The Labour Inspectorate works to ensure businesses comply with employment standards so that employees receive their minimum employment rights, and employers operate in fair marketplaces that are free from non-compliant businesses with unfair advantages.

 

Labour inspectors can visit your business as part of investigating a complaint. They can also choose to proactively visit any business to check on compliance with employer obligations as part of their ongoing monitoring of employment standards across the labour market.

 

It is important for employers to keep accurate records as part of your good business practices, and to have a good understanding of compliance with meeting your employee’s rights and entitlements. “Our inspectors can ask to see your employment records, for example, copies of signed employment agreements and other documentation such as hours worked by employees, and pay and leave records for your employees.” says David Milne, Compliance Manager Northern for the Labour Inspectorate. “Employers must provide this information when asked or our inspectors can choose to take action for non-compliance.”

 

“Good compliance with employment standards is good for your business and the sector,” says Mr Milne, who also leads the Labour Inspectorate’s engagement with the hospitality sector. “We want to work with employers to help make sure you have good business practices and systems in place so that you can easily meet your employer obligations, that you are supported in correcting any minor issues, and that you have clear, fair and consistent expectations set out for your employees and in your workplace.”

 

Labour inspectors can visit your business and workplace at any reasonable hour, they can also bring others who are qualified to support their visit if required. Our inspectors can speak with your employees to make sure employment standards are met in the workplace. If the employer is not present when our inspectors visit, we can continue with the visit and speak with your employees. Our inspectors will leave a notice for you to let you know of the visit.

 

“We appreciate your workplace can be busy and may have customers present when we visit, our inspectors will work with you to make sure there is minimal disruption to your business, employees and customers,” says Mr Milne. “We also understand it can be unsettling at first to see our inspectors visit your workplace. This is a necessary part of our work. Our inspectors will clearly explain the reason for our visit, and we encourage open conversations with us and welcome questions from you and your employees.”

 

Our Employment New Zealand website has a range of online tools and information resources to help employers understand their rights and responsibilities, and to give you the confidence in complying with employment standards and meeting your employer obligations.

 

Our Employment Agreement Builder can help you make sure you have everything covered in an employment agreement, and to make clear the expectations and entitlements for your employees. We also have information on our website to help with common employment questions such as the different types of work arrangements, pay and holiday entitlements, and how to prevent and resolve employment problems.

 

There are additional requirements for employers hiring migrant workers. Employers who have breached employment standards are restricted from hiring migrant workers and are unable to support visa applications for a set period of time, this is referred to as a ‘stand-down period’. A current list of employers on a stand-period is available on our website.

 

For more information about the Labour Inspectorate, or for help with your employment questions, see our website: employment.govt.nz

 

FAQs about the Labour Inspectorate

Q:       What kind of questions will be/can be asked of employers?

A:        Our inspectors can ask to see your employment records, for example, copies of signed employment agreements and other documentation such as hours worked by employees, and pay and leave records for your employees.

Q:        How can an employer identify a labour inspector, and do they have a right to ask a labour inspector to identify themselves?

A:        Labour Inspectors carry warrants. If someone comes to a workplace and says they are a Labour Inspector, but the employer is not sure that this is true, the employer should ask to see their warrant.

Q:       What right does an employer have if a labour inspector visits at an unsuitable/busy time during a rush hour?

A:        Labour inspectors can visit your business and workplace at any reasonable hour, they can also bring others who are qualified to support their visit if required. We appreciate your workplace can be busy and may have customers present when we visit, our inspectors will work with you to make sure there is minimal disruption to your business, employees and customers.

Q:       Can labour inspectors talk to staff? If yes, how many, and/or who?

A:        Our inspectors can speak with your employees to make sure employment standards are met in the workplace. If the employer is not present when our inspectors visit, we can continue with the visit and speak with your employees. Our inspectors will leave a notice for you to let you know of the visit.

 

For more information about the Labour Inspectorate, see our website: employment.govt.nz/employment-new-zealand/about-us#scroll-to-5