Starting work -
your rights & responsibilities
Here's some information about working in horticulture in New Zealand. And if you've just got a job or you're starting a new career in the industry - congratulations!
All employees, including visitors, get the same conditions and rights under New Zealand law, including holiday pay and sick leave. For more information on your rights and responsibilities, visit the Department of Labour's Employment Relations Service website at www.ers.govt.nz.
Are you a New Zealand permanent resident or citizen? If not, you must have a valid work permit to work in New Zealand. Click here to learn about the types of permits and how to get one.
Signing your contract
Every employee must have a written employment agreement, or contract. To keep your job, you must perform to the expectations set out in the employment agreement.
+ Employment Agreement
This must include:
- your employer's name and your name
- description of the work you are to do (your position and duties)
- an indication of where you will work and what hours, the start date and (if you are employed for a fixed term) the finish date
- your pay type and rate/s
- statement of your public holiday entitlements
- what will happen if you position is restructured
- the procedure for resolving employment relationship problems
- a declaration in which both you and your employer must sign and date the agreement.
It might include:
- a statement of the employer and employee obligations
- the nature of the contract (permanent, fixed term or casual) and any trial or probation period
- information about annual, sick, bereavement, parental leave and unpaid entitlements
- other entitlements (e.g. Kiwisaver, subsidised childcare, training/personal development, reimbursement of expenses)
- health and safety (e.g. specific workplace hazards, drug testing, medical exams)
- termination such as for serious misconduct, abandonment of employment or the trial period
- deductions that may be made from your pay
+ Fixed term agreements
Seasonal workers are usually employed on a fixed term contract, instead of permanent or casual. An employment agreement may only be fixed term if there are genuine reasons for it, and seasonal work is one.
Your employer needs to tell you the reasons for the fixed term and how or when the employment will end, and you must agree to this in your employment agreement.
+ Training period
You may have a period of training or probation. This should be explained in your employment agreement. If you work too slowly and can't meet the piece rates to achieve minimum wages, your employment may be terminated.
On the job
What to take:
- covered shoes
- a hat
- wet weather clothing
- sunscreen
- insect repellent
- drinking water
- lots of food - you'll get hungry!
- your IRD number
- bank account details - so you can get paid!
- your passport (your employer may take a copy of your passport but must return it to you immediately).
- a notebook for writing down your hourly rate, hours worked, bin or tree rate.
Be prepared! The weather can change fast in New Zealand so take clothes for all conditions. Take care of your skin in our strong sun, and remember that the physical work will make you more thirsty and hungry than usual.
What not to take:
Most seasonal work is physical work! Even if you are fit, it may take a few days for your body to adjust.
Getting paid
For seasonal work you will be paid either an hourly rate, an amount of money for each hour you work, or a piece rate. A piece rate is the amount of money per unit that you fill when you pick, like a bin or crate.
+ Minimum pay
All employees aged 18 and over must be paid at least the minimum wage under New Zealand law. This is currently NZ$12.50 per hour. Minimum wages apply even if you are paid by piece rates.
So if an adult worker picks for four hours, they must earn a minimum of 4 x $12.50 = $50.00 before tax and deductions, no matter the bin rate.
The minimum wage rate may be different if you are aged 16 to 17 and have been employed for fewer than 200 hours or 3 months in total, or if you are aged 16 and over and are doing recognised industry training (at least 60 credits a year).
+ Pay method
Most employers pay wages directly into your bank account, normally weekly. It is not usual to be paid in cash! If you are not given a pay slip for every pay period showing gross, tax and holiday day details, you are legally allowed to ask for one.
+ Holiday pay
Employees in New Zealand get four weeks of holidays each year once one employer has employed them for 12 months.
However, because seasonal workers are usually employed for less than 12 months and the work is not always regular, you normally have your holiday pay added on to your weekly pay. This means that if you are paid hourly you should get an additional 8% of your gross earnings as holiday pay. This should be shown on your pay slip.
However, piece rates are often quoted as inclusive of holiday pay, so you wouldn't get this additional 8% to your weekly pay. Some employers also pay your holiday pay at the end of your contract in a lump sum, instead of weekly.
+ Public holidays
If you work on a public holiday you must be paid 1.5 times your usual pay rate and may take leave on another day instead. If you do not work, but the public holiday is on a day you would normally work, you will be paid your usual pay rate for your usual hours.
+ Sick leave, bereavement leave, parental leave and flexible work arrangements
If you have been with the same employer for more than six months you are entitled to:
- paid sick leave (up to 5 days per year)
- paid bereavement leave (up to 3 days per year)
- in some cases, unpaid parental leave (up to 12 months)
- if you have caring responsibilities (e.g. for a sick relative), you can request a variation to your hours of work, days of work, or place of work.
+ Keeping records
You employer must keep wage and time records for six years. This includes the hours worked each day, including start and finish times, unpaid breaks taken, number of days of employment in each pay period, wages paid each period including how they were calculated (piece or hourly), and pay deductions including tax.
