Part-Time Employment Agreement (New Zealand)
Employment Relations Act 2000 (ERA) — Part-Time Individual Employment Agreement
This Part-Time Employment Agreement (the “Agreement”) is made under the Employment Relations Act 2000 (ERA) between:
[Employer Name] (NZBN: [Employer NZBN]), of [Employer Address], [Employer City], [Employer Region] [Employer Postcode] (the “Employer”); and
[Employee Name], of [Employee Address], [Employee City], [Employee Region] (the “Employee”).
Together referred to as the “Parties”.
1. GOOD FAITH
1.1 The Parties acknowledge and agree that they owe each other the duty of good faith as set out in section 4 of the Employment Relations Act 2000. This duty requires the Parties to be active and constructive in establishing and maintaining a productive employment relationship in which they are, among other things, responsive, communicative, and not deceptive or misleading.
1.2 The duty of good faith applies to all aspects of the employment relationship, including but not limited to the negotiation of this Agreement, the performance of duties, any proposal to vary working hours, and any process that may affect the continuation of the Employee’s employment.
2. COMMENCEMENT AND EMPLOYMENT STATUS
2.1 The Employee’s employment commences on [Commencement Date].
2.2 The Employee is engaged as a permanent part-time employee of the Employer under this Individual Employment Agreement. A part-time employee is a permanent employee who works fewer hours than a full-time employee, with a regular and predictable pattern of work and guaranteed minimum hours each week.
2.3 This Agreement is an Individual Employment Agreement for the purposes of Part 6 of the Employment Relations Act 2000.
3. POSITION, DUTIES AND PLACE OF WORK
3.1 The Employee is engaged in the position of [Job Title].
3.2 The Employee’s primary place of work is [Place of Work]. The Employer may, on reasonable notice and after consultation with the Employee, require the Employee to work at other locations as reasonably required by the business.
3.3 The Employee’s key duties and responsibilities include:
[Duties Summary]
3.4 The Employer may, from time to time and after consultation with the Employee in good faith, reasonably vary the Employee’s duties and responsibilities, provided such variation does not result in a fundamental change to the nature of the role.
4. GUARANTEED HOURS AND REGULAR PATTERN OF WORK
4.1 The Employee is guaranteed a minimum of [Guaranteed Hours Per Week]. This constitutes the Employee’s guaranteed minimum engagement and the Employer will not roster the Employee for fewer hours than this minimum without the Employee’s written agreement.
4.2 The Employee’s regular pattern of work (days and hours) is as follows:
[Regular Days And Times]
4.3 This regular pattern of work may be varied only by: [Variation Process]. Any variation must be documented in writing and retained by both Parties.
4.4 Rest breaks and meal breaks will be provided in accordance with the Employment Relations Act 2000. The Employee is entitled to a paid 10-minute rest break for each period of 2 continuous hours worked, and an unpaid 30-minute meal break for each period of 4 continuous hours worked, or as otherwise agreed.
4.5 Additional Hours: The Employee may be requested to work additional hours beyond the agreed pattern. The Employee is not obliged to accept such requests. Additional hours worked will be remunerated at: [Additional Hours Rate].
5. REMUNERATION
5.1 The Employer will pay the Employee at the rate of [Hourly Rate] for all ordinary hours worked under this Agreement, payable [Pay Frequency] by [Pay Method] in arrears.
5.2 This rate meets or exceeds the adult minimum wage as set under the Minimum Wage Act 1983 and the Minimum Wage Order in force at the date of this Agreement.
5.3 The Employer will deduct PAYE income tax and any other required statutory deductions (including KiwiSaver contributions, student loan repayments, and child support, where applicable) from the Employee’s gross remuneration in accordance with the Income Tax Act 2007 and related legislation.
5.4 The Employer will provide the Employee with a payslip for each pay period showing gross pay, deductions made, and net pay.
6. KIWISAVER
6.1 If the Employee is a member of KiwiSaver, the Employer will make compulsory employer contributions at the rate of [KiwiSaver Rate] of the Employee’s gross wages, in accordance with the KiwiSaver Act 2006.
6.2 The minimum employer contribution rate is 3% of the Employee’s gross wages. Employee contributions will be deducted from gross pay at the rate elected by the Employee (3%, 4%, 6%, 8%, or 10%).
6.3 New employees aged 18 to 64 who are NZ citizens or permanent residents will be automatically enrolled in KiwiSaver in accordance with the KiwiSaver Act 2006, unless the Employee is already a member or opts out within the prescribed period.
7. LEAVE ENTITLEMENTS
7.1 Annual Leave: As a part-time employee, the Employee accrues 4 weeks of paid annual leave per year of service on a pro-rata basis proportionate to their ordinary hours, as prescribed by section 16 of the Holidays Act 2003. Annual leave accrues progressively from the commencement date and accumulates from year to year.
