being a young employee

Started your first job? Then good luck, and keep safe.
It's a good time to learn, or to remember from school, that there are laws to help you stay safe and look after yourself on the job.

Employment rights

Everyone has the same basic rights at work, regardless of their age. These include:

• Your employer has to give you a written employment agreement
• You are allowed four weeks paid annual holidays after 12 months employment
• You are allowed 11 paid public holidays if they are days when you would normally work
• You are allowed five days paid sick leave a year after six months in the job. If you do not use your leave, it is carried over to the next year - up to a maximum of 20 days
• You are allowed three days bereavement leave on the death of an immediate family member, or one day of leave where your employer recognises that you have suffered a bereavement (entitled after six months in the job)
• You can choose for yourself whether to join or not to join a union
• You can get help to sort out problems at work, through mediation or through the Labour Inspectorate
• You are entitled to be paid at least the applicable minimum wage (see below for rates)
• You have the right to health and safety at work
• You have the right to paid parental leave
• You have the right to undertake voluntary military service
• You should be protected from discrimination at work
• You should be protected from sexual harassment at work

Minimum wage

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

The minimum wage for new entrants age 16 and 17 is $9.60 an hour before tax as of 1 April 2008.

The minimum wage for employees age 16 years and over rose to $12.00 an hour before tax on 1 April 2008, except for new entrants and employees subject to the minimum training wage.

Changes to the minimum wage came into effect on 1 April 2008. There is no longer a youth minimum wage. Instead there is a minimum wage for new entrants that applies to some employees aged 16 or 17. Clink the link to find out if you are a new entrant. For more information about new entrants visit www.ers.govt.nz/pay/newentrant.html

If you're not getting paid at least the minimum wage, let your employer know, or contact the Department of Labour via our website www.dol.govt.nz or freephone 0800 20 90 20.

Health and safety

Everyone has the same basic right, under the Health and Safety in Employment Act 1992, to a safe and healthy work environment. There are extra rules for employees under 15, including if you are a trainee or gaining work experience.

If you're under 15, you can't work where:

• Goods are being prepared or manufactured for trade or sale
• Any construction work is being done
• Any logging or tree-felling is being done; or
• Any other work is being done in that area that is likely to harm you.

These rules also apply if you're visiting a workplace when you're under 15. They don't apply if all your work is done in an office, or in an area used only for selling goods or services. They don't apply to visitors under direct adult supervision, on a guided tour or who are in areas accessible to the public.

What can't you do?

• If you're under 15 you can't drive or ride on a tractor, implement or mobile plant.
• If you're under 15 you can't operate machinery
• If you're under 15 you can't lift heavy loads
• If you're under 16 you can't work after 10.00 pm or before 6.00 am.

Work and education

When you're under 16 you're legally required to be at school. This means you can't take a job that involves working during school hours, or at any other time which prevents or interferes with your school attendance. There's no problem with working during the school holidays, or at weekends.

Restricted employment

If you’re under 18 you can’t work in any restricted area of licensed premises (like bars, licensed restaurants or clubs). Some exemptions apply for specific types of work, such as cleaning, serving meals and stocktaking.
If you're under 18 you can't work as a prostitute.

Further information

This fact sheet is a guide only and may not be accurate for all situations. It shouldn't use it as a substitute for legal or other expert advice. For more information about your rights at work contact the Department of Labour via our website www.ers.dol.govt.nz, or call our freephone during normal working hours 0800 20 90 20.