They must also keep records of holiday and other leave you have taken and what your current entitlement is; public holidays worked and days taken off instead; and when public holiday entitlements were paid.
Keep your own records, too! Get a notebook and write down honestly and accurately:
- the days and dates you worked
- the number of hours you worked (write down your start and finish times, when you took breaks and how long for)
- the days and dates you didn't work and why
- where you worked and what type of work you did
- the number of units you completed if you are paid on a piece-rate (e.g. the number of bins or crates you picked if you're paid this way)
- details about any employment problems you may have.
Check your records against your employer's regularly. If there has been a mistake made by one of you, talk calmly about it to work it out.
+ Equal Pay and Rights
Your employer can't pay employees differently if the only difference is that they are male or female.
Also, in most cases, your employer can't discriminate in hiring or firing, pay, training or promotion because of your race, colour, national or ethnic origin, sex or sexual orientation, marital or family status, employment status, age, religious belief or political opinion, or if you have a disability, or participate in certain union activities.
Your pay rate may be different to another worker if you work at a different speed, have different experience or skills, do different duties, if one of you is in recognised industry training, or is aged under 18.
What comes out of your pay
Sometimes, money will be automatically deducted from your pay. This should be shown on your pay slip.
+ Deductions
If your employer wants to make any deductions from your pay - e.g. for clothing, equipment, meals or accommodation provided by the employer - it must be written in your employment agreement, or they must get you to sign a written agreement.
Unless your employer is required to make deductions by law - e.g. for court fines, income tax, child support payments or other statutory purposes - then you can withdraw this consent in writing at any time and they should stop the deductions within two weeks.
+ Accident Compensation Corporation (ACC)
An ACC levy of 1.3% will be taken from your pay to cover any costs related to injuries caused by accidents. ACC is a personal injury scheme that covers the cost of treatment and rehabilitation for all people in New Zealand - even visitors. Visit
www.acc.co.nz for more information.
+ KiwiSaver
KiwiSaver is a work-based savings scheme open to New Zealand residents and citizens under the age of 65, but not visitors. You will be automatically enrolled when you start with a new employer, and you have six weeks to opt out of the scheme after automatic enrolment. Employees make regular contributions of 2%, 4% or 8% of their gross salary or wages and employers also make contributions. For more information go to
www.kiwisaver.govt.nzPaying tax
To work in New Zealand you must have an IRD number and pay tax.
+ IRD numbers
This is a unique number issued to you by the Inland Revenue Department. Apply for an IRD number by completing application form IR595. Then you will need to have your identity verified by an IR verification agent. Both Kiwibank and the Automobile Association (AA) can do this in ten to 12 days. Otherwise horticulture and viticulture workers can get an IRD number through the PickNZ Regional Coordinators in one to two days if necessary. There is a fee for this faster service.
+ Tax
You will be paying PAYE or Pay As You Earn tax. Most seasonal employees should use the M (main) or S (secondary) tax code, and all employees need to complete the IR330 tax form for their employer. Your employer takes the tax out of your weekly pay, usually at a rate of about 22.4%. If you are an overseas resident you may be able to claim back all or some of the tax you paid while working when you leave the country. Visit
www.ird.govt.nz or
www.taxrefunds.co.nz for more information.
Take a break!
Take breaks only as you've agreed in your employment agreement.
Legally you can take:
- one 10-minute paid rest break if your work period is 2 hours or more but not more than 4 hours
- one 10-minute paid rest break and one unpaid 30-minute meal break if your work period is more than 4 hours but not more than 6 hours
- two 10-minute paid rest breaks and one unpaid 30-minute meal break if your work period is more than 6 hours but not more than 8 hours.
Sick or hurt?
If you have an illness or an injury that stops you from working safely or may make others sick, you should tell your employer as soon as possible. Then stay home to rest, and only return to work when you are able to do so safely.
At the start of your employment, get the phone and mobile numbers of the person you should contact if you are sick or hurt.
You won't usually get sick pay for the days you can't work unless you've been with the same employer for six months or more.
Staying safe
Employers must provide you with a safe workplace, with proper training, supervision and equipment. This includes identifying, assessing and managing hazards, and investigating health and safety incidents. You may refuse work likely to cause you serious harm. Also, you have the right to participate in improving health and safety at your workplace.
At work you must take reasonable care to keep yourself safe, and to avoid causing harm to other people by the way they do their work. Always act in a safe and responsible manner at work. You must report any accidents or unsafe work practices to your supervisor or employer.
If you have a work dispute
Look in your employment agreement for the procedure you and your employer will follow if you need to fix a problem.
If you have not received a contract or the conflict procedure is not appropriate, you can file a complaint at a PickNZ office. Your information will help us to help you and also improve the work environment for other workers in the future.
You can also phone the Department of Labour on 0800 20 90 20 or check out www.dol.govt.nz. You also have the right to join a union.
This information is intended as a guide only, and is not a substitute for independent legal advice. Published and up to date as of December 2009.
