New zealand
Fixed term contracts are permitted in New Zealand, but require reasonable grounds. If it is later determined that there was not sufficient support for the contract to be fixed, it will be treated as though it was permanent.
New Zealand considers a “probationary period” an opportunity to assess a Worker’s skills, but does not lower the threshold for terminating a Worker. The Worker must be adequately assessed/provided an opportunity to improve and the standard termination procedure must be followed. A Worker can claim unfair dismissal. However, it is common in New Zealand to use a "trial period" for new workers, which is considered different than a probationary period. There are limits on its applicability and cannot be longer than 90 days. During that time, a worker may be dismissed for any reason with adequate notice.
In addition to the 10 public holidays in New Zealand, each province’s anniversary day is also considered a holiday at the local level.
All employees are entitled to 4 weeks of paid annual leave after each 12 months of continuous service, which does not expire. Workers may request to take holidays in advance of their annual entitlement. Workers must be given the opportunity to take at least two of the four weeks’ annual holiday continuously. Any accrued but unused leave is paid out upon termination.
Workers with at least 6 months of service are entitled to 10 days of sick leave for each 12-month period, which carries over year to year up to a maximum of 20 days unless otherwise agreed.
A Worker’s normal hours must be specified in the employment contract.
There is no legal requirement that overtime hours be paid at a premium rate.
Except in cases of serious misconduct, Workers may only be terminated for a good reason and after following a fair and reasonable process. This includes providing reasonable written notice.
Workers must give Client and/or Contractor two weeks’ notice of termination of their employment unless otherwise agreed by the parties.
Fringe Benefit Tax (FBT)- in New Zealand , any stipends , reimbursements or like issued to an employee for their personal use and benefit are subject to FBT. This includes, but is not limited to meals, entertainment, gym memberships and the line. If Client elects to offer personal stipends or reimbursements to workers, a 100% mark up will be applied to that cost to account for FBT. Upon request, Contractor can provide information on alternative options for providing incentives to New Zealand workers.
3% of a worker's gross annual earnings must be contributed to a retirement fund.
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