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Seasonal employees

Employment Contracts

8 May 2025 (Last updated 3 Dec 2025)

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With the New Zealand labour market facing workforce shortages, employers are looking to alternative pathways and options to recruit workers. Many employers are seeking seasonal workers from abroad to perform work for a particular season such as the harvesting season.

In this best practice guide for employers, seasonal employment and Recognized Seasonal Employers are explained.

Seasonal employment

Seasonal employment is fixed-term in nature, where the employment relationship ends after a specified date, or when a certain event occurs.

These agreements are common in industries with a high demand for work during peak seasons, for example fruit picking, fishing, or retail during the holiday season. Seasonal employees are convenient for these scenarios where hiring permanent staff is unnecessary and costly, as there is only a demand for work for a specific period.

Due to the cyclical nature of seasonal work, it is common for the same employees to be re-hired at the start of each season. After the end of the season, the employment contract ends. If an employee is re-hired each season, this is not considered to be continuous employment, and each new season marks a new start of the employment period

Seasonal employee agreements and entitlements

A seasonal employment contract is a fixed-term contract, where an employee is asked to work for a specified period of time. There is usually no need for either party to give notice when employment is terminated.

In terms of the Employment Relations Act 2000, any fixed term agreement must be based on a genuine business reason that justifies why the agreement is for a limited duration only. Authentic seasonal work (eg harvesting or calving season) would be considered a genuine business reason.

In addition to the usual entitlements, fixed term agreements should clearly state when or how the employment agreement will end and why the employee is being hired for seasonal employment

Although seasonal employment is temporary, seasonal workers are entitled to the same minimum entitlements as permanent employees. For example, they must be paid at least the minimum adult working wage and be provided with the minimum rest and meal breaks.

In cases of fixed term employment of less than a year, which is common in seasonal work, upon written agreement, the employer may pay the employee’s annual leave on a pay-as-you-go basis at a rate of 8% of the employee’s gross earnings with and on top of their regular pay.

Recognised seasonal employers

The horticulture and viticulture industries are important to New Zealand, and they often suffer from a shortage of local workers.

The Recognised Seasonal Employer (RSE) Work Policy is a policy that facilitates the temporary entry of additional workers from overseas to plant, maintain, harvest and pack crops in the horticulture and viticulture industries to meet these labour shortages.

To employ RSE workers from overseas, the employer must be registered as a Recognised Seasonal Employer and would need to apply for an Agreement to Recruit (ATR). Further guidance on this process should be obtained from a licenced immigration advisor or Immigration New Zealand.

RSE employees rate of pay

RSE employees have additional minimum entitlements and conditions of employment. Employers must pay their RSE workers:

  • Who are in their first and second season of work, at least the adult minimum wage rate
  • Who are in their third (or subsequent) season, the minimum wage rate plus 10%.

RSE employees hours of work

RSE workers employed for 6 weeks, or more are entitled to work a minimum of 30 hours per week. However, these hours can be averaged out over a 4-week period. In other words, the employer must provide or pay for 120 hours of work over a 4-week period. If an employer cannot provide the said 120 hours of work, then they will need to top up their RSE workers’ pay to meet this amount.  

RSE workers minimum Hours of work and piece rates

If the employment agreement states that the employee will be paid by piece rate, the employer must pay the greater of either what the employee would have earned calculated using the piece rate or at least the minimum weekly wage of 120 hours over a 4-week period

RSE workers minimum remuneration requirements in employment agreements

If the length of employment is 6 weeks or more, then the employee must be paid their pay rate for minimum of 30 hours per week. This can also be averaged over a 4-week period of 120 hours to cover for any fluctuations.

If the length of employment is less than 6 weeks, then the employee must be paid their pay rate for a minimum of 40 hours per week over the period of work offered in the agreement. This is regardless of the actual availability of work.

Paid sick leave entitlements for RSE workers

The RSE worker is entitled to 2 days 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 sick leave on their 4-month anniversary. The sick leave entitlement must be recorded in the employment agreement.

How is the sick leave entitlement paid to RSE workers?

Payment for sick leave should be an amount that is equivalent to the RSE worker’s 'relevant daily pay' or 'average daily pay' (if applicable).

Employers are not required to pay out any balance of the sick leave entitlement to an eligible RSE worker when employment ends.

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Peninsula has worked with thousands of businesses and employers in New Zealand, helping them in matters of HR and health and safety. No more relying on internet advice, instead get access to customised advice that is tailored to your business and industry. Our experts provide end-to-end resources for your HR and health and safety needs. For advice on seasonal employees and agreements in the workplace, contact Peninsula.

This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

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