# Hiring in New Zealand

Review edition — pending Theo Smith approval.

## What must happen before the person starts?

Every employee must have a written employment agreement. A valid trial period of up to 90 days must be agreed and signed before work begins; a trial cannot be added after the person starts.

Applies to: New Zealand trial-period eligibility and immigration conditions require checking

Still to establish: Prior employment, visa restrictions, signed terms and payroll prerequisites

- Prior employment, visa restrictions, signed terms and payroll prerequisites

Next step: Confirm Prior employment, visa restrictions, signed terms and payroll prerequisites.

- [Employment New Zealand](https://www.employment.govt.nz/starting-employment/hiring/trial-periods)

Checked 2026-09-28. Research status: partial.

## What sets the earliest start date?

Every employee must have a written employment agreement. A valid trial period of up to 90 days must be agreed and signed before work begins; a trial cannot be added after the person starts.

Applies to: New Zealand trial-period eligibility and immigration conditions require checking

Still to establish: Prior employment, visa restrictions, signed terms and payroll prerequisites

- Prior employment, visa restrictions, signed terms and payroll prerequisites

Next step: Confirm Prior employment, visa restrictions, signed terms and payroll prerequisites.

- [Employment New Zealand](https://www.employment.govt.nz/starting-employment/hiring/trial-periods)

Checked 2026-09-28. Research status: partial.

## What must the agreement contain?

Every employee must have a written employment agreement. A valid trial period of up to 90 days must be agreed and signed before work begins; a trial cannot be added after the person starts.

Applies to: New Zealand trial-period eligibility and immigration conditions require checking

Still to establish: Prior employment, visa restrictions, signed terms and payroll prerequisites

- Prior employment, visa restrictions, signed terms and payroll prerequisites

Next step: Confirm Prior employment, visa restrictions, signed terms and payroll prerequisites.

- [Employment New Zealand](https://www.employment.govt.nz/starting-employment/hiring/trial-periods)

Checked 2026-09-28. Research status: partial.

## How do we switch EORs or move to our own entity?

Employment agreements must contain employee-protection provisions for restructuring. Specified sectors have additional transfer protections.

Applies to: New Zealand business sale or transfer/contracting-out; determine employee category before deciding transfer rights.

Still to establish: Current Part 6A coverage, actual agreement provisions, consultation, leave treatment and immigration

- Classify the transaction under current local transfer/succession law.
- Determine consent, consultation, service, leave and historic-liability treatment.
- Confirm permits, payroll handover, provider termination and deposit recovery from actual documents.
- Current Part 6A coverage, actual agreement provisions, consultation, leave treatment and immigration



- [www.employment.govt.nz](https://www.employment.govt.nz/starting-employment/rights-and-responsibilities/employee-rights-and-responsibilities)

Checked 2026-09-28. Research status: partial.

## How do we manage employment after onboarding?

Employers proposing changes that affect jobs must have genuine business reasons, consult affected employees and follow a fair and reasonable process.

Applies to: New Zealand employment workplace changes; not an independent-contractor termination rule.

Still to establish: Affected employees, agreements, redeployment, selection, notice and remedies

- Confirm the specific change or payroll event and applicable statutory/collective rules.
- Identify who can approve and sign, required notice/consent, and employee remedies.
- Validate payroll timing, accrued entitlements and employer documentation for the worker.
- Affected employees, agreements, redeployment, selection, notice and remedies



- [www.employment.govt.nz](https://www.employment.govt.nz/fair-work-practices/restructuring-and-workplace-change/the-basics-of-workplace-changes)

Checked 2026-09-28. Research status: partial.