What are my legal rights at work? (e.g., annual leave, sick leave, dismissal protection)

Hi there! I'm happy to share some common-sense insights into your basic employment rights in New Zealand, from the perspective of someone who's been there. If you've just arrived, understanding these rights is truly vital. It will empower you in your work and help you avoid being taken advantage of.

First and foremost: Your Employment Agreement

This is practically the "bible" of your employment, and all your rights and obligations stem from it.

• Must be in writing: The law requires your employer to provide you with a written employment agreement. Oral promises like, "Come in tomorrow, salary XXX" are not compliant.
• Read carefully before signing: The agreement will clearly state your position, responsibilities, work location, hours, salary, leave entitlements, and more. If there's anything you don't understand, be sure to ask for clarification or have a friend who understands look it over for you. Never sign without fully comprehending it.
• You must have a copy: Once signed, your employer must give you a copy. Keep it safe.

## Core Rights at a Glance

Let's break down some of the most commonly asked-about rights.

1. Wages

• Minimum wage guarantee: The New Zealand government sets a minimum wage standard annually. Your pre-tax salary absolutely cannot be lower than this standard (unless you are an "intern" or "trainee" under a specific, lower minimum wage). This is a legal baseline; bargaining with your employer won't change it.
• Payslip: Every time you get paid, your employer must provide you with a payslip that clearly itemises your gross pay, deductions for PAYE (income tax), KiwiSaver (retirement savings scheme), ACC (accident compensation), etc. This ensures you know exactly where your money is going.

2. Hours of Work & Breaks

You're not a robot; the law ensures you have the right to rest.

• Paid rest breaks: Generally, for an 8-hour workday, you are entitled to at least two 10-15 minute paid rest breaks. This means that if you grab a coffee or check your phone, your employer still has to pay you for those 10 minutes.
• Unpaid meal break: For an 8-hour workday, you typically also get at least a 30-minute unpaid meal break (for lunch or dinner).
• Specific timings: How your breaks are arranged should be outlined in your employment agreement.

3. Leave Entitlements

This is what most people are concerned about, as it directly reflects benefits.

• Annual Leave:

  • 4 weeks per year: As long as you have worked for the same employer for 12 months, you are entitled to 4 weeks of paid annual leave. This is the absolute minimum standard, non-negotiable.
  • How to take it: You can discuss and agree on leave dates with your employer. Your employer cannot unreasonably refuse your leave request.
  • Paid out upon termination: If you leave your job with untaken annual leave, your employer must pay you for those accumulated days.

• Sick and Bereavement Leave:

  • 10 days sick leave per year: After 6 months of employment, you automatically accrue 10 days of paid sick leave per year. This leave can be used not only when you are sick but also to care for a sick partner, child, or other family member who needs your care.
  • Can accumulate: If you don't use all your sick leave in a year, it can be carried over to the next year, up to a maximum accumulation of 20 days.
  • Medical certificate: If you are absent for 3 consecutive days or more due to sickness, your employer has the right to request a medical certificate.
  • Bereavement leave: If a close family member (e.g., spouse, parent, child, sibling) passes away, you are typically entitled to 3 days of bereavement leave. For other relatives, it's usually 1 day.

• Public Holidays:

  • New Zealand has 11-12 national public holidays each year (e.g., Christmas Day, Easter, King's Birthday).
  • If it falls on your normal working day: You get a paid day off.
  • If you are required to work on a public holiday: Congratulations! Your employer must pay you 1.5 times your ordinary rate, AND you must also be given a day in lieu (an alternative paid holiday). This is a very good benefit.

4. Dismissal Protection

This is an important safeguard to prevent your employer from firing you "at will."

• Can't just be fired: In New Zealand, your employer cannot simply dismiss you because they don't like you or are in a bad mood. Any dismissal must be based on substantive reasons and follow a fair process.

  • Substantive reasons: For example, serious misconduct, theft of company property, or continued poor performance despite multiple warnings.
  • Fair process: Before deciding to dismiss you, your employer must:
    1. Investigate the issue.
    2. Inform you that they are considering dismissal and the specific reasons.
    3. Give you an opportunity to explain and present your case.
    4. Allow you to bring a support person (e.g., friend, family member, union representative) to meetings. If this process isn't followed and you're directly dismissed, it's considered procedurally unfair, and you can challenge it.

• Trial Period:

  • Beware! This is a common "trap." A trial period can be up to 90 days, and it must be clearly stated in writing in your employment agreement.
  • Legal requirement: Only small businesses with 19 or fewer employees can use a "trial period" clause.
  • During a legitimate trial period, an employer can indeed dismiss you if they feel you are not suitable, and significant reasons don't need to be given. However, even then, the dismissal cannot be based on discrimination (e.g., your race, gender, nationality, etc.).
  • If your company has more than 19 employees, a "trial period" in your contract is invalid.

• Personal Grievance (PG):

  • If you believe you've been unfairly dismissed, discriminated against, or harassed, you can raise a "personal grievance" within 90 days of the incident. This is a formal legal process that can help you seek redress, with common resolutions being mediation or compensation.

5. Health and Safety at Work

• Your employer has a legal obligation to ensure your work environment is safe, both physically and psychologically.
• Physical safety: Providing necessary safety equipment (e.g., hard hats, gloves) and safety training.
• Psychological safety: Preventing and addressing workplace bullying and harassment. If you are bullied at work, this is also something you can complain about.

What should I do if my rights are violated?

Don't panic, and don't suffer in silence. New Zealand has well-established channels for assistance:

1. Talk to your employer first: For minor issues, try to communicate amicably with your manager or employer first. Many misunderstandings can be resolved directly.
2. Contact official agencies: If communication fails, you can contact Employment New Zealand (part of MBIE). They are a government agency that provides free advice and mediation services, informing you of your rights and guiding you on next steps. Their website is very comprehensive, with information available in Chinese as well.
3. Community Legal Aid: You can visit a Citizens Advice Bureau (CAB) or a Community Law Centre, which offer free legal advice to the community.
4. Join a Union: If there's a union in your industry, joining it can be a great option. Unions are organisations specifically in place to support employees.

I hope this information helps you! Remember, understanding your legal rights is the first step to working confidently in New Zealand. I wish you all the best in your work!