Employment agreements and trial periods explained

Before you start a new job, you should receive a written employment agreement. Here is what it must include, how trial and probation periods work, and what to check before you sign.

ManyJobs guide · Checked against official sources on 3 November 2026 · General information, not tax, legal or immigration advice.

Every employee in New Zealand must have a written employment agreement, whether they are permanent, fixed-term, part-time or casual. Your employer must give you a copy of the proposed agreement, tell you that you can get independent advice, and give you a reasonable time to consider it before you sign. Employment New Zealand has detailed guidance and an employment agreement builder that shows what a complete agreement looks like.

What an agreement must include

• The names of you and your employer.
• A description of the work you will do.
• Where you will work.
• The agreed hours of work, or an indication of them, and any availability provisions.
• Your wage or salary rate and how often you will be paid.
• A plain-language explanation of how to resolve employment relationship problems, including the 90-day time limit for raising a personal grievance.
• That you will be paid at least time and a half if you work on a public holiday.
• For fixed-term roles, when or how the job will end and the genuine reason for the fixed term.

Most agreements also cover leave, KiwiSaver, notice periods, uniforms, confidentiality and any trial or probation period.

Individual and collective agreements

If there is a collective agreement covering your type of work and you are a member of the union, your terms come from that collective agreement. For the first 30 days in a role covered by a collective agreement, a new employee who is not a union member is employed on terms based on that agreement, and you can choose to join the union. Ask your employer whether a collective agreement covers your job.

Trial periods

A trial period lets an employer dismiss a new employee within the first 90 days without the employee being able to bring a personal grievance for unjustified dismissal. Strict conditions apply: the trial must be agreed in writing in the employment agreement before you start work, it can only apply to someone who has not worked for that employer before, and it can last no more than 90 calendar days. The rules about which employers can use trial periods have changed several times in recent years, so check Employment New Zealand's trial periods page for the current position.

Even during a trial period, you keep your other employment rights: you must be paid correctly, receive your leave entitlements, have a safe workplace and be free from discrimination and harassment. If your employer dismisses you under a valid trial period, they must give notice within the trial period.

Probation periods

A probation period is different. It is a period, often several months, in which your employer assesses your performance and gives you feedback. If problems arise, the employer must still follow a fair process, explain their concerns and give you a reasonable chance to improve before deciding to end your employment. A probation period does not remove your right to raise a personal grievance.

Employees and contractors

Some roles are offered as independent contractor arrangements instead of employment. Contractors are not entitled to minimum wage, holiday pay or sick leave, and they pay their own tax. The difference depends on the real nature of the relationship, not just the label, and recent law changes have set out tests for some situations. If an offer describes you as a contractor but the work looks like a normal job with a set roster and supervision, ask questions and read Employment New Zealand's guidance on types of workers.

Before you sign: a checklist

• Does the agreement match what you were told about hours, pay and location?
• Are guaranteed hours stated, or only "as required"?
• Is there a trial or probation period, and is it clearly worded?
• How much notice must you give if you leave?
• Are there deductions, such as for uniforms, and have you agreed to them?
• Have you had time to get advice if you wanted it?

Keep a signed copy of your agreement. Your employer must keep one too and give you another copy if you ask.

Related guides: comparing job offers and leave and public holidays.