We have put together some information explaining your minimum employment rights and what to do and where to go if you need further information or assistance, particularly in terms of employment and immigration matters.
Translations are available as PDF files.
Before you make any decisions about working in New Zealand, carefully research the industry you will be working in. Some good ways of gaining information are to talk to others who have worked in New Zealand, and visit the websites of New Zealand-based organisations for your industry. Being fully informed will help you to know what to expect in New Zealand and will make your experience more enjoyable.
Details of some helpful organisations are listed below.
New Zealand has employment law in place to protect all workers from being treated unfairly at work. As an employee in New Zealand you have the right to be free from any form of bullying, harassment or discrimination based on colour, race, ethnicity, age, disability, religion, political affiliation, employment status, sexual orientation and marital or family status. Every employee must have a written employment agreement. It can be either an individual agreement or a collective agreement. It is important that you understand and agree to your conditions of employment before you start work.
You have the right to be paid no less than the minimum wage, which is an hourly pay rate set by the Government, or at a rate which is above the minimum wage as agreed by you and your employer. Unless it is for tax purposes, your employer needs to get your written consent to make deductions from your pay, or to pay your wages to you in a form other than cash.
You may have the right to be paid for public holidays, annual holidays, sick, bereavement or parental leave.
You have the right to join a union, an organisation run by employees that seeks to protect and improve wages and working conditions. Unions can help you with any problems or questions you have regarding your workplace and your employment rights.
There are many different government and non-government organisations in New Zealand who provide information and support to migrants and workers. These organisations do not charge for their services. If you feel that you are being treated unfairly in your workplace, you could contact any of the organisations listed overleaf.
The Department of Labour can also assist with mediation between you and your employer.
If your employment is terminated while you are in New Zealand you should approach your nearest Immigration New Zealand office (our Contact Centre will advise you where it is) as soon as possible to advise us of your situation and apply for a new temporary visa.
Before an employee starts work, the employer and the employee can agree in a written employment agreement to a trial period of up to 90 days. If the employment ends within this 90 days, an employee cannot bring an unjustified dismissal claim. The Department of Labour may be able to offer mediation in these situations. If you believe that your termination is unfair, contact the Department.
There are minimum employment rights and obligations relating to health and safety at work. In particular:
If you are studying in New Zealand you must comply with the conditions of your visa, including any work conditions noted. International students eligible for work rights are generally allowed to work up to 20 hours per week during the year and full time during the Christmas/summer holidays. The ability to work must be visible on your visa or in an approval letter from Immigration New Zealand. Please check your visa and your approval letter for the conditions that apply to you.
For all employment-related matters, including workplace health and safety:
Department of Labour Contact CentreCalls within New Zealand: Freephone 0800 20 90 20Website: www.dol.govt.nz
For all immigration-related matters:
Immigration New Zealand Contact CentreCalls from within New Zealand but outside Auckland: Freephone 0508 55 88 55Calls from Auckland: 09 914 4100Calls from outside New Zealand: +64 9 914 4100
If you want to find out more about everyday living in NewZealand, such as:
See our settlement information at www.ssnz.govt.nz.
SSNZ is a national support network that directs new migrants and their families to local services they need during their first years in New Zealand. SSNZ is your firstpoint of contact for free information and services to help you settle well in New Zealand.
Community law centres provide a range of community legal services including legal advice, legal assistance and representation, legal information, legal education and law reform activities. www.communitylaw.org.nz has contact details for all centres across New Zealand.
The CTU has 40 affiliated unions, including the New Zealand Nurses Organisation for nurses and caregivers, and the Amalgamated Workers Union for agricultural workers and labourers. The unions represent over 350,000 union members.
The CTU can put you in contact with the appropriate union for your industry. The unions can help you with any difficulties you are having in your workplace by providing advice and representation.
Inland Revenue can give you information to help you understand your tax obligations and entitlements in New Zealand.
Your country’s Embassy, Consulate or High Commission in New Zealand may be able to help and advise you on any difficulties you may be experiencing.
