With an influx of tourists to New Zealand during Rugby World Cup 2011 there is expected to be an increase in temporary work in New Zealand. If you are likely to need workers during the event or if you are looking to increase the hours of your existing staff there are a few things that you need to know.
Right to Work
Employers are required to ensure that anyone they employ has the legal right to work in New Zealand. Immigration New Zealand has a free service where you can check a potential employee’s entitlement to work. Click here to find out more.
Employing casual staff or using fixed term agreements
All employees including casual employees and those on fixed term agreements are entitled to the same minimum employment rights as other employees. However, workers have to meet certain criteria to qualify for some employment entitlements – more information is available on our website.
Many employees who are described as “casual” are part-time employees whose future employment is actually clear – for example, supermarket or hospitality employees whose work pattern is established.
Casual employment where an employee is only expected to work from time to time or where it is so irregular or intermittent that it is not feasible to provide for four weeks’ annual leave, the employee can be offered holiday pay on a “pay as you go” basis. This need to be explicitly provided for in the employment agreement and the payment must be recorded separately in wage records at a rate of at least 8%. For information on pay as you go click here.
Another option is using fixed term agreements. Where the fixed term is for less than 12 months, the employment agreement can provide for annual holiday pay to be made on a “pay as you go basis”. Employers can offer fixed term employment if: there are genuine reasons - like seasonal work, project work, or where the employee is employed only for the duration of the RWC tournament the employer tells the employee the reasons, how or when the employment will end, and the employee agrees to this in their employment agreement.
Amendments to the Employment Relations Act 2000 now require that every employee has a written employment agreement and that employers retain a signed copy of the agreement or the current signed terms and conditions of employment. The Department of Labour’s Employment Agreement Builder can help you draft an employment agreement.
Increasing staff hours worked over the period.
If you need to increase the amount of hours that your staff are working over the Rugby World Cup period then there are a few things that you need to remember.
In order to make changes to an employment agreement, such as hours of work, both parties to the agreement need to consent. Some employment agreements may contain a clause allowing the employer to change an employee's hours of work, however the employer must act fairly and reasonably before making such changes.
You are also required to provide rest and meal breaks. Rest and meal breaks have direct benefits for workplaces by helping employees stay safe in their jobs. Employers have a duty under the Health and Safety in Employment Act to provide a safe working environment. Where fatigue has been identified as a hazard, appropriate rest breaks should be provided to ensure that it is not likely to cause harm. For information on managing H&S and rest and meal breaks visit our website.
For more information on employer responsibilities during RWC visit the Department of Labour website or call 0800 20 90 20.
