employing children and young people

If you're considering employing a child or young person in your business you need to be aware of the rules applying specifically to young workers, as well as the general rights and responsibilities that apply to all employees.

Employment Rights

Every employee has the same rights under the Employment Relations Act and the Holidays Act, regardless of their age. Every employee is entitled to:

• a written employment agreement
• four weeks paid annual holiday after 12 months employment *
• 11 paid public holidays if they are days when they would normally work *
• after six months employment, five days sick leave a year, which can accumulate to a maximum of 20 days *
• after six months employment, three days bereavement leave on the death of an immediate family member, and one day ofleave where the employer recognises they have suffered a bereavement *
• the choice to join or not to join a union
• help in resolving employment relationship problems, through mediation or through the Labour Inspectorate
• any applicable minimum wage (see below for rates)
• rights to health & safety in employment
• paid parental leave
• rights to undertake voluntary military service
• protection against discrimination at work
• protection against sexual harassment at work

* Please note that the list above is up to date with the Holidays Act 2003, which came into effect on 1 April 2004.

Minimum Wage

There is a minimum wage for all employees aged 16 or over. There is no minimum wage for employees under 16.

From 1 April 2008, the minimum wage for new entrants aged 16 and 17 will be $9.60 an hour before tax.

Health and Safety

Every employee has the same basic rights under the Health and Safety in Employment Act. There are additional protections for employees under 15. This includes trainees and those gaining work experience.

As an employer you must take all practicable steps to ensure that no employee under 15 works in any area in your workplace at any time while —

• Goods are being prepared or manufactured for trade or sale;
• Construction work is being performed;
• Logging or tree-felling is being performed; or
• Any work is being performed in that area that is likely to cause harm to the health and safety of a person under 15 years old.

These restrictions also apply to people under 15 visiting the workplace. They don't apply to any areas if the employee works at all times in an office in that area, or in any part of that area used only for selling goods or services. They don't apply to visitors who are under direct adult supervision, on a guided tour or who are in areas accessible to the public.

• No-one under 15 can drive or ride on a tractor, implement or mobile plant.
• No-one under 15 can operate machinery
• No-one under 15 can lift heavy loads or do any other work that is likely to harm them
• No-one under 16 can work after 10.00 pm or before 6.00 am .

There is an exemption for agricultural work, where the young person:

• is not an employee
• has been, or is being, trained in the safe use of a tractor or any implement that is attached to or drawn by the tractor

Work and Education

You can't employ anyone under 16 during school hours, or at any other time which prevents or interferes with their attendance at school.

Restricted Employment

You can’t employ anyone under 18 to work in any restricted area of licensed premises. Some exemptions apply for specific types of work, such as cleaning, serving meals and stocktaking.

You can't employ anyone under 18 to work as a prostitute.

This information is a guide only and may not be accurate for all situations. It should not be used as a substitute for legal or other expert advice. If you are considering employing a child or young person, you can get more detailed information from: