Everyone
Triangular employment situations
Find out about employment rights in a triangular employment situation.
A triangular employment situation is where there are 3 parties in an employment arrangement:
- an
employer An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’).
- an
employee , andAny person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’).
- a third party, responsible for directing the employee's day-to-day work.
Common triangular employment situations include when someone is:
- employed by a recruitment agency, and is sent on work assignments to another organisation (sometimes called labour-for-hire or temping)
- an employee of one organisation is placed on a secondment for a fixed time with another organisation.
Secondments
A secondment is a temporary arrangement between an employer and an employee that allows the employee to work within a different department, or with a different company completely. Secondments enable employees to add to their skill set and experience while helping employers to fill vacant roles. The rules on secondments in New Zealand’s public sector are laid out in the Public Service Act 2020.
Secondment - Public Service Act 2020 – New Zealand Legislation(external link)
Rights in a triangular employment situation
In a triangular employment situation, all the usual 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. An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’). Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’). An action that an employee can take against a current or former employer when they have an employment issue they cannot resolve.