Information for employees – New entrants and the minimum wage

Who is a new entrant?

A new entrant is an employee who:

• is 16 or 17 years of age, and
• has not completed three months or 200 hours of employment, whichever is the shorter, and
• is not supervising or training other workers, and
• is not subject to the training minimum wage.

The adult minimum wage applies to a 16 or 17 year old employee who is not subject to the training minimum wage, if they:

• have completed three months or 200 hours of employment, whichever is the shorter, or
• are supervising or training other workers.

For the current minimum wage rates, see our fact sheet on Minimum Pay, http://www.ers.dol.govt.nz/pay/minimum.html
There is no statutory minimum wage for employees under 16 years of age.

How do I know if I have completed three months or 200 hours of employment?

Any employment undertaken before your 16th birthday does not count towards the three months or 200 hours of employment.

The three months or 200 hours also includes employment undertaken with different employers. However, if you work for more than one employer during a month, then you will only have completed one month of employment. For example, if you worked for two employers in May 2009, then this only amounts to one month (not two months) of employment.

If you are uncertain about how many hours you have worked, ask your employer. You can also check your pay slips to see if you have worked 200 hours or more.

You can ask your employer to provide you with a written statement about the number of hours or the period over which you have worked. A sample statement is available on our website at http://www.ers.dol.govt.nz/pay/newentrant.html

“Supervising or training other workers”

You will not be a new entrant if you are supervising or training other workers. This means that, provided the training minimum wage does not apply to you, if you are 16 or 17 years of age and supervising or training other workers, you would be entitled to be paid at least the adult minimum wage rate, regardless of how long you have been employed or the number of hours you have worked.

There is no legal definition of “supervising or training other workers”. Who is considered to be a worker supervising or training other workers will depend on the facts of each individual situation.

In general, if an employee is 16 years of age or older and is overseeing the performance of another employee, or instructing another employee in the performance of their job it is likely he or she will fall within the category of supervising or training other workers. It is not necessary for an employee to have direct line management responsibility for other employees in order to qualify as an employee who is supervising or training other workers.

To fall within this category, the role of supervising or training would need to be a part of that person’s job, not a one-off event.

What is the training minimum wage?

The training minimum wage applies to people who are required by their employment agreements to undertake recognised industry training involving at least 60 credits a year. You will not be a new entrant if you are a trainee who is subject to the training minimum wage.

For the current minimum wage rates, see our fact sheet on Minimum Pay, http://www.ers.dol.govt.nz/pay/minimum.html

You and your employer may agree that you will be paid more than the minimum wage. But you cannot agree to be paid less than the relevant minimum wage.

An employee being paid less than the relevant minimum wage can contact a Labour Inspector, who may investigate and act to recover any money owed. Employees can also get help from the Department of Labour’s mediation services.

I’m having a problem at work - how do I get help?

Contact your union if you are a member, or call us free on 0800 20 90 20.