Employment Contracts for Seasonal Workers

In September, important changes were announced to the Recognised Seasonal Employee Scheme (RSE) to support the growth of New Zealand horticulture and viticulture.

A notable change is the increase for the 2024–25 season RSE cap where 1,250 more workers can obtain an RSE Visa, thus increasing the cap to 20,750 workers.

Changes for employers

Employers are no longer required to offer their employees an average of 30 hours per week. Instead, they must offer a 30-hour minimum week calculated over a four-week period, for example: 120 hours within a four-week period. This is to account for fluctuation of working hours for weather-dependent roles and to minimise the number of hours having to be paid for unworked hours.

Previously all workers had to be paid at least 10% above the minimum wage. This is now only applicable where the worker is returning for their third or subsequent season, otherwise RSE workers only need to be paid at least minimum wage.

Employers may now impose a temporary increase on accommodation costs of 15% or $15.00, whichever is lesser of the two, for a 12-month period. If, however, the RSE employee was offered an accommodation cost agreement before 2 September 2024, then an increase cannot be imposed.

An employee’s ability to move between employers/regions has now increased from 14 to 21 days either side of the worker’s current move date where it is approved by the Agreement to Recruit (ATR). This is beneficial for employers with multiple worksites.

Changes for employees

RSE employees are now eligible for multi-entry visas, allowing them to return home for important events without needing to apply for another visa.

RSE employees may also be able to train, study or develop their skills while living in New Zealand, even if it does not directly relate to their role. They will, however, need to ensure they still meet their employment agreement requirements.

There is also no longer a requirement to be screened for HIV.

In response to these changes, RSE employer/employee actions may differ, depending on where you are in the ATR process.

If you are unsure of your obligations, don’t hesitate to contact us.

 DISCLAIMER: All the information published is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in this newsletter may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2019. Editor: Adrienne Olsen. E-mail: adrienne@adroite.co.nz. Ph: 029 286 3650 or 04 496 5513.