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Work & ages
Under 16 16 - 17 18+
AT ANY AGE
Can I be required to work in an unsafe workplace or in unsafe conditions?
No. Your employer has to eliminate any major hazard to workers wherever this is practicable. If there is a risk that you may be harmed by your work or the place where you work, your employer must see that you are properly supervised or trained in the safe use of the equipment and any material you are handling and that you know how to use the protective clothing and equipment. You must also be told about any special hazards. If you are unhappy you can complain to a health and safety inspector (phone 0800-20-90-20, www.workinfo.govt.nz).
(ss7 – 10, 12, 13 Health and Safety in Employment Act 1992)
Can I join a “Union” (i.e. an organisation for employees)?
You may join at any age if the rules of the union allow it. Under the Employment Relations Act 2000 membership of any employees’ organisation is voluntary. Unions are listed in the Yellow Pages.
(ss7-11 Employment Relations Act 2000)
When can I have an employment contract for my job?
You may have a written employment contract (now called an “employment agreement”) at any age. Your employer must make a written agreement and give you a copy if you ask. If you are given a written employment contract for a job make sure you read it very carefully. Check that it says what you and your employer have already agreed on hours of work, pay etc) and read all the “extra” clauses very carefully. Don’t be rushed into signing anything and get advice from your union, community law centre, lawyer or Employment Relations Infoline (0800-800-863) if there is anything you are not sure about.
If you have a collective employment agreement it must contain a coverage clause (about who’s included in it), a clause relating to sale or transfer of the business, a plain language dispute resolution procedure, a clause relating to how the contract can be varied (changed) and an end date for the agreement. Before the end of the agreement, your representative (such as a union delegate) and your employer will negotiate the new collective employment agreement. If you have an individual employment agreement it must contain your name and your employer’s name, a description of the work you are going to do, an indication of where you are going to work and an indication of what hours you are going to work.
Even if nothing is written down you would have an oral contract if both you and your employer have agreed on basic terms. Also there are some terms which are included in every employment contract even if they were not discussed between the employer and employee or written in the contract (e.g. paid holidays).
(s11 Holidays Act 1981; s54(1)(a), 65(1)(a) Employment Relations Act 2000)
Can I get help in negotiating my contract of employment
Yes. Employees may choose to have someone negotiate for them.
(ss18 & 236 Employment Relations Act 2000)
If I am dismissed does my employer have to give me reasons for my dismissal?
Yes. An employee who has been dismissed may request written reasons for his or her dismissal within 60 days of becoming aware of the dismissal. The employer must provide the statement within 14 days of receiving the request.
(s120 Employment Relations Act 2000)
Can I bring a personal grievance claim?
Yes. An employee of any age may bring a personal grievance action against an employer claiming that he or she has been treated unfairly or illegally. You could get compensation, have your employment agreement changed if a Court decides it was harsh or unfair, or you could be reinstated in your job if you were wrongfully dismissed. You need to raise the personal grievance with your employer within 90 days of the date when you found out about the unfair or illegal action. It is best to do this in a letter and keep a copy for your records.
(ss102, 103, 111, 113-115 Employment Relations Act 2000)
Can I be suspended if I am involved in a strike?
Yes. Your employment can be suspended if you are a party to a strike. Even if you are not on strike you may be suspended if work is not available due to a strike. During the time of suspension, you will not be entitled to payment by wages, salaries etc.
(ss87, 88 & 89 Employment Relations Act 2000)
AT ANY AGE
Can I be required to work in an unsafe workplace or in unsafe conditions?
No. Your employer has to eliminate any major hazard to workers wherever this is practicable. If there is a risk that you may be harmed by your work or the place where you work, your employer must see that you are properly supervised or trained in the safe use of the equipment and any material you are handling and that you know how to use the protective clothing and equipment. You must also be told about any special hazards. If you are unhappy you can complain to a health and safety inspector (phone 0800-20-90-20, www.workinfo.govt.nz).
(ss7 – 10, 12, 13 Health and Safety in Employment Act 1992)
Can I join a “Union” (i.e. an organisation for employees)?
You may join at any age if the rules of the union allow it. Under the Employment Relations Act 2000 membership of any employees’ organisation is voluntary. Unions are listed in the Yellow Pages.
(ss7-11 Employment Relations Act 2000)
When can I have an employment contract for my job?
You may have a written employment contract (now called an “employment agreement”) at any age. Your employer must make a written agreement and give you a copy if you ask. If you are given a written employment contract for a job make sure you read it very carefully. Check that it says what you and your employer have already agreed on hours of work, pay etc) and read all the “extra” clauses very carefully. Don’t be rushed into signing anything and get advice from your union, community law centre, lawyer or Employment Relations Infoline (0800-800-863) if there is anything you are not sure about.
If you have a collective employment agreement it must contain a coverage clause (about who’s included in it), a clause relating to sale or transfer of the business, a plain language dispute resolution procedure, a clause relating to how the contract can be varied (changed) and an end date for the agreement. Before the end of the agreement, your representative (such as a union delegate) and your employer will negotiate the new collective employment agreement. If you have an individual employment agreement it must contain your name and your employer’s name, a description of the work you are going to do, an indication of where you are going to work and an indication of what hours you are going to work.
Even if nothing is written down you would have an oral contract if both you and your employer have agreed on basic terms. Also there are some terms which are included in every employment contract even if they were not discussed between the employer and employee or written in the contract (e.g. paid holidays).
(s11 Holidays Act 1981; s54(1)(a), 65(1)(a) Employment Relations Act 2000)
Can I get help in negotiating my contract of employment
Yes. Employees may choose to have someone negotiate for them.
(ss18 & 236 Employment Relations Act 2000)
If I am dismissed does my employer have to give me reasons for my dismissal?
Yes. An employee who has been dismissed may request written reasons for his or her dismissal within 60 days of becoming aware of the dismissal. The employer must provide the statement within 14 days of receiving the request.
(s120 Employment Relations Act 2000)
Can I bring a personal grievance claim?
Yes. An employee of any age may bring a personal grievance action against an employer claiming that he or she has been treated unfairly or illegally. You could get compensation, have your employment agreement changed if a Court decides it was harsh or unfair, or you could be reinstated in your job if you were wrongfully dismissed. You need to raise the personal grievance with your employer within 90 days of the date when you found out about the unfair or illegal action. It is best to do this in a letter and keep a copy for your records.
(ss102, 103, 111, 113-115 Employment Relations Act 2000)
Can I be suspended if I am involved in a strike?
Yes. Your employment can be suspended if you are a party to a strike. Even if you are not on strike you may be suspended if work is not available due to a strike. During the time of suspension, you will not be entitled to payment by wages, salaries etc.
(ss87, 88 & 89 Employment Relations Act 2000)
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Latest page update: made by YouthLaw
, Nov 14 2010, 9:21 PM EST
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