WH1.20 Requirements for employment agreements under RSE Instructions

WH1.20.1 Minimum requirements for employment agreements under RSE Instructions

Employment agreements between RSEs who hold ATRs and non-New Zealand citizen or residence class visa holder workers employed under RSE instructions must:

1. be in writing and current at the time the RSE limited visa application is assessed by INZ, and at the time the limited visa is granted; and
2. be consistent with the terms of any current ATR held by the employer; and
3. be for employment in New Zealand planting, maintaining, harvesting, or packing crops in the horticulture or viticulture industries; and
4. be for a period of no more than seven months, unless the workers are citizens of Tuvalu or Kiribati, who are normally resident in Tuvalu or Kiribati, in which case the period may be up to nine months (this period is inclusive of the time for internal travel and induction arrangements within New Zealand) (see WH1.15.20); and
5. be genuine; and
6. specify a "per hour" rate for the work to be performed by the worker, that is consistent with the typical rate a New Zealand citizen or residence class visa holder worker is paid for the equivalent work, in the same period and region; and
7. where piece rates apply to the work to be performed by the worker, also specify the piece rate(s), which must be consistent with the typical rate a New Zealand citizen or residence class visa holder worker is paid for the equivalent work, in the same period and region; and
8. comply with the minimum remuneration requirements set out below in WH1.20.5 and pay deduction requirements set out below in WH1.20.10; and
9. comply with all relevant employment law in force in New Zealand, such as the requirements of the Employment Relations Act 2000, holiday and leave requirements, statutory health and safety obligations, and other minimum statutory requirements; and
10. state that the employer will pay for half of the return airfare between New Zealand and the worker's country of residence, unless:
    1. the employment agreement is for a worker who is transferring from one RSE to another (see WH1.15.5); or
    2. the employment agreement is for a worker who is a citizen of Tuvalu or Kiribati and is normally resident in Tuvalu or Kiribati (in which case the employment agreement must state that the employer will pay for half of the return airfare between Nadi (Fiji) and New Zealand); and
11. comply with the minimum sick leave requirements set out below in WH1.20.25.

Note: For the purposes of these instructions, the return airfare is defined as the total cost of travel from the worker's country of residence (or from Nadi (Fiji) for a worker who is a citizen of Tuvalu or Kiribati) to New Zealand and back, including all associated taxes and fees.

WH1.20.5 Minimum remuneration under RSE Instructions

1. The employment agreement must provide that:
   1. the worker will be paid no less than the market rate for actual hours worked; and
   2. the worker will be paid at no less than the "per hour" rate specified in the employment agreement (see WH1.20.1 (f) above) for hours not worked but for which remuneration is required in terms of (b) and (c) below; and
   3. the total payment to the worker will be no less than the relevant minimum remuneration set out in (b) and (c) and subject to (d) below; and
   4. the worker must be paid no less than the applicable minimum hourly wage plus 10% per hour for actual hours worked.
2. For employment agreements that are for a period of six weeks or longer, the minimum remuneration is the greater of the following amounts:
   1. payment at no less than 240 hours at the "per hour" rate, regardless of the actual availability of work; or
   2. payment for a minimum of 30 hours per week at the "per hour" rate for the period worked.
3. For employment agreements that are for a period of less than six weeks, the minimum remuneration is payment for 40 hours per week, at the "per hour" rate, over the period of work offered in the employment agreement, regardless of the actual availability of work.
4. Despite (b) and (c) above, where a worker has transferred from one RSE to another (see WH1.15.5), the minimum remuneration will be payment for a minimum of 30 hours per week at the "per hour" rate for the period worked.

Note: In cases where a worker has transferred from one RSE to another (see WH1.15.5), the first RSE remains liable for complying with the minimum remuneration requirements stated in (a) above in relation to the period for which the worker was employed by that RSE.

WH1.20.10 Pay Deductions

Pay deductions will only be permissible where:

1. the employer has submitted the proposed pay deduction arrangements to INZ for approval with the application for the ATR; and
2. the employer has submitted any subsequent proposed changes to the pay deduction arrangements to INZ for approval in advance of the changes taking effect; and
3. the requirements of relevant New Zealand employment legislation, in particular the requirements of the Wages Protection Act 1983, have been complied with; and
4. the employer has obtained the written consent, freely given, of the worker before any deductions are made; and
5. the employer has informed the worker that the worker can withdraw his or her consent to the deductions at any time; and
6. the deductions are for a specified purpose and are for actual, reasonable, verifiable expenses in relation to that purpose; and
7. the amount deducted is no greater than that deducted, in comparable circumstances, from the pay of workers who are New Zealand citizens or residence class visa holders.

WH1.20.15 Market Rate

For the purpose of RSE Instructions, 'market rate' is the typical rate a New Zealand citizen or residence class visa holder is paid for doing the equivalent work, in the same period, in the same region. The 'market rate' may be expressed in terms of a 'per hour' rate or a piece rate.

WH1.20.20 Temporary freeze to accommodation cost increases

For the purpose of RSE Instructions, any deductions from workers’ pay for accommodation costs should be no greater than the accommodation costs accompanying the most recent ATRs previously submitted to and approved by INZ prior to 21 November 2022.

WH1.20.25 Minimum sick leave under RSE Instructions

The employment agreement must provide that the work will be entitled to paid sick leave accumulated as follows:

Notes: 
- In cases where a worker has transferred from one RSE to another (see WH1.15.5), the new employment agreement must comply with the minimum sick leave requirements in WH1.20.25.
- ‘Anniversary’ refers to the employment anniversary which is the date a worker began employment. For example, if the worker started on 10 October 2023, the one-month anniversary would be 10 November 2023. If they start employment on 31 October 2023 the one-month anniversary is 30 November 2023.

Effective 01/10/2023