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Your legal rights as a worker: Where they come from

Your guaranteed minimum rights that come from outside your employment agreement

Rights set by Acts like the Employment Relations Act

The Employment Relations Act sets out the basic legal framework for things like negotiating and entering into employment agreements, belonging to a union, going on strike, and resolving employment problems

Other Acts set out minimum conditions that apply to all employees (although you’re also free to negotiate better conditions with your employer). For example, the Holidays Act 2003 sets out your minimum rights to annual leave, public (“statutory”) holidays, sick leave and bereavement leave, while minimum wage rates are provided for by the Minimum Wage Act.

Other Acts give you minimum protections in certain areas. For example, the Health and Safety at Work Act 2015 requires your employer to provide a safe workplace, while the Human Rights Act 1993 requires employers to treat all employees equally, regardless of factors such as race, gender and relationship status (see: “Discrimination”).

Basic rights and obligations implied into all employment agreements

The law treat some basic obligations as being implied in all employment agreements, regardless of an agreement’s specific terms.

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Starting and leaving a job

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Ministry of Business, Innovation & Employment

The Employment website of the Ministry of Business, Innovation & Employment publishes a range of information on employment relations and minimum rights at work.

Website: www.employment.govt.nz
Phone: 0800 20 90 20
Starting a job: www.employment.govt.nz/starting-employment/
Leaving a job: www.employment.govt.nz/ending-employment/

Te Kauae Kaimahi/
New Zealand Council of Trade Unions

Te Kauae Kaimahi is the umbrella body for affiliated unions covering every job and industry in New Zealand. It can provide information about which union may cover the type of work you do.

Website: www.union.org.nz
Email: info@nzpc.org.nz
Phone: (04) 385 1334

New Zealand Prostitutes Collective

The New Zealand Prostitutes Collective is a nationwide organisation run by sex workers for sex workers. They provide information and services for people who are doing sex work or thinking about doing sex work.

Website: www.nzpc.org.nz
Email: info@nzpc.org.nz
Phone: 04 382 8791
Instagram: www.instagram.com/_nzpc/

Union Network of Migrants (UNEMIG)

UNEMIG or Union Network of Migrants is an association of migrant workers within FIRST Union.

Website: www.unemig.org.nz
Email: unemig@firstunion.org.nz 
Phone: 0800 863 477

Migrant Workers Association

The Migrant Workers Association NZ fights for migrant workers’ rights and against injustice and exploitation in the workplace.

Website: migrantworkers.org.nz
Email: help@migrantworkers.org.nz
Phone: 0800 863 477
Facebook: www.facebook.com/migrantworkersassociationaotearoa/

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