7.2 Sick Leave: The Employee is entitled to 10 days of paid sick leave per year after 6 months of continuous employment, as prescribed by section 65 of the Holidays Act 2003. Unused sick leave may be accumulated up to a maximum of 20 days. The Employer may require a medical certificate for absences of 3 or more consecutive calendar days.
7.3 Bereavement Leave: The Employee is entitled to bereavement leave in accordance with sections 69 and 70 of the Holidays Act 2003:
- 3 days of paid bereavement leave on the death of a spouse, partner, parent, child, sibling, grandparent, grandchild, or the spouse’s/partner’s parent; and
- 1 day of paid bereavement leave on the death of any other person where the Employer accepts that the Employee has suffered a bereavement.
7.4 Public Holidays: Where a public holiday falls on a day the Employee is ordinarily rostered to work, the Employee is entitled to a paid day off for that public holiday (section 44 of the Holidays Act 2003). If required to work on a public holiday, the Employee is entitled to time-and-a-half pay and an alternative holiday (a “day in lieu”).
7.5 Family Violence Leave: The Employee is entitled to 10 days of paid family violence leave per year from the first day of employment, in accordance with sections 72A–72H of the Holidays Act 2003.
7.6 Parental Leave: The Employee is entitled to parental leave in accordance with the Parental Leave and Employment Protection Act 1987.
8. ACCIDENT COMPENSATION (ACC)
8.1 The Employee’s entitlements in respect of personal injury are governed by the Accident Compensation Act 2001 (ACC Act). Under the ACC scheme, the Employee is covered for personal injury by accident, regardless of fault.
8.2 The Employee acknowledges that, under the ACC Act, they cannot bring proceedings against the Employer in respect of any personal injury covered by the ACC scheme.
8.3 If the Employee suffers a work-related injury or illness, the Employer will support the Employee’s ACC claim process and comply with the Employer’s obligations under the Health and Safety at Work Act 2015.
9. TERMINATION
9.1 Either party may terminate this Agreement by providing written notice as follows:
- Employer to Employee: [Employer Notice Period], or payment in lieu of notice at the Employer’s election.
- Employee to Employer: [Employee Notice Period].
9.2 The Employer may terminate the Employee’s employment without notice in the event of serious misconduct. Before any decision to dismiss the Employee is made, the Employer will follow a fair and reasonable process consistent with the good faith obligations in section 4 of the ERA.
9.3 On termination, the Employee must return all property belonging to the Employer and any accrued annual leave entitlements will be paid out in accordance with the Holidays Act 2003.
10. EMPLOYMENT RELATIONSHIP PROBLEMS
10.1 If the Employee has a problem with their employment, they are encouraged to raise the matter with the Employer in the first instance for informal resolution.
10.2 If the matter cannot be resolved informally, the following services are available:
- Mediation: Free mediation services are available through the Ministry of Business, Innovation and Employment (MBIE). Either party may request mediation.
- Employment Relations Authority (ERA): If mediation is unsuccessful, either party may apply to the ERA for a determination.
- Employment Court: Either party may challenge an ERA determination in the Employment Court.
10.3 Personal Grievance: The Employee must raise a personal grievance within 90 days of the date on which the action alleged to amount to a personal grievance occurred, as required by section 114 of the ERA.
11. GENERAL PROVISIONS
11.1 Policies and Procedures: The Employee must comply with all reasonable workplace policies, procedures, and codes of conduct implemented by the Employer from time to time.
11.2 Privacy: The Employer will collect, hold, use, and disclose the Employee’s personal information in accordance with the Privacy Act 2020 and the Information Privacy Principles.
11.3 Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to the Employee’s employment and supersedes all prior representations, agreements, and understandings.
11.4 Variation: Any variation to this Agreement must be in writing and signed by both Parties, as required by section 65(2)(b) of the ERA.
11.5 Governing Law: This Agreement is governed by the laws of New Zealand, including the Employment Relations Act 2000, the Holidays Act 2003, the Health and Safety at Work Act 2015, the KiwiSaver Act 2006, the Accident Compensation Act 2001, and the Privacy Act 2020. The Parties submit to the jurisdiction of the Employment Relations Authority and the courts of New Zealand sitting in [Governing Region].
IN WITNESS WHEREOF, the Parties have executed this Part-Time Employment Agreement on the date last signed below.
SIGNED for and on behalf of the EMPLOYER:
Employer: [Employer Name]
NZBN: [Employer NZBN]
Address: [Employer Address], [Employer City], [Employer Region] [Employer Postcode]
SIGNED by the EMPLOYEE:
Employee: [Employee Name]
Address: [Employee Address], [Employee City], [Employee Region]
Employer
________________
Signature
Employee
________________
Signature
What Is a Part-Time Employment Agreement (New Zealand)?
