What Should My Work Hours Be Based on My Employment Contract?

Understanding your work hours shouldn’t be confusing or stressful. Your hours are a key part of your job. They decide how much you get paid, how work fits with your life, and what your legal rights are. 

The following information is for employees working on an hourly rate (as opposed to a salary).

Your work hours are not just about when you turn up and leave. They affect how much you get paid, your leave entitlements such as annual leave and sick leave, whether you qualify for certain protections under New Zealand employment law and your ability to plan life outside work.  Your employment agreement should clearly state your hours.

How do I know how many hours I should be working?

In New Zealand, there are common categories of employees based on how many hours they work and how regular those hours are.

Full‑Time Work

A full‑time employee typically works around 40 hours per week. This might look like:

• 8 hours per day, Monday to Friday

• A regular schedule that doesn’t change much week to week

Under this arrangement you should be able to expect your schedule to be clear, and ideally set out in your employment agreement.  Your hours should be fairly consistent and you should get paid for the hours you work, including overtime or penalties if required.

Full‑time work usually comes with full entitlements like annual leave, sick leave, public holiday pay, and continuity of employment rights.

Part‑Time Work

If you’re not working full‑time hours but have a regular and agreed schedule, you might be on a part‑time contract.  This could look like 20 hours per week on set days or morning shifts every Monday, Wednesday, Friday, for example. Under a part-time agreement you should be able to expect a set number of hours specified in the employment agreement, regular shifts and a reliable pattern and pro‑rata entitlements (you get a fair share of leave and other benefits based on hours worked).  

Part‑time employees have many of the same rights as full‑time workers, just adjusted for hours.

Casual Work

Casual work means your hours are unlikely to be regular, you are offered work when the employer needs you, which you can choose to accept or refuse, and you may be rostered or called in at short notice.

Casual workers are still covered by employment law. You should be paid at least the minimum wage, and you earn leave entitlements just like other employees (e.g., sick leave, annual leave) although your annual leave can be paid 'as you go', and sick/bereavement leave entitlement will be based on regularly worked shifts.  

As a casual employee, you should have an employment agreement, the employer can’t treat you unfairly just because you’re casual and you still have rights under New Zealand employment law. 

Guaranteed Hours (Also Called “Zero Hours” Contracts)

A guaranteed hours or zero hours contract is when you have an employment agreement, but you don’t have a guaranteed minimum number of hours each week.  Your employer offers you work as needed, and you can choose to accept or decline shifts.

Even on this type of contract there should still be a valid employment agreement, including terms about hours.  The employer shouldn’t mislead you about likely hours, and you shouldn’t be treated poorly for refusing shifts.  Even with no guaranteed hours, you still earn all basic legal rights like leave entitlements and protections against unfair treatment.

What Should My Employment Agreement Say About Hours?

Every employment agreement must clearly show key details, including your type of employment (full‑time, part‑time, casual, etc.), your hours of work and how they will be allocated and communicated, your pay rate (and any penalty rates which apply) and any conditions about changes to hours.

What If My Hours Don’t Match My Contract?

Being rostered on, our allocated different hours than stated in your employment agreement is a common problem for employees. It’s frustrating when your roster doesn’t match what your contract says. Here are some steps you can take if you are concerned about the hours you are being allocated.

Read Your Contract Carefully

Check what the contracted hours are, whether your agreement allows changes to hours, and how changes should be communicated and discussed. If it’s unclear, write down exactly what you understand your hours to be and clarify it with your team leader, manager or HR.

Keep a Record of the Actual Hours You Work

Keep a simple log of days worked, start and finish times, breaks and any shift changes.  Having records helps when you talk to your manager or HR.

Raise Concerns with your Manager or HR

Be calm and clear, for example:

“I noticed my roster hours this week are different from the hours in my contract. Can we talk about why this has happened and what my expected hours are going forward?”

Most problems can be fixed simply once they are discussed.

Ask for Any Changes in Writing

If your hours are changing, make sure you get it in writing. A signed updated employment agreement or a written letter/email confirming the changes is best. Remember, the conditions in your employment contract cannot be changed without your agreement so don't sign anything until you are happy with what is being proposed. Ask for help from an expert if you are unsure if the changes are fair or reasonable.

If talking to your workplace doesn’t solve it you might like to contact an employment law expert such as your union rep or an employment advocate, visit Employment.govt.nz for clarification on what your rights are, and if you think your employer has treated you unfairly, you may want to raise a personal grievance.

You should not be punished for asking about your hours or pushing for your contractual rights.

FAQs 

Can my employer change my hours without telling me?

No. Your employer must give you reasonable notice of changes. What’s “reasonable” depends on your job and situation. Sudden changes without notice can be unfair.

What if my agreement says “up to 30 hours”?

That means your employer can schedule you up to 30 hours per week. But it also means they shouldn’t schedule you for more than 30 without your agreement.

Do casual workers get paid differently?

Casual workers might get a casual loading (extra pay instead of certain benefits), depending on the agreement. But they still earn legal rights like paid leave and minimum wage.

If I’m offered fewer hours than I want, can I complain?

Yes. You can raise it with your manager. If you believe the employer is being unfair or discriminatory in rostering, talk to an expert.

What’s a “good faith” rostering process?

In NZ employment law, employers must act in good faith. That means being honest, open, and fair when scheduling and changing hours.

Can I refuse a shift?

Yes.  Especially in casual or zero hours arrangements, unless your agreement says otherwise. You shouldn’t be penalised for saying no to work offered.

What if my employer says the roster is “just a guide”?

Even if a roster is a guide, your actual hours must still be reasonable and lawful. A roster should reflect what’s agreed in your contract or be changed with your agreement.

As an hourly rate employee, your employment agreement should clearly state your hours. Full‑time, part‑time, casual, or zero hours contracts each come with rights and your employer must act fairly, communicate changes clearly, and not mislead you. If the hours on the roster don’t match your agreement, raise it with your manager or HR and get help from an expert if you need it.  You have legal protections and rights no matter how many hours you work. If you are concerned about your allocated hours or roster, get in touch for a free consultation. MathewsWalker.co.nz 0800 612 355

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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.