Your rights as an RSE worker

If you work in New Zealand on an RSE visa, your employer must do these things.

Employment agreement

• Your employer must give you a written contract that explains:
  • your pay
  • your work hours
  • holiday pay
  • sick leave
  • work conditions
• The contract must say your employer will pay at least 50% of your return airfare.

Minimum requirements for RSE worker employment agreements

Pay

• Your employer must pay you at least the for 30 hours every week (averaged over 4 weeks).
• Your employer must pay you for every hour that your work, they cannot ask you to do extra work for free.
• If you have worked 3 or more seasons, they must pay you 10% more than the minimum wage.
• Your employer must explain clearly how your pay works (hourly rate, piece rate, mixed or differing piece rates depending on the task and circumstances).

Holiday pay

• You must get 8% holiday pay.
• This can be paid every week or at the end of your job.
• Tax must be taken out correctly.

Sick leave

• You get 2 sick days from your first day of work.
• You get 2 more days every month, up to 10 days after 4 months.

Tax

Your employer must:

• use the NSW tax code
• take tax out correctly
• show this clearly on your payslip.

Deductions

Your employer must:

• explain any money they want to take out of your pay (for example: travel, accommodation, medical insurance)
• get your written approval
• change or stop a deduction at any time, if you have asked for this in writing (your employer must do this as soon as possible or within 2 weeks of receiving the request).

Agreeing to voluntary pay deductions when you work on an RSE visa

Medical insurance

• Your employer must arrange your medical insurance and tell you what it covers. For example, doctors visits, medicine, emergency dental, hospital visits.

Accommodation

Your employer must provide safe, approved accommodation.

Providing pastoral care and accommodation for RSE workers

Transport

• Your employer must provide free transport to and from work.
• You may need to pay for transport for personal use (for example going to the supermarket or to Church).

Pastoral care

Your employer must help you access:

• health services
• shops
• church
• sports
• community support.

Visa rules

• Your employer must make sure you follow RSE visa conditions.
• You can only work for the employer on your visa.
• You cannot apply for another New Zealand visa while you are in New Zealand.

Joining a union

Your employer must let you join or contact a union if you want to.

You can find more information about joining a union on the Employment New Zealand website.

Union membership — Employment New Zealand

Help with problems

• Your employer must listen to your concerns.
• They must also let you contact the Labour Inspectorate or groups like Citizens Advice Bureau.

Money for retirement (superannuation)

Your employer must support you to make payments to:

• the Seasonal Worker Superannuation Administration System (SWSAS), or
• your home country’s National Provident Fund (NPF).

Sending money home

• Your employer must help explain how to send money home and what the fees are.

Work-related injuries

• If you have an accident, you can apply through your doctor for financial help from the Accident Compensation Corporation (ACC).
• It is very important to let your employer know as soon as you injure yourself or ACC might not cover you.

You can find more information about your rights as an RSE worker in our 'Get ready pack' for RSE workers.

Get ready pack — Information for RSE workers — English language version (pdf, 3.1 MB)

Minimum employment rights

Your employer must also meet the minimum rights for all New Zealand workers when employing you. You can find out more about minimum employment rights on the Employment New Zealand website.

Employee rights and responsibilities — Employment New Zealand

They also provide this information in other languages.

Minimum rights of employees — language translations — Employment New Zealand

If you feel you are being treated unfairly

If you think that you are not being treated fairly you can find out how to get help on our 'Your rights as a worker from overseas' page.

Your rights as a worker from overseas

You can also contact your Country Liaison Officer (CLO) or your Country's High Commission Office in New Zealand.

Embassies — Ministry of Foreign Affairs & Trade