FAQ: What Can I Do if My Employer Does Not Provide Me With an Employment Agreement?
Starting a new job should come with clear information about your role, pay, hours and employment conditions. This information should be recorded in a written employment agreement, sometimes called an employment contract.
In New Zealand, every employee must have a written employment agreement. This includes permanent, fixed-term, part-time and casual employees. It also applies if you work for a friend, family member or small business.
If your employer has not provided an agreement, you still have employment rights. However, the lack of a written and signed agreement can make it harder to prove what you were promised.
Under the Employment Relations Act 2000, an individual employment agreement must be in writing. Before you agree to the terms, your employer must:
Give you a copy of the intended agreement.
Tell you that you are entitled to seek independent advice.
Give you a reasonable opportunity to get that advice.
Consider and respond to any issues you raise.
Your employer must also keep a copy of your agreement or the current signed terms and conditions. If you ask for a copy, they must provide it.
Why is a signed employment agreement important?
A signed agreement gives you and your employer a clear record of what you have agreed to. It should cover important matters such as:
Your position and the work you will perform,
Your place of work,
Your hours or guaranteed hours,
Your wage or salary,
How your pay will be calculated,
Your notice period,
How employment problems will be resolved,
Any agreed benefits, allowances or flexible arrangements, and
Any trial period, fixed-term arrangement or availability requirements.
Without a signed agreement, disagreements can develop about what was said when you accepted the job. A signed agreement does not prevent every dispute, but it gives both sides a reliable starting point.
A signed agreement is especially important to ensure that trial periods and fixed-term arrangements are recorded correctly. An employer cannot usually rely on a trial period that was only discussed after you started work. A fixed-term agreement must also explain how the employment will end and the genuine reason for the fixed term.
Do I still have rights if I do not have a contract?
Yes. You do not lose your minimum employment rights because your employer failed to provide an agreement. You are still entitled to rights such as:
At least the applicable minimum wage.
Rest and meal breaks.
Annual holidays and other statutory leave.
Public holiday entitlements.
A safe workplace.
Fair treatment and a fair process.
Protection from unlawful discrimination and harassment.
These minimum standards apply even if they were never written down. Employment New Zealand confirms that employees remain entitled to minimum rights when they do not have a written agreement.
However, benefits above the legal minimum may be more difficult to prove. Emails, text messages, the job advertisement, payslips, rosters, workplace policies and notes of conversations may help show what was agreed.
What should I do if I have not received a contract?
Start by asking your employer. The missing agreement may be an administrative mistake rather than a deliberate refusal. Make your request in writing so there is a record. For example:
“I have not yet received my written employment agreement. Could you please provide me with a copy, including the terms we agreed when I accepted the position? Please let me know when I can expect to receive it.”
If you were shown an agreement but never received a copy, ask for the signed version. If no agreement was ever prepared, ask your employer to provide a proposed agreement for you to review.
Do not feel pressured to sign it immediately. Read it carefully and check that it matches what you were originally promised. You are entitled to seek independent advice before signing.
Be careful if the agreement contains new or different terms. Your employer cannot simply rewrite the arrangement after you have started work and expect you to accept it. Any changes should be discussed and agreed in good faith.
While you wait for an agreement to be provided, collect records showing the terms of your job. Keep copies somewhere you can access outside your workplace. Useful records may include:
The original job advertisement,
Your offer letter,
Emails and text messages about pay, hours and duties,
Rosters and timesheets,
Payslips and bank records,
Relevant workplace policies,
Notes of conversations with your manager, and
Any draft agreement you received.
What if my employer ignores or refuses my request?
If your employer does not respond, send a follow-up request. Give a reasonable date for the agreement to be provided, such as within five working days.
You can then raise the matter with a more senior manager, the owner, payroll or HR. If your workplace has a formal problem-resolution process, you may also use that. If the problem remains unresolved, you can contact Employment New Zealand.
Could I raise a personal grievance?
Not receiving an agreement does not automatically mean that you will receive compensation through a personal grievance. However, a personal grievance may be possible if your employer’s actions have unjustifiably disadvantaged you. For example, this might apply if the lack of an agreement has been used to change your hours, reduce your pay, deny an agreed benefit or treat you unfairly.
Most personal grievances must be raised with the employer within 90 days of the action or when it came to your attention. Do not wait for the employer to finally provide an agreement if another serious employment issue is developing.
A missing agreement can look like a minor paperwork issue, but it may become important when there is a disagreement about pay, hours, duties, notice or job security. If your employer continues to refuse your request, provides terms that do not match what was agreed, or treats you badly for asking, speak with an employment advocate promptly.
Mathews Walker can review your situation, explain your options and help you raise the issue with your employer. Getting support early may resolve the problem before it develops into a wider employment dispute. If you don't have a written and signed agreement with your employer, and are concerned about what it means for your rights and entitlements, get in touch today for a free consultation. MathewsWalker.co.nz | Employment Problems Solved | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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