Everyone
Permanent or fixed-term
Find out about the employment rights of a permanent employee, a fixed-term employee, or a seasonal employee.
The employment rights and responsibilities are different for:
- permanent employees
- fixed-term employees
- seasonal employees.
Permanent employees – full-time or part-time
Permanent employees are the most common type. Permanent employees have ongoing employment at the workplace and have the full set of employment rights and responsibilities. Permanent employees can be part-time or full-time.
Fixed-term employees – full-time or part-time
For a fixed-term (temporary) contract, the employment will end on a specified date or when a particular event occurs. This might be if the employee has been hired to:
- replace another employee on
parental leave Time an employee who is having a baby or becoming the primary carer of a child under the age of 6 can take off work to care for their child. There are 4 main types of parental leave: primary carer leave, partner’s leave, extended leave, and negotiated carer leave.
- cover a seasonal peak
- complete a project
- undertake a
secondment for another employer, while still being employed by the primary employer (known as aA temporary arrangement between an employer and employee that allows the employee to work in a different department or company while keeping their original role.
triangular employment situation).A situation where there are 3 parties in an employment arrangement: an employer, an employee, and a controlling third party who is responsible for directing the employee's day-to-day work.
There must be a genuine reason based on reasonable grounds for the Employment that ends on a specified date or when a particular event occurs, for example, covering for parental leave or seasonal work like fruit-picking. A period, usually at the beginning of employment, to assess an employee’s suitability for the job. Probation periods are different to trial periods. Employers must follow the usual dismissal procedure to dismiss an employee during a probation period.
Trials and probationary periods
Rights on a fixed-term contract
Fixed-term employees have the same The requirements in law for how employers must treat, pay and protect their employees. All employees have these rights even if they’re not included in the employment agreement or if the agreement says they get less or worse. Paid time away from work for rest and recreation.
Employee rights and responsibilities
Pay-as-you-go annual holiday pay
If an employer wants to When an employer removes an employee from their job, for example, as a result of misconduct or redundancy. When an employee’s behaviour has undermined or destroyed their employer’s trust in them and impacted the employee’s ability to do their job. Usually, the employee has acted deliberately or so carelessly that it amounts to serious misconduct.
Seasonal employees
Seasonal employment is a type of fixed-term employment where the A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.
Recognised Seasonal Employer (RSE) Scheme - Immigration new Zealand(external link)
Casual employees
Casual employees work when it suits them and have most of the same rights and responsibilities as permanent employees. They are not defined in employment legislation separately, but the term is usually used to refer to a situation where an employee:
- works when required
- can turn down work and
- has no expectation of ongoing employment.
Casual employees work when it suits them and the employer. Casual employees have most of the same rights and responsibilities as permanent employees, but the way Paid time away from work for rest and recreation. Paid time away from work that gives an eligible employee time to grieve and to take care of matters if someone close to them dies. It can be taken at any time and for any purpose relating to the bereavement.
If an employee is employed to do casual work, the arrangement must be clearly stated in the A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.
Dismissing a casual employee
Each time a casual employee accepts a proposal to work certain hours, it is considered to be a continuation of their employment, even if there is a gap since the last time they worked for the employer.
If an employer decides to stop offering work, this does not count as a When an employer removes an employee from their job, for example, as a result of misconduct or redundancy.
Holiday pay
Because casual employees do not have set hours, it may not be possible to work out how they will get Paid time away from work for rest and recreation. Payment for annual holidays at the rate of not less than 8% of the employee’s gross earnings, which is paid with their regular pay instead of getting 4 weeks’ paid annual holidays each year. Some casual and fixed-term employees may get pay-as-you-go holiday pay by agreement.
- employees who are on a
fixed-term agreement of less than 12 months orEmployment that ends on a specified date or when a particular event occurs, for example, covering for parental leave or seasonal work like fruit-picking.
- employees who work so intermittently or irregularly that it’s not possible for the employer to pay the employee 4 weeks of paid annual holidays.
Not all casual employees will meet the test for working so irregularly that it’s difficult to give them annual holidays. An employee can get pay-as-you-go holiday pay instead of paid annual leave.
Annual closedowns and holidays
Sick leave and bereavement leave
Casual employees are also entitled to Paid time away from work that eligible employees can take to care for themselves, their partners or children, or other dependants. Paid time away from work that gives an eligible employee time to grieve and to take care of matters if someone close to them dies. It can be taken at any time and for any purpose relating to the bereavement.
- an average of at least 10 hours a week, and
- at least 1 hour a week or 40 hours a month.
Pay for sick, bereavement and family violence leave
Employment agreements for casual employees
A casual employment agreement must outline the details of the employee’s work hours. The agreement should make it clear:
- that there is no guarantee of work on a specific day
- that the amount of work will fluctuate
- that each time the employee accepts an offer of work it’s considered a new period of employment
- that the terms of the agreement apply to each new period of employment
- how the employer will let the employee know when there is work available
- that the employee does not have to make themselves available for work.
Casual employees versus part-time employees
Some employees who are described as ‘casual’ are part-time employees with a clear work pattern. If an employee thinks this applies to them, they should speak to their employer and ask for a new employment agreement.
Vinod begins working at a café. His employment agreement describes him as a “casual” employee. Initially, he only worked the odd shift here and there, but then he began to regularly work from 9am to 3pm on weekdays. At this point, Vinod’s employment status is changing to being a permanent part-time employee. If he was told without warning not to come into work anymore, this would possibly be an unjustified dismissal as his employer failed to follow the correct process when dismissing a permanent part-time employee. When the work became regular, the employer should have given Vinod a new employment contract for either fixed-term or permanent part-time work.