To ensure legal rights, not only in Vietnam but also worldwide, workers need to know and understand their rights and obligations towards their employers and vice versa.
Here are the key points regarding overtime work or extra shifts for foreign workers in New Zealand that you should pay attention to:
Regulations on Basic Rights
In New Zealand, workers need to focus on the number of working hours in their contract along with the wage and overtime hours. These are two important factors directly affecting your rights.
In New Zealand, working hours are agreed upon by both the employer and the employee before signing the contract in writing. This includes: total working hours, days of the week worked, start time, and end time.
The labor agreement must set the minimum working hours to ensure they are no less than 30 hours per week, excluding overtime, unless the employer and employee have agreed otherwise.
In cases where the maximum number of hours does not include overtime, it is under 40 hours per week. Both the worker and employer need to fix the number of hours to work no more than 5 days per week. If either party wishes to change the working hours, it must be agreed upon in writing. Employers in New Zealand must ensure that their employees are paid at least the minimum wage set by the government.
Overtime Payment
Payment for overtime or extra shifts must be agreed upon between the employer and the employee and included in the employment contract.
For example, overtime hours may be included in the employee’s regular wage, or paid at the normal wage rate. It must be at least the minimum wage or a higher rate.
If an employee works more than their usual hours and believes they are not being paid fairly, they should try to resolve the issue with their employer.
Saying “Yes” to Overtime
If the employment agreement between the employer and employee initially addresses such matters, both parties have the rights and obligations to:
- Clearly and openly inform the employee about overtime opportunities.
- The employee is obligated to agree to the extra work and fulfill their responsibilities as stated in the agreement.
- Decide on a reasonable and fair overtime wage based on the prior agreement.
To determine if the compensation is fair, the employer must consider all relevant factors, including:
- The number of hours the employee is required to work and the proportion of these hours relative to their agreed working hours.
- The amount of money the employee is paid for the work they do, and ensuring that the overtime payment method is in line with the agreement.
Saying “No” to Overtime
If the employment contract does not contain a valid clause that provides reasonable compensation for overtime, the employee can refuse the work that is not within the guaranteed working hours stated in their contract.
The employer is not allowed to penalize the employee for refusing overtime. This means the employer cannot:
- Challenge or withhold employment contract terms: working conditions, additional benefits, training, or promotion opportunities as offered to other employees with similar qualifications and skills hired under similar circumstances.
- Terminate or take any action negatively affecting the employee’s existing rights.
Ensuring Safe Work
Both the employer and employee need to take all possible measures to ensure the health and safety of themselves and others in the workplace. This includes working within safe working hours and avoiding fatigue. If the employee has concerns about the safety of the working hours they are being asked to work, they should discuss these issues with their employer.
Foreign workers need to find reputable employers to ensure their rights and obligations are documented in writing.
The above is information on overtime regulations. We hope this will help you in your work journey in New Zealand.
Consult and find reputable employers in New Zealand with KOROO.
