HiveDesk

Labor Law Compliance Guide for New Zealand

New Zealand Labor Law Guide for Hiring Employees and Contractors

In 2023, New Zealand’s economy continued to grow steadily, with a GDP of approximately USD 240 billion. The country’s economy is diverse, with key sectors including agriculture, manufacturing, tourism, and services, particularly finance and technology. The country’s currency is the New Zealand Dollar (NZD).

New Zealand

Minimum Wage

NZD 23.15 per hour

Overtime Wage

1.5 times the regular hourly rate

Meal Breaks

30 minutes

Rest Breaks

Two 10-minute breaks

Working hours

8 hours per day, 40 hours per week

Salary Payment Cycle

Weekly, bi-weekly, or monthly

Payroll Taxes

Pay As You Earn (PAYE) tax, KiwiSaver, ACC levy

Paid Vacation

20 days

Overtime Hours

Beyond 40 hours per week

Night Shift Hours

1.25 to 1.5 times the regular hourly rate, depending on the industry

Holidays

11 days

No Work Days

Typically Saturday and Sunday

Hiring Laws

Businesses looking to hire employees in New Zealand must be registered locally and obtain a New Zealand Business Number (NZBN). The cost of setting up a business entity can vary depending on the structure, typically ranging from NZD 150 to NZD 1,500, with the process taking approximately 1 to 3 weeks.

Accordion Content

Employers are required to provide a written employment agreement to all employees, which should outline job responsibilities, salary, working hours, benefits, and conditions for termination. The agreement must comply with the Employment Relations Act 2000 and include clauses such as the duration of employment, dispute resolution, and confidentiality where applicable.

In New Zealand, labor laws clearly differentiate between employees and independent contractors. Employees are entitled to specific rights and benefits under the law, while contractors operate under different terms, often without the same entitlements, making it crucial to define the working relationship in the contract.

Minimum Wage

New Zealand enforces a national minimum wage, which as of 2024 is NZD 23.15 per hour. This rate applies to all full-time, part-time, and casual employees. However, certain groups, such as trainees or young workers (aged 16-19 years) under the “Starting-Out” wage scheme, may receive a lower minimum wage.

Accordion Content

There are no regional variations in the minimum wage, so the rate is consistent across the country. Employers are also required to pay employees extra for working on public holidays, typically at a rate of 1.5 times the regular pay, plus a day off in lieu.

Working Hours

Standard working hours in New Zealand are 8 hours per day and 40 hours per week. Any hours worked beyond this threshold are considered overtime and must be compensated at 1.5 times the regular hourly rate.

Accordion Content

Night shifts usually attract a higher pay rate, ranging from 1.25 to 1.5 times the regular hourly rate, depending on industry agreements. The minimum age for employment is 16 years, and New Zealand has strict laws against child labor, ensuring that young workers are protected.

Payroll and Taxes

Employers in New Zealand are required to deduct Pay As You Earn (PAYE) tax from employees’ salaries, which is the income tax paid on wages. In addition, employers must contribute to the KiwiSaver retirement savings scheme if the employee is a member and pay the Accident Compensation Corporation (ACC) levy, which funds workplace injury insurance.

Accordion Content

New Zealand’s income tax system is progressive, with tax rates for 2024 as follows:

Income Level (NZD)

Tax Rate

Up to 14,000

10.5%

14,001 – 48,000

17.5%

48,001 – 70,000

30%

70,001 – 180,000

33%

Over 180,000

39%

Employers must ensure these deductions are accurately calculated and remitted to the Inland Revenue Department (IRD).

Statutory Leave Policies

Employees in New Zealand are entitled to a variety of leave types, including annual leave, sick leave, and parental leave. Full-time employees are entitled to 20 days of paid annual leave after one year of continuous employment.

Accordion Content

Parental leave is available to eligible employees, allowing up to 26 weeks of paid leave for primary caregivers and an additional 26 weeks of unpaid leave. Sick leave provides a minimum of 10 days per year, which can be accumulated up to a maximum of 20 days.

Public holidays are also mandated by law, with the following table listing the public holidays for 2024:

Holiday Name

Date

New Year’s Day

January 1

Day After New Year’s Day

January 2

Waitangi Day

February 6

Good Friday

March 29

Easter Monday

April 1

ANZAC Day

April 25

Queen’s Birthday

June 3

Labour Day

October 28

Christmas Day

December 25

Boxing Day

December 26

Matariki (Māori New Year)

June 28

 

Employee Benefits

Employers in New Zealand must provide various benefits to their employees, including contributions to the KiwiSaver retirement savings scheme and paying the ACC levy for workplace injury insurance. Healthcare benefits are provided through New Zealand’s public healthcare system, which is funded through taxes and the ACC.

Accordion Content

Employers may also provide additional benefits such as annual bonuses, health insurance, and other incentives as part of individual or collective employment agreements.

Employee Termination

New Zealand does not follow “At-Will Employment” laws. Employment termination must comply with the Employment Relations Act 2000, which requires that employers have a valid reason for dismissal and follow a fair process. Reasons for termination can include misconduct, redundancy, or poor performance.

Accordion Content

The notice period for termination generally ranges from one to four weeks, depending on the employment agreement. In cases of redundancy, employees may be entitled to redundancy pay if stipulated in their employment contract.

Employees who believe they have been unjustly dismissed can challenge the termination through the Employment Relations Authority, which can order reinstatement, compensation, or other remedies. Legal grounds for termination include gross misconduct, consistent underperformance after warnings, and operational requirements leading to redundancy.

Stay compliant with labor laws by tracking time, attendance, time-off, and schedule with HiveDesk

Exit mobile version