As we now head towards the end of the year and the coming Christmas rush, it can be easy to miss something in your new staff members’ contracts. To ensure your employees are treated fairly and according to the law, follow these key rules.
All employees must have a signed employment agreement before they start work.
- Give new employees time (three to five days) to read, understand, and ask questions before they sign the contract.
- The contract must include certain clauses. This includes the type of employment (fixed-term, casual, or permanent). It also must include a clause on duties, pay, and other benefits, the place and hours of work, how problems can be resolved, etc.
All employees have minimum rights that are set out in law, including:
- Minimum wage. Employees must be paid at least the minimum wage. The current adult minimum rate is $21.20 per hour (https://www.employment.govt.nz/hours-and-wages/pay/minimum-wage/minimum-wage-rates/).
- Public holidays. Unless written in the contract, employees don’t have to work on public holidays. If an employee works on a public holiday, they must be paid time and a half, plus if it’s a normal workday for them, they also get an alternative day off (day in lieu).
- Health and safety: Employers must provide appropriate training and information for workers so that they can work safely.
Employee work hours must follow the legal rules.
- Work activities paid for by the employer also include before and/or after-hours tasks, such as team meetings, opening and closing the business, cleaning and tidying up, on-the-job training, and product familiarisation.
- It is illegal for employers to offer employees zero work hours, and expect employees to be available without reasonable compensation.
- Work hours must include proper rest and meal breaks. For example, if an employee works an eight-hour shift, they should receive two paid rest breaks and one unpaid meal break.
Need help getting it right?
Talk to us if you’re in doubt. We’ll put you in touch with Sharon McDonald of MIRCAM who is our Senior Employment Consultant and Human Resources advisor.
Sharon has been working in the HR industry for over 18 years and can help you if you have any questions about your contractors’ status and also can walk you through some of the basic considerations and recommend further assistance if required.
Located at our Whanganui office, Sharon can be contacted via phone 06 348 0090 or email sharon@mircam.co.nz