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Employment Relations Act 2000

Individual employees' terms and conditions of employment - Individual employment agreements

64: Employer must retain copy of individual employment agreement or individual terms and conditions of employment

You could also call this:

"Your boss must keep a copy of your job agreement so you can see what you agreed to."

When you have a job, your employer must keep a copy of your employment agreement. This is a special document that says what you will do and what your employer will do. Your employer must keep this copy even if you have not signed it.

If your employer gives you a document with the terms and conditions of your job, they must keep a copy of it. They must make sure you do not have the only copy and that their copy is easy to access. You can ask your employer for a copy of your employment agreement at any time.

If your employer does not keep a copy of your employment agreement, they can get in trouble. A Labour Inspector can take them to court and they might have to pay a penalty. Before this happens, the Labour Inspector will give your employer a chance to fix the problem.

Your employer must keep a copy of your employment agreement as per section 63A of the Employment Relations Act. If you have not signed or agreed to the terms and conditions, it is not your official employment agreement. The employer’s copy must be readily accessible, as stated in section 63A(2)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59155.

Topics:
Work and jobs > Worker rightsBusiness > Industry rules
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63B: Additional employer obligations when bargaining for terms and conditions of employment under section 62, or

"Employers must tell new workers about unions and collective agreements when hiring"

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65: Form and content of individual employment agreement, or

"What Your Job Agreement Should Look Like and Include"

Part 6Individual employees' terms and conditions of employment
Individual employment agreements

64Employer must retain copy of individual employment agreement or individual terms and conditions of employment

  1. When section 63A applies, the employer must retain a signed copy of the employee's individual employment agreement or the current terms and conditions of employment that make up the employee's individual terms and conditions of employment (as the case may be).

  2. If an employer has provided an employee with an intended agreement under section 63A(2)(a), the employer must retain a copy of that intended agreement even if the employee has not—

  3. signed the intended agreement; or
    1. agreed to any of the terms and conditions specified in the intended agreement.

      1. The employer’s obligation to retain an individual employment agreement or individual terms and conditions of employment under subsection (1), or an intended agreement under subsection (2), includes obligations to ensure that—

      2. the employee does not hold the only copy of the agreement, individual terms and conditions of employment, or intended agreement; and
        1. the employer’s copy of the agreement, individual terms and conditions of employment, or intended agreement is readily accessible.

          1. If requested by the employee, the employer must, as soon as is reasonably practicable, provide the employee with a copy of the employee's—

          2. individual employment agreement or current terms and conditions of employment retained under subsection (1); or
            1. intended agreement retained under subsection (2).

              1. An employer who fails to comply with subsection (1), (2), or (3) is liable, in an action brought by a Labour Inspector or the employee concerned, to a penalty imposed by the Authority.

              2. Before bringing an action under subsection (4), the Labour Inspector must—

              3. give the employer written notice of the breach of this section; and
                1. give the employer 7 working days to remedy the breach by producing a copy of the agreement that was retained in accordance with subsection (1) or (2), or providing a copy of the agreement to the employee in accordance with a request under subsection (3) (as applicable).

                  1. To avoid doubt, an intended agreement must not be treated as the employee's employment agreement if the employee has not—

                  2. signed the intended agreement; or
                    1. agreed to any of the terms and conditions specified in the intended agreement.

                      Notes
                      • Section 64: substituted, on , by section 11 of the Employment Relations Amendment Act 2010 (2010 No 125).
                      • Section 64(2A): inserted, on , by section 9(1) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                      • Section 64(4): amended, on , by section 7 of the Employment Relations Amendment Act 2016 (2016 No 9).
                      • Section 64(5)(b): replaced, on , by section 9(2) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).