Upholding your workers rights

Great. It is a legal requirement for all businesses to comply with New Zealand employment standards.

Its worth double checking you meet ALL New Zealand Employment Standards. There are some great resources to help you on the Employment New Zealand website. 

Here is an example of just some of the questions you need to be able to answer YES to be compliant...

• Do all of your employees have a written employment agreement (employment contract)?
• Do your employment agreements include all of the clauses required by law to ensure employment standards are met?
• Does your company keep accurate and up-to-date wage, time, leave, and holiday records?
• Do you pay all of your employees at least the minimum wage for each hour of work?
• Do you pay all of your employees correctly for their annual holidays?
• Do your employees receive bereavement leave, alternate holidays, public holidays, sick leave and family violence leave in accordance with New Zealand legislation?
• Do your employees receive the legally required rest and meal breaks?
• Do you provide all of your employees with information about their employment rights and obligations?
• Do all of your workers, including independent contractors, have the right to work in New Zealand?
• Do you provide all of your employees with equal opportunities? 

Answered 'No' or felt unsure about any of these questions? Click 'No' below to find out more about how to ensure your business is compliant with New Zealand Employment standards. 

Employers and employees (including casuals) have important rights and responsibilities to each other. They are called employment standards. Employers are legally required to meet them. They include:

• The Minimum Wage Act (1983) requiring that all workers be paid a minimum of the hourly minimum wage rate set each year by the government.
• The Employment Relations Act 2000 states that an employment agreement must fix at not more than 40 the maximum number of hours (exclusive of overtime) to be worked in any week by any worker bound by that employment agreement.
• Flexible working is not legally required. However, employers must consider employee requests to change their work arrangements, including place, hours, and days.

Check which areas you are not compliant with using this checklist. For any areas you answer 'No' use the linked resources below to find out how to meet your obligations. This is just some of they most common Employment Standards you need to meet. We advise exploring the Employment New Zealand website for a full list. 

• Do all of your employees have a written employment agreement (employment contract)?
• Do your employment agreements include all of the clauses required by law to ensure employment standards are met?
• Does your company keep accurate and up-to-date wage, time, leave, and holiday records?
• Do you pay all of your employees at least the minimum wage for each hour of work?
• Do you pay all of your employees correctly for their annual holidays?
• Do your employees receive bereavement leave, alternate holidays, public holidays, sick leave and family violence leave in accordance with New Zealand legislation?
• Do your employees receive the legally required rest and meal breaks?
• Do you provide all of your employees with information about their employment rights and obligations?
• Do all of your workers, including independent contractors, have the right to work in New Zealand?
• Do you provide all of your employees with equal opportunities? 

Learn more

Workers rights and your responsibilities as an employer - Employment New Zealand

Minimum rights of employees - Employment New Zealand

Minimum employment rights and responsibilities (PDF)   - Employment New Zealand

Great! While not a legal requirement, educating your employees about their rights is considered best practice. 

It is important in RFPs to detail and show evidence of the ways in which you educate your workers of their rights. For example:

" At [business name] we have a thorough induction process which introduces new employees to their role and rights while performing that role. In addition to regular reviews and check-ins with an employees manager, we make sure all staff have access to an HR Advisor, Career Counsellor or other support should they require independent advice. We ensure employees have access to the educational websites hosted by government agencies e.g. Employment learning modules - Employment New Zealand)."

While not a legal requirement, educating your employees about their rights is considered best practice. 

There are many ways in which you can do this, but the important thing is to make sure your employees have access to information about their rights and know where they can go for advice or help. 

Some examples of ways businesses successfully do this are...

• Information on rights are provided to new employees in their welcome packs
• Induction process introduces new employees to their role and rights whist performing that role
• access to an HR Advisor, Career Counsellor or other support should employees require independent advice
• Share Employment New Zealand E-learning modules for all staff
• Staff forum with invited speaker

Learn more

Workers rights and as an employer responsibilities - Employment New Zealand

Minimum rights of employees - Employment New Zealand

Minimum employment rights and responsibilities  - Employment New Zealand

Congratulations. Businesses who go above and beyond compliance with New Zealand Employment standards are frequently recognised as being being more socially sustainable. 

Increase your chance of winning RFPs by sharing how you meet all employment rights and responsibilities and take extra steps to ensure the wellbeing of all employees. For example:

• paying the Living Wage instead of the Minimum Wage
• providing flexible working
• longer parental leave
• EAP and mental health services
  
  You are likely doing some of these things already. Consider some of the other options and work out if they are possible for your business
  
  
  

Provided you meet New Zealand employment standards you comply with the law. Focus first on meeting these standards (see the first question on this page for help with this). 

Providing more than minimum standards is the next step for businesses if you want to be more socially responsible. 

Best practice 

Meet all employment rights and responsibilities and take extra steps to ensure the wellbeing of all employees. For example:

• paying the Living Wage instead of the minimum wage
• providing flexible working
• longer parental leave
• EAP and mental health services 

Some industries may have more specific guidance on best practice, like the Construction Sector Accord.

Learn more

Workers rights and as an employer responsibilities - Employment New Zealand

Minimum rights of employees - Employment New Zealand

Minimum employment rights and responsibilities  - Employment New Zealand

Employment learning modules - Employment New Zealand

Employer self-assessment checklist -  Employment New Zealand

Employer self-assessment guide - Employment New Zealand

Minimum Wage Act 1983 - Parliamentary Counsel Office

Living Wage Movement Aotearoa New Zealand

Flexible working arrangements - Employment New Zealand