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, and one day of leave for a bereavement outside of your immediate family, if 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.
• You have a right to minimum rest breaks and meal breaks.
• You have the right to health and safety at work.
• You have the right to paid parental leave.
• You have the right to appropriate breaks and facilities if you wish to breastfeed or express breast milk at work or during work time, where it is reasonable and practicable for your employer to provide those facilities and breaks in the circumstances.
• 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 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 Employees – New Entrants and the Minimum Wage (http://ers.govt.nz/factsheets/new-entrants-minimum-wage-employees.html).

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

Trial periods

Your employer may offer to initially employ you on a trial period of up to 90 days. Your employer can only offer you a trial period if they employ 19 or fewer employees at the beginning of the day your employment agreement is entered into, and you have not been previously employed by that employer. If you agree to a trial period, the trial period must be included in your employment agreement.

During the trial period your employer may give you notice of dismissal. If you are given notice of dismissal before the end of a trial period, you cannot raise a personal grievance on the grounds of unjustified dismissal. You may, however, raise a personal grievance on other grounds, such as discrimination or harassment or unjustified action by the employer that disadvantaged you.

If you are employed on a trial period and during that period your employer gives you notice of dismissal, then you and your employer can access mediation services to help resolve any problems arising from the dismissal.

Employees on trial periods also have access to all other minimum employment rights in relation to, for example, health and safety, employment agreements, minimum pay, annual holidays, public holidays, leave and equal pay.

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 years old, including if you are a trainee or gaining work experience.  The extra rules also apply to contractors aged under 15 from 1 April 2009.

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

Some young people can use tractors over the age of 12 years as a special case, but only for agricultural work and if you’re fully trained or being trained. This exemption does not apply if you’re an employee.

Work and education

While you're aged 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 years old 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 years old you can't work as a prostitute.