this time frame. Giving notice, paying unpaid wages, and providing other benefits are all part of standard termination procedures.
Employer’s Rights:
Employers in New Zealand have numerous rights at work, as stipulated by employment legislation. We will discuss a few of them here:
Manage their Business:
Employers are entitled to make decisions about how their company is operated, including hiring and firing staff, determining pay and working conditions, and allocating resources.
Employee Order and Control:
Employers are entitled to provide guidance, assign tasks, and monitor performance in order to guide and manage their workers’ work. Employers have the authority to question staff members who exhibit mediocre work, misbehavior, or other violations of the terms of their employment contract.
Terminate the Employment Relationship:
Employers can terminate an employee’s employment relationship in accordance with the terms of the employment contract and the ERA’s regulations. In addition to these, Employers have particular rights under a number of laws, including the Human Rights Act of 1993 and the Health and Safety at Work Act of 2015.
If you think any of your rights are being violated as an employee or employer, you can consult our team to resolve your workplace dispute. Our signature three step process: Probe, Prepare and Protect is set in place to help you get your deserved rights. Simply fill some details and our team will get in touch with you.