Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Recovery of wages

130: Wages and time record

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"Your employer must keep a record of your pay and the hours you work."

Your employer must keep a record of your wages and time worked, this is called a wages and time record. This record must show your name, age if you are under 20, postal address, and the kind of work you do. It must also show how many hours you work each day and how much you get paid.

Your employer must keep the wages and time record in written form or in a way that allows the information to be easily accessed and converted into written form. If you work the same hours every day, your employer can just record those hours and your pay in the wages and time record, your employment agreement, or a roster. If you are paid a salary, your usual hours include any extra hours you work as part of your job.

You can ask your employer to see your wages and time record at any time, and they must give it to you right away. You can also ask for a copy of the record or part of it from the last six years. If your employer does not keep a wages and time record or does not give it to you when you ask, they can get in trouble and have to pay a penalty.

A Labour Inspector can also take your employer to court to get the penalty. Your employer must follow the rules about wages and time records, and you have the right to see your record and make sure it is correct. You can find more information about employment relations education leave in Part 7.

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Part 9Personal grievances, disputes, and enforcement
Recovery of wages

130Wages and time record

  1. Every employer must at all times keep a record (called the wages and time record) showing, in the case of each employee employed by that employer,—

  2. the name of the employee:
    1. the employee's age, if under 20 years of age:
      1. the employee's postal address:
        1. the kind of work on which the employee is usually employed:
          1. whether the employee is employed under an individual employment agreement or a collective agreement:
            1. in the case of an employee employed under a collective agreement, the title and expiry date of the agreement, and the employee's classification under it:
              1. the number of hours worked each day in a pay period and the pay for those hours:
                1. the wages paid to the employee each pay period and the method of calculation:
                  1. details of any employment relations education leave taken under Part 7:
                    1. such other particulars as may be prescribed.
                      1. The wages and time record must be kept—

                      2. in written form; or
                        1. in a form or in a manner that allows the information in the record to be easily accessed and converted into written form.
                          1. If an employee’s number of hours worked each day in a pay period and the pay for those hours are agreed and the employee works those hours (the usual hours), it is sufficient compliance with subsection (1)(g) if those usual hours and pay are stated in—

                          2. the wages and time record; or
                            1. the employment agreement; or
                              1. a roster or any other document or record used in the normal course of the employee’s employment.
                                1. In subsection (1B), the usual hours of an employee who is remunerated by way of salary include any additional hours worked by the employee in accordance with the employee’s employment agreement.

                                2. Despite subsection (1C), the employer must record any additional hours worked that need to be recorded to enable the employer to comply with the employer’s general obligation under section 4B(1).

                                3. Every employer must, upon request by an employee or by a person authorised under section 236 to represent an employee, provide that employee or person immediately with access to or a copy of or an extract from any part or all of the wages and time record relating to the employment of the employee by the employer at any time in the preceding 6 years at which the employer was obliged to keep such a record.

                                4. Repealed
                                5. Every employer who fails to comply with any requirement of this section is liable to a penalty imposed by the Authority.

                                6. An action to recover a penalty under subsection (4) may also be brought by a Labour Inspector.

                                Compare
                                • 1991 No 22 s 47
                                Notes
                                • Section 130(1)(g): replaced, on , by section 11(1) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                • Section 130(1A): inserted, on , by section 11(2) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                • Section 130(1B): inserted, on , by section 11(2) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                • Section 130(1C): inserted, on , by section 11(2) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                • Section 130(1D): inserted, on , by section 11(2) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                • Section 130(3): repealed, on , by section 11(3) of the Employment Relations Amendment Act 2016 (2016 No 9).
                                • Section 130(5): inserted, on , by section 11(4) of the Employment Relations Amendment Act 2016 (2016 No 9).