Citizens Advice Bureau volunteer Pete shows off some useful pamphlets about employment rights that can be found at the CAB office.
Citizens Advice Bureau volunteer Pete shows off some useful pamphlets about employment rights that can be found at the CAB office.
ADVICE COLUMN
Whether you are starting a new job or have been working for a while, everyone has the same basic legal employment rights. Your employer cannot legally violate any of these basic rights under any circumstances.
These rights are the same whether you are an immigrant or a New Zealand citizen. It is important to know what your rights are so you cannot be exploited by your employer. These basic rights are the same whether you are a permanent, fixed-term, casual or seasonal employee.
What can I do if I am not receiving my minimum employment rights?
If you are an employee (full-time, part-time or casual), you have minimum employment rights around things such as your hourly pay rate, hours of work, parental leave, annual leave, sick leave, dismissal and restructuring.
You and your employer can agree on greater employment rights than what is the minimum – for example, five weeks’ annual leave rather than the minimum of four weeks.
The first thing to do if you are not receiving your minimum employment rights is to talk to your employer.
Let them know what rights you are not receiving so that they have a chance to fix the situation. If you prefer not to discuss it with your employer in person, you can write your employer a letter or an email.
If discussing the issue with your employer has not resolved it, you can contact your trade union representative (if you are a member) for support and advocacy, or the Employment New Zealand customer service centre (0800 20 90 20) for advice on your options.
What are my rights if I am employed on a probationary period?
While you are in the probationary period, all the minimum employment rights apply to you. These include rights around health and safety, your pay, annual holidays, sick leave, public holidays and bereavement leave.
The same minimum employment rights also apply to you if you are employed under a trial period. Our website has further information. https://www.cab.org.nz/article/KB00000520
What are my rights if I work for a business in return for accommodation and food?
If the work you do directly helps the business make money, you are most likely an employee – whether they pay you in money, accommodation or food.
This means you have minimum employment rights. For example, you must have a written employment agreement and your employer must pay you at least the minimum wage in money.
I am being mistreated by my employer but I am afraid to say anything in case they report me to immigration. What can I do?
As a migrant worker, you have the same minimum employment rights as New Zealand workers. These rights apply to everyone, even if you are working illegally.
They cannot be taken away from you. Your employer can be fined, and lose the right to employ overseas workers, for breaching these rights. Find out more on our website https://www.cab.org.nz/article/KB00000463
What are my rights as an apprentice?
You have rights under the Human Rights Act. Your employer should not discriminate against you because of your age, gender, etc. Your employer must pay you at least the appropriate minimum wage.
If you are under 20 years old, your employer must pay you at least the starting out wage (80% of the adult minimum wage).
How can the Ministry of Business, Innovation and Employment (MBIE) help with an employment relationship problem?
MBIE can help with issues between employees and employers. It advises employees and employers about their rights and obligations.
You can call it on 0800 20 90 20 during business hours. If you have a workplace issue with your employer, you can use MBIE’s Early Resolution Service to help resolve it before it becomes too serious or requires a more formal process.
What is an employment agreement?
An employment agreement is a contract between an employer and an employee. It covers things such as hours of work, rates of pay and holidays. Every employee must have a written employment agreement, signed by both employer and employee.
It is legally binding, which means if one party doesn’t do what they’ve agreed to, the other party can enforce the agreement through the Employment Relations Authority, if necessary.
A trial period is a period at the beginning of your employment, during which you can be dismissed for any reason. A trial period is a period of up to 90 days when an employer is allowed to dismiss the employee without the employee being able to raise a personal grievance for unjustified dismissal.
I am getting paid less than the minimum wage. What do I do?
A small number of employers are exempted from having to pay the minimum wage. If this exemption does not apply to you or your employer, then they are obliged to pay you to at least the level of the minimum wage. Ask your employer why they are paying you less than the minimum wage. It may be easier to do so in writing. https://www.cab.org.nz/article/KB00000442
Must I have an employment agreement for my job?
Every employee must have an employment agreement. It is a record of what you and your employer have agreed to regarding your employment.
In your first 30 days in a new job, you are automatically covered by a collective agreement, if there is one.
When I interviewed for a job at a cafe, I was asked to do some unpaid work as a work test. Is this legal?
Some employers (mostly in the hospitality industry) will ask a job applicant to do a short work test as part of the job interview process. Its purpose is to help the employer assess whether your skill level is suitable for the job. It should be relevant to the job, and you must be clear that it is a work test. If an employer asks you to do some work to show your suitability for the job as part of your job application, you must both be clear on what to expect. https://www.cab.org.nz/article/KB00000521
What are my rights as a casual employee?
A casual employee’s rights are the same as any other employee’s rights with respect to dismissal, freedom from discrimination or harassment, and ensuring you receive the benefits written into your employment agreement.
The main difference between a casual employee and a permanent employee is that a casual employee only goes to work when their employer asks them to, and they agree.
If my employer requires me to attend regular staff meetings before my shift starts, should I be paid for attending?
Your employer must compensate you for the time you spend working for them. This includes the hours of work you agreed to (in your employment agreement) and “work” you do outside of the agreed hours.
What counts as work?
“Work” is any activity that is an important part of your job.
Anyone who wants to ask for advice can contact the Napier Citizens Advice Bureau in Bower House, Bower St, Napier, Monday to Friday 9am-4pm on 06 835 9664 or 0800 367 222 or send an email to napier@cab.org.nz.
