Minimum requirements for RSE worker employment agreements
Employment agreements for Recognised Seasonal Employer (RSE) workers must include requirements for minimum pay, as well as comply with New Zealand employment law.
Employment agreement for your RSE worker
You must provide the
The employment agreement must be:
- genuine and in writing
- up to date when we assess the RSE Limited Visa application, and when the worker is given the RSE Limited Visa
- consistent with the terms of your Agreement to Recruit (ATR)
- for employment planting, maintaining, harvesting, or packing crops in the
or industries in New Zealand - for no more than 7 months — or 9 months if the employment agreement is for citizens of Tuvalu or Kiribati who are normally resident there (this time includes any internal travel and induction arrangements in New Zealand).
Rights and responsibilities for employers and employees — Employment New Zealand
Legal requirements
The employment agreement should:
- comply with all relevant New Zealand employment law, such as the Employment Relations Act 2000, holiday and leave requirements, statutory health and safety obligations, and other minimum statutory requirements
- state that the worker is entitled to 10 days of paid sick leave.
Note
You must ensure RSE workers receive 2 days of paid sick leave from their first day of employment and an additional 2 days each month until they reach a total entitlement of 10 days of sick leave on their 4-month anniversary.
Return airfare
The employment agreement should state you will pay for half of the worker's return airfare between New Zealand and their country of residence, unless the worker is:
- transferring to you from another employer under a joint ATR, where the other employer has paid half of the worker's return airfare, or
- a citizen of Tuvalu or Kiribati, and normally resident there — if so, the agreement must state you will pay for half of the return airfare between Nadi (Fiji) and New Zealand.
Note
The 'return airfare' means the total cost of travel from the worker's country of residence (or from Nadi, Fiji, if the worker is a citizen from there) to New Zealand and back, including all associated taxes and fees.
Minimum pay requirements
The employment agreement must:
- specify a 'per hour' rate and if applicable, the piece rates for the work to be done (the rate must be consistent with the typical rate a New Zealand citizen or residence class visa holder worker is paid for equivalent work, in the same period and region — the
) - comply with the pay deduction and minimum remuneration requirements.
Agreeing to voluntary pay deductions when you work on an RSE visa
Minimum wage rates and types — Employment New Zealand
Minimum remuneration requirements
A. The employment agreement must show:
- the worker will be paid at no less than their employment agreement's 'per hour' rate for hours they do not work, but remuneration is required for, under the terms of agreements in B and C below
- the total payment to the worker is no less than the relevant minimum remuneration set out in B and C and subject to D below
- the worker must be paid at least the adult minimum wage
- a worker returning for their third or subsequent seasons must be paid at least the current adult minimum wage plus 10%.
B. If the employment agreement is for 6 weeks or more, the minimum remuneration is the greater of either:
- payment at no less than 240 hours at the 'per hour' rate, regardless of whether work is actually available, or
- payment for an average of 30 hours per week at the 'per hour' rate for each 4-week period of employment.
C. If the employment agreement is for less than 6 weeks, the minimum remuneration is payment for 40 hours per week, at the 'per hour' rate. This is for the period of work offered in the employment agreement, regardless of whether the work is actually available.
D. If a worker transfers to you from another employer, then B and C do not apply. The minimum remuneration will be payment for an average of 30 hours per week at the 'per hour' rate for each 4-week period of employment.