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Employment

Who is an employee?

An employee is a person who has agreed to be employed to work for some form of payment under a contract of service. Under Individualised Funding, an employee is engaged by the person receiving disability funding, or their nominated agent, to provide them with support. Manawanui does not employ support workers on behalf of customers.

Click here for a Basic Guide to Recruitment

I am an employee of a Manawanui customer – who can I talk to about my wages or another aspect of my employment?

If you have any concerns or questions about your wages, then you should speak to your employer. They can contact us for any additional information they need to address your concerns.
Manawanui is not your employer, and so we can’t provide you with advice.

What is the difference between an employee and a contractor?

An employee is a person employed to do any work for hire or reward under a contract of services, commonly called an employment agreement.
The hire or reward is usually a wage or salary. Employees have minimum employment rights under employment laws, such as:
• Paid at least the minimum wage
• Have holiday and leave entitlements
• Have a written employment agreement
• The right to take a personal grievance Self-employed people, also called contractors or independent contractors are engaged by a principal (the other party) to perform services under a contract for services, commonly called an independent contractor agreement (IEA).

Contractors invoice the principal for their services, pay their own tax (unless they are receiving schedular payments) and ACC levies. Many employment laws do not apply to contractors. This means they don’t get things like annual leave or sick leave, and they can’t bring personal grievances.

Click here for an information sheet you can read or download and print

Click here for a Contractor Agreement Form
Clickhere for a Schedular Contractor Agreement Form

Who is a permanent employee (full or part-time)?

These are the most common type of employee. Permanent employees have the full set of employment rights and responsibilities. Employees have to meet certain criteria to qualify for some employment entitlements, such as parental leave, parental leave payments, annual holidays, sick leave and bereavement leave. There may be small differences between full time or part time employees due to their work patterns.

Who is a fixed term employee (full or part-time)?

A fixed-term (temporary) employee’s employment will end on a specified date or when a particular event occurs. A fixed-term employee might be someone who is brought in to replace another employee on parental leave, to cover a seasonal peak or to complete a project. There must be a genuine reason based on reasonable grounds for the fixed term. You must explain this reason to the employee.

What is the difference between part-time and full-time employees?

Whether you are considered to be part-time or full-time depends on how many hours you have to work.
Employment legislation does not define what full-time or part-time work is, but full-time work is often considered to be around 35 to 40 hours a week.
You have the same employment rights and responsibilities if you are a part-time or full-time employee. A full-time permanent employee might be someone working 9am to 5pm, five days a week. An example of a part-time permanent employee is someone who regularly works the same three days a week for eight hours each day, for a total of 24 hours a week.

Who is a casual employee?

Employment legislation does not define ‘Casual employee’. However, the term often refers to a situation where the employee has no guaranteed hours of work, no regular pattern of work, and no ongoing expectation of employment.

The employer does not have to offer work to the employee, and the employee does not have to accept work when offered. The employee works as and when it suits both them and the employer. This can sometimes happen because it’s hard for the employer to predict when they will need someone to work, or when they need the work done quickly.
Each time the employee accepts an offer of work it is treated as a new period of employment.

Employment rights and responsibilities also apply to casual employees, but the way annual holidays, sick and bereavement leave are applied can vary for these employees.

How much should I pay my employee?

You agree the rate you are going to pay your support workers with them. However, there is an expectation that hourly rates are reasonable and reflect the employee's work.

For example, if you are engaging a registered nurse to provide advanced care, you would expect to pay that person about the same rates as other nurses, which is more than you would typically pay to a person performing housekeeping duties.

There are specific minimum pay rates for employees in the disability sector based on the Pay Equity Settlement Act. These rates are based on your employees’ qualifications such as the NZ Certificates in Health & Wellbeing or other equivalent qualifications. A list of equivalent qualifications can be found on the Careerforce website.

Note that self-employed contractors are not subject to minimum wage rates. Therefore, you can pay them less than the minimum wage if you both agree to this.

Qualification                                Hourly rate
Level 0 (no qualifications)              $21.50
Level 2 qualifications                      $23.00
Level 3 qualifications                      $25.00
Level 4 qualifications                      $27.00

Do I have to pay for my employees to get qualifications?

An employer must take all reasonably practicable steps to ensure that a support worker is able to attain qualifications. You can use your IF to pay for this training if you have sufficient funds.
You may also be eligible for a Training Grant from Te Pou that will cover a portion of the training costs. Manawanui can help you with any grant applications and has assessors.
Contact our Learning & Training team for more information by emailing learning@manawanui.org.nz
 

What is Pay Equity?

The Care and Support Workers (Pay Equity) Settlement Act 2017 came into effect on July 1, 2017. It set minimum pay rates for eligible workers based on their qualifications. These rates increased each year for three years, with the final increase coming into effect in July 2021.
Please refer to ‘How much should I pay my employee’ for those details.

My employee has just resigned – what should I do?

You can update their details in the Customer Portal. If you are not using the Portal, you will need to send us an Employee Resignation form.
If necessary, you will need to submit any outstanding time sheets and leave forms to the Payroll Team. Your employee will receive a final pay that includes any leave owing.

Click here to access an Employee Resignation - Termination form

Employment documents and forms you may find useful

Manwanui has many useful documents related to employing support workers. Click on the links below to access them, or call our Customer Experience Centre for more help. 

Basic Recruitment Guide

Support Worker Privacy Declaration

Employee Information Form

Change Employee Details Form

Employee or Contractor? Information sheet