Businesses across New Zealand, have a legal responsibility to uphold minimum entitlements, employment standards and to provide a healthy and safe workplace.
Every full-time, part-time, fixed-term, and casual employee has the right to minimum employment entitlements. These standards are enforceable by law and designed to make workplaces safer and employees to be treated fairly.
An employer cannot compel an employee to agree to less than the minimum standards or entitlements, but employers and employees can negotiate for better terms in an individual or collective agreement.
Law protecting employees
The law sets out minimum employment standards and minimum employee entitlements, namely:
The Employment Relations Act 2000 sets out minimum employment standards such as:
- The duty of good faith between parties to the employment relationship.
- The employee’s right to be treated fairly and in a reasonable manner
- Provisions related to employee hours of work.
- Employee’s right to join a union and freedom of association.
- Procedures and rules for collective bargaining.
- Flexible working provisions.
- The provision of written employment agreements and related rules to keeping of these records.
- The provision infant feeding facilities in the workplace and opportunities for this purpose.
- Employee rights to meal and break entitlements.
Additional minimum entitlements are set out under the:
- Holiday’s Act 2003.
- Minimum Wage Act 1983.
- Wages protection Act 1983.
- Parental Leave and Employment Protection Act 1987.
Minimum Health and Safety standards and procedures are set out in the Health and Safety Act Work Act 2015 and associated regulations.
Employers who do not comply with the minimum standards and entitlements may incur penalties and face personal grievance claims.
An employer cannot require an employee to sign an agreement that contradicts or offers less than the minimum entitlements. Even if an employee does not sign an employment agreement or agrees to less than the minimum standards, they are still entitled to their minimum employee rights under employment law.
What are the minimum entitlements?
The following are examples of minimum employee entitlements:
- Four (4) weeks of paid annual holiday per year.
- 12 public holidays per year.
- Up to 52 weeks of parental leave.
- 10 days of paid sick leave per year after the first 6 months of employment.
- After the first 6 months of employment, 3 days’ paid bereavement leave for certain family members, 1 day for non-family members.
- Relevant minimum wage paid.
- Unpaid leave while on jury duty.
- Eequal pay and equal rights.
These are just some minimum rights and obligations employers and employees must abide by.
Every employment agreement differs depending on the industry, job title, and the organisation itself. But the entitlements can never be less than the minimum standard or entitlement conferred by legislation.
Employee responsibilities
Employees also have responsibilities at work. They must:
- Be at work and willing to work during the days and hours and at the times that are agreed to in the employment agreement.
- Only be away from work for a valid reason. For example, if they are sick, bereaved or have agreed with the employer in advance to have time off.
- Follow all health and safety policies and procedures at work.
- Eexercise reasonable care.
- Exercise reasonable behaviour.
- Obey all reasonable instructions of the employer.
- Act in good faith in respect of their dealings with the employer.
Negotiating employment rights
The employee rights are the minimum employers are legally required to provide, and are applicable to all employees, including those on a casual employment contract. It is not uncommon for employers to offer greater entitlements than what they are expected to give. This is usually an incentive to keep workers happy, be more productive, and be less likely to leave for another company.
Employees also have the right to negotiate the terms and conditions of their employment agreement. This can be done as an individual or collective group that can bargain on terms such as better pay rates, more annual leave, flexible working arrangements, and much more.
Negotiations can be complex, and it is important to take the right approach. Before jumping into a negotiation session, it is recommended to get professional advice from a workplace relations specialist.
For expert advice on minimum entitlements in the workplace, contact the Peninsula team.