Youth Minimum Rights - Key Points about Work Safety & Employment Rights
Factsheet Young Workers
Health and safety in employment law
- The Health and Safety in Employment Act 1992 applies to young people just like older workers
- Students on training or work experience are treated as employees
- It's the employer's duty to provide a safe workplace, with proper training, supervision & equipment, and employees must also take reasonable care to keep themselves safe
- Employees have the right to participate in improving health and safety
- Employees have the right to refuse work likely to cause them serious harm
Employees - Tell someone if you get hurt at work
- If you get harmed at work, tell your employer or safety representative, even if you don’t think it's serious
Age restrictions on dangerous work and working at night
- The Health and Safety in Employment Regulations 1995 put age restrictions on dangerous work. From 1 April 2009, these rules also apply to young people doing contract work.
- Under 15 young people can't work in certain places, operate machinery, drive a vehicle, lift heavy loads or do any work likely to harm them
- Under 16 young people can't be employed between 10pm and 6am
- Under 15 young people can't even be present (bystanders) in some workplaces without direct adult supervision at all times
Minimum employment rights
- There are other laws such as the Employment Relations Act 2000, Minimum Wage Act 1983, and Holidays Act 2003 that also apply to young people
- Employees must have a written employment agreement
- Employer and employee should treat each other with respect and act honestly and openly - this is called acting in "good faith"
- Employees have the right to join the union
- There are legal minimum wages for employees 16 and over
- There are legal minimum annual and public holidays and sick leave entitlements
If you are unsure about any of your rights at work, visit www.dol.govt.nz or call the Department of Labour on 0800 20 90 20.
This information is a guide only and may not be accurate for all situations. It should not be used as a substitute for legal or other expert advice.
ISBN 978-0-478-28171-2
Know your rights!
