In New Zealand, every employee is entitled to an employment agreement, but what happens if you’re working without one? It’s more common than you might think—especially in small businesses or casual jobs where things are handled informally. While you might not have a written contract, you still have rights. Here’s what you need to know and what steps you can take to protect yourself.
Do You Actually Have a Contract?
If you’re working, you likely have an employment agreement—even if it’s not written down. A verbal agreement or a handshake deal still counts as a contract under New Zealand employment law. However, the law requires employers to provide a written employment agreement, and failing to do so is a breach of the Employment Relations Act 2000.
If your employer hasn’t given you a contract, ask for one. They’re legally required to provide it, and having a written agreement helps protect both you and your employer by setting clear expectations.
What Are Your Rights Without a Written Agreement?
Even if you don’t have a written contract, you still have the same rights as any other employee, including:
Minimum Wage: You must be paid at least the current minimum wage.
Holiday and Leave Entitlements: You are entitled to four weeks of paid annual leave, sick leave, and public holiday pay (if applicable).
Rest and Meal Breaks: You must be given the correct rest and meal breaks depending on your work hours.
Protection from Unfair Dismissal: Your employer can’t just fire you without following fair process, even if nothing is written down.
Fair Treatment: You are protected from discrimination, bullying, and harassment at work.
If you’re working without a written contract, it might make it harder to enforce these rights, but they still apply. Without a written agreement, things can get messy. Some of the most common issues include:
Unclear Job Duties: Your employer might expect you to do more than you originally agreed to.
Pay Disputes: If your wages aren’t clearly outlined, it can be difficult to argue if you’re underpaid.
Unfair Dismissal: Without a contract, some employers think they can fire you whenever they want.
Disagreements Over Hours: Without set hours, employers may change your schedule unpredictably.
Having a written agreement helps prevent these issues, but if you’re already in this situation, you still have options.
I don't have a written agreement - what can I do?
Ask for a Written Agreement – This is your legal right. If your employer refuses, remind them that they are required by law to provide one.
Keep Records – Track your hours, wages, and any verbal agreements. If a dispute arises, having your own records will help.
Seek advice from an expert. mathewswalker.co.nz | 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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