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 of leave for a bereavement outside of their immediate family, if you recognise that 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
• rest and meal breaks
• rights to health and safety in employment
• paid parental leave
• appropriate breaks and facilities if they wish to breastfeed or express breast milk at work or during work time, where it is reasonable and practicable to provide those breaks and facilities in the circumstances
• rights to undertake voluntary military service
• protection against discrimination at work
• protection against sexual harassment at work.

Minimum Wage

There are three minimum wage rates:

• the adult minimum wage applies to all employees aged 16 and over who are not new entrants or trainees
  
• the new entrants minimum wage applies to employees aged 16 and 17 except for those who have completed 200 hours or three months of employment, whichever is shorter; or who are supervising or training other workers; or who are trainees
  
• the training minimum wage applies to employees aged 16 and over who are doing recognised industry training involving at least 60 credits a year.

For the current minimum wage rates, see our fact sheet on Minimum Pay (http://www.ers.dol.govt.nz/pay/minimum.html).  For more information about new entrants, see our fact sheet Information for Employers – New Entrants and the Minimum Wage (http://ers.govt.nz/factsheets/new-entrants-minimum-wage-employers.html).

There is no minimum wage for employees under 16 years old.

Trial periods

If you employ 19 or fewer employees and wish to hire a new employee on a trial period, the trial period must be included in the new employee’s employment agreement.

You and your employee must both bargain in a fair way about a proposed trial period. This includes you considering and responding to any issues raised by the new employee. You cannot employ someone on a trial period if you have employed them in the past.
If you have concerns about the performance of an employee on a trial period, then you should raise them with your employee.

If an employment relationship problem arises during the trial period or in relation to an employee’s dismissal during or at the end of the trial period, you and your employee can access mediation services.

While your employee cannot pursue a personal grievance for unjustified dismissal if they are dismissed during the trial period, personal grievances may still be pursued on other grounds, such as discrimination or harassment.

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 years old, and for contractors under 15 years old from 1 April 2009. This includes trainees and those gaining work experience.

Where young people cannot work

As an employer or principal engaging contractors you must take all practicable steps to ensure that no-one aged 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 aged under 15 visiting the workplace. They don't apply if the young person is present or working 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.

What young people cannot do

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

There is an exemption for tractors used in agricultural work, where the person is aged over the age of 12 years and:

• 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 aged 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 aged 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 aged under 18 to work as a prostitute.