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Working Time Download. Performance Management Download. Discipline at Work Download. Redundancy Download. Fixed-term contracts normally end automatically when they reach their agreed finishing point, so there is no need for your employer to give you notice. However, your employer must still act fairly and follow any dismissal procedure if necessary. If you are on a fixed-term contract, no notice of the contract reaching its end date will need to be given by your employer.
However, failing to renew a fixed-term contract is considered to be a dismissal. You have the right:. If your contract states you should have been employed for one month or less, but you have actually been employed for three months or more, you are still entitled to the minimum notice period of one week. If you have been employed for one month or longer, then you must give your employer the statutory minimum notice of one week.
If your contract states that you should give a longer notice period than the statutory minimum, then you have to give your employer this length of service. If your employer wants to end your fixed-term contract early you should check the terms of your contract.
If it says your employment can be ended early and your employer has given proper notice, there is little you