A Part-Time Employment Agreement in New Zealand sets out the duties, hours, pay, leave, and termination terms between employer and employee, consistent with the minimum entitlements guaranteed by the Employment Relations Act 2000. It defines duties, remuneration, working hours, leave, and termination procedures binding employer and employee.
Part-time employment is a significant and growing form of work in New Zealand, particularly in retail, hospitality, healthcare, education, and childcare. Part-time employees are permanent employees with full access to statutory protections and entitlements — they are not casual workers and should not be treated as such. The critical legal distinction between a part-time employee and a casual employee in New Zealand is the existence of guaranteed hours and a regular pattern of work. A part-time employee has both; a casual employee has neither.
The Employment Relations Act 2000 is the primary legislation governing employment relationships in New Zealand. It replaced the Employment Contracts Act 1991 and introduced a framework based on the principle of good faith. Section 4 of the ERA imposes a statutory duty of good faith on all parties to an employment relationship, requiring them to be active and constructive in maintaining a productive relationship. For part-time employees, good faith is particularly relevant when employers seek to vary working hours, change the regular work pattern, or make other decisions that affect the employee's ability to plan their lives around their agreed schedule.
A well-drafted Part-Time Employment Agreement documents the agreed terms of the part-time arrangement, confirms compliance with the ERA's mandatory content requirements under section 65, and protects both parties from disputes about hours, pay, and entitlements. The Holidays Act 2003 establishes minimum leave entitlements that apply to all permanent employees on a pro-rata basis, and the KiwiSaver Act 2006 requires employers to make compulsory retirement savings contributions for enrolled employees regardless of their hours.
When Do You Need a Part-Time Employment Agreement (New Zealand)?
A written Part-Time Employment Agreement is needed every time an employer in New Zealand engages a new permanent part-time employee. Since 6 May 2024, section 64A of the ERA requires employers to provide a written employment agreement before the employee starts work. This strengthened requirement means employers cannot wait until after commencement to prepare the agreement.
The most obvious reason a written part-time agreement is needed is legal compliance. Section 65 of the ERA makes it mandatory, and a failure to provide a written employment agreement can result in a penalty of up to $20,000 per breach imposed by the Employment Relations Authority. Beyond the penalty, the absence of a written record of agreed hours creates significant practical difficulties — without documented guaranteed hours, disputes about the nature of the employment relationship (part-time versus casual) become difficult to resolve and may be determined against the employer.
A written agreement is essential if the employer wishes to include a 90-day trial period under section 67A of the ERA. The trial period clause must be in the written employment agreement and agreed to before the employee starts work. Trial periods allow employers to assess suitability before full employment protections attach, but the strict procedural requirements must be met.
A Part-Time Employment Agreement is also needed when an employer is converting a full-time employee to part-time hours, for example following a flexible working arrangement request under the ERA. Documenting the new hours in a written agreement variation provides clarity for both parties. Similarly, when a business needs to reduce staffing hours for genuine operational reasons, having a clear written record of the agreed part-time arrangement protects both employer and employee.
The agreement should also document KiwiSaver obligations, health and safety responsibilities under the Health and Safety at Work Act 2015, and the personal grievance process and time limits under the ERA, to confirm the employee is fully informed of their rights from the first day of employment.
What to Include in Your Part-Time Employment Agreement (New Zealand)
A compliant Part-Time Employment Agreement for New Zealand must address the following key elements, each reflecting specific legislative requirements.
The good faith clause is foundational. Section 4 of the ERA imposes a duty of good faith on all parties that requires active, constructive, and responsive engagement. For part-time employees, good faith is particularly relevant to the process of varying hours and the right of the employee to have reasonable stability and predictability in their working schedule.
The guaranteed minimum hours clause is the most critical provision distinguishing a part-time agreement from a casual arrangement. It must specify the exact number of hours per week guaranteed to the employee. A range of hours is not appropriate — a fixed minimum must be stated. The regular pattern of work clause must document the specific days and times the employee is ordinarily expected to work, confirming the permanency and predictability of the engagement.
The variation process clause should describe how the regular pattern of work can be changed. Under the ERA, any agreed variation must be in writing. Good faith requires the employer to consult the employee and give reasonable notice before proposing a variation to hours or work pattern.
The remuneration clause must state the hourly rate of pay and confirm it meets or exceeds the adult minimum wage under the Minimum Wage Act 1983. The pay frequency and method of payment should also be specified. As a part-time employee is paid for actual hours worked, the hourly rate — not an annual salary — is the appropriate remuneration structure.
The KiwiSaver clause must specify the employer's contribution rate (minimum 3%) and acknowledge the automatic enrolment provisions for eligible new employees. The pro-rata leave entitlements section must reflect the statutory minimums under the Holidays Act 2003, applied proportionately to the employee's actual hours. The 90-day trial period clause (if included) must comply with section 67A of the ERA. The employment relationship problem resolution clause is mandatory under section 65(2)(a)(vi) of the ERA, which requires a plain language explanation of the services available for resolving employment relationship problems, including the 90-day time limit for raising a personal grievance. The forms-legal.com Part-Time Employment Agreement (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Part-Time Employment Agreement (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/employment/contracts/employment-agreement-part-time-new-zealand
"Part-Time Employment Agreement (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/employment/contracts/employment-agreement-part-time-new-zealand.
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author = {{Forms Legal}},
title = {Part-Time Employment Agreement (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/employment/contracts/employment-agreement-part-time-new-zealand}},
note = {Free legal document template. Based on Employment Relations Act 2000}
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Frequently Asked Questions
In New Zealand, a part-time employee is a permanent employee who works fewer hours than a full-time employee but has a regular and predictable pattern of work with guaranteed minimum hours each week. A part-time employee is entitled to all statutory leave entitlements under the Holidays Act 2003 on a pro-rata basis, including paid annual leave (4 weeks per year after 12 months), paid sick leave (10 days per year after 6 months), bereavement leave, and public holidays. By contrast, a casual employee has no guaranteed hours and no regular pattern of work — they are engaged on an as-needed basis for each shift. Casual employees in New Zealand do not receive paid annual leave or sick leave in the same way; instead, holiday pay is typically paid as an additional amount on top of each pay (currently 8% of gross earnings). The Employment Relations Act 2000 does not contain a statutory definition of 'casual', which means the true nature of the employment relationship is determined by looking at the practical reality of how the parties work together.
Yes. Under section 65 of the Employment Relations Act 2000, every employment agreement must include the hours of work agreed between the employer and employee. For a part-time employee, this means the agreement must specify the guaranteed minimum hours per week and the regular pattern of those hours (days, start times, and finish times). The ERA further requires that any agreed variation to working hours must also be in writing (section 65(2)(b)). This is consistent with the good faith obligations in section 4 of the ERA, which require employers to be responsive and communicative when making decisions that affect employees. A failure to document agreed hours can lead to disputes before the Employment Relations Authority about whether an employee is part-time or casual, which affects their entitlement to paid leave and other statutory benefits.
Part-time employees in New Zealand accrue paid annual leave on the same basis as full-time employees — 4 weeks per year of service under section 16 of the Holidays Act 2003 — but calculated on a pro-rata basis proportionate to their ordinary hours. Annual leave entitlement is expressed in weeks, not hours, which means a part-time employee's 4 weeks of leave is measured in terms of their actual working weeks (not a full-time employee's working weeks). When annual leave is taken, the employee is paid the higher of their ordinary weekly pay or their average weekly earnings for the period of leave, as calculated under sections 21 and 22 of the Holidays Act 2003. Annual leave accrues progressively during the first 12 months and is first available after 12 months of continuous employment. The employer may, by agreement, allow the employee to anticipate annual leave before it has been earned.
KiwiSaver obligations under the KiwiSaver Act 2006 apply equally to part-time employees. Employers must make compulsory contributions of at least 3% of the employee's gross wages for all employees who are enrolled in KiwiSaver, regardless of whether the employee works full-time or part-time. There is no minimum hours or earnings threshold for KiwiSaver entitlement in New Zealand. New part-time employees aged 18 to 64 who are NZ citizens or permanent residents are automatically enrolled in KiwiSaver when they start a new job, unless they are already a member or opt out within the prescribed period (typically within 8 weeks of starting work). Part-time employees can choose to contribute at rates of 3%, 4%, 6%, 8%, or 10% of their gross pay. The employer's KiwiSaver contributions are subject to Employer Superannuation Contribution Tax (ESCT), calculated based on the employee's income.
Yes. A part-time employee in New Zealand is only required to work the hours guaranteed in their employment agreement and agreed in their regular pattern of work. An employer can request that a part-time employee work additional hours, but the employee is generally not obliged to accept. The Employment Relations Act 2000 requires both parties to act in good faith, which means the employer must consult the employee and give reasonable notice before varying their hours. If a part-time employee consistently works more hours than their agreed guaranteed minimum over an extended period, there may be an argument that the agreement has been varied by conduct, in which case the agreed hours should be updated in writing to reflect the reality of the working arrangement. The failure to accurately document hours can create risk for employers, particularly in relation to annual leave calculations under the Holidays Act 2003.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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