Incorporated Terms

Apart from the Employment Relations Act 2000, there are a number of other important statutes (Acts of Parliament) which have an impact on an employee’s entitlements. Together, the rights and entitlements derived from this body of employment legislation create what is known as “the minimum code of employment.” The effect of the minimum code is that no employment agreement can specify less than the minimum entitlements set down in the relevant legislation.

An overview of the main legislation governing the employment relationship follows.  For more detail on the relevant Acts see Employment Legislation.

Accident Compensation Act 2001
  • Includes provisions for employees who are off work as result of work or non-work accidents.

Criminal Records (Clean Slate) Act 2004
 
  • Imposes limitations on what an employer can ask a job applicant to disclose about their past criminal convictions. Essentially a prospective employee cannot be required to disclose any criminal conviction (except a jail sentence) if it occurred more than 7 years ago. It is also an offence under this Act to require or request an individual to disregard the clean slate legislation.

Education and Training Act 2020
 
  • Replaces the Education Act 1964 and Education Act 1989, and incorporates two Amendment Acts, the Education (Vocational Education and Training Reform) Amendment Act 2020 and the Education (Pastoral Care) Amendment Act 2019. The Education (Vocational Education and Training Reform) Amendment Act 2020 replaced the former Industry Training and Apprenticeships Act 1992. 

  • The purpose of the Act is to establish and regulate an education system that provides students with the skills, knowledge, and capabilities that they need to fully participate in the labour market, society, and their communities; supports their health, safety, and well-being; assures the quality of the education provided and the institutions and educators that provide and support it; and honours Te Tiriti o Waitangi and supports Māori-Crown relationships.

Employment Relations Act 2000
 
  • Provides rules and procedures governing the formation and renewal of all employment agreements (individual and collective) covering all wage and salary earners. It also contains rules and procedures for upholding and enforcing the respective employment rights of employers, employees and unions.

Equal Pay Act 1972
 
  • Includes provisions to ensure equal pay for equal work, irrespective of gender.
  • Provides a process for raising pay equity claims.

Family Violence Provisions
  • Employees affected by family violence, may request flexible working arrangements for up to 2 months (under the Employment Relations Act); and are entitled to up to 10 days family violence leave per year (under the Holidays Act).

Health and Safety at Work Act 2015
 
  • Provides for minimum standards of health, safety and welfare in all work places. It defines hazards as including stress and fatigue. The employer must have systems for employee involvement and representation in safety management.

Holidays Act 2003
 
  • Provides for four weeks annual holidays, up to 12 public holidays, 10 days sick leave per annum and up to 3 days bereavement leave per occasion.

Human Rights Act 2020
 

Prohibits discrimination in employment matters on the basis of:

  • Sex (i.e. gender of the employee)
  • Marital status (i.e. whether married or un-married, in a civil union etc.)
  • Religious belief (i.e. adherence to a religion)
  • Ethical belief (i.e. whether agnostic or atheist)
  • Colour
  • Race
  • Ethnic origin
  • National origin
  • Age
  • Disability (physical or intellectual)
  • Political opinion (including lack of any particular political opinion)
  • Employment status (being unemployed or the recipient of a benefit)
  • Family status (whether related to or married to a particular person, responsibility for the care of children etc.)
  • Sexual orientation (whether heterosexual, homosexual, lesbian or bisexual)

KiwiSaver Act 2006
 
  • Sets out the rights and obligations of employers and employees in respect of the Government-initiated voluntary savings scheme.  Employers deduct money from the earnings of participating employees as retirement savings and make employer contributions to those savings. 

Minimum Wage Act 1983
 
  • Sets the minimum legal rate of payment. 
  • The minimum Wage is reviewed annually by the Minister of Labour who makes recommendations to the Cabinet on any proposed adjustment. If Cabinet agrees to any change, the new minimum wage is published as a Minimum Wage Order.
  • For the current rates view more.

Parental Leave and Employment Protection Act 1987
 

This legislation creates a right for both male and female employees who become parents to certain unpaid leave entitlements as set out below.

  • Primary Carer Leave around the time of birth or adoption for up to 26 weeks for qualifying employees. Leave may be commenced up to 6 weeks before the date of birth or adoption at the choice of the employer.
  • Special Leave (unpaid) for women of up to 10 days’ unpaid for pregnancy-related reasons such as antenatal classes, scans or midwife appointments.
  • Partner's Leave around the time of the birth or adoption of a child of up to two weeks available to the mother’s partner if the 12 months' service criterion is met (or one week if the 6 months' service criterion is met).
  • Extended Leave after the birth or adoption of a child, which is leave of up to 52 weeks which can be taken by either partner or shared between them. Note that the 52 weeks entitlement includes any Primary Carer leave and Partner's leave. This leave is only available to those parents who have qualified for leave on the basis of the hours test for the previous 12 months of employment with their employer (if the hours test is satisfied for the previous 6 months, extended leave of up to 26 weeks applies).
  • Negotiated Carer Leave.  Employees who will be the primary carer of the child and would meet the work time and hours criteria to receive parental leave payments, but can’t take primary carer leave (because they don’t meet the criteria for parental leave), can request their employer to give them negotiated carer leave.

Note: Eligible employees may claim up to 26 weeks of their parental leave entitlement as paid leave. The payment, which is funded by the taxpayer through Inland Revenue, can be taken by one parent or shared between two eligible partners.

Privacy Act 2020
 
  • Provides a framework for protecting an individual’s right to privacy of personal information, including the right of an individual to access their personal information and request a correction of any information the individual believes is inaccurate, while recognising that other rights and interests may at times also need to be taken into account;

  • Gives effect to internationally recognised privacy obligations and standards in relation to the privacy of personal information.

Protected Disclosures (Protection of Whistleblowers) Act 2022
 
  • Provisions to facilitate disclosure and investigation of serious wrongdoing by private and public sector organisations and to protect employees who make disclosures about such wrongdoings from unjustified disciplinary action and/or unjustified dismissal.

Smokefree Environments and Regulated Products Act 1990
 
  • Restrictions on smoking, vaping and use of e-cigarettes in the workplace, including in motor vehicles.

Wages Protection Act 1983
 
  • Wages/salary must be paid in legal tender; no unlawful deductions.

Volunteers Employment Protection Act 1973
 
  • Provisions for unpaid time off for army territorials, naval reserve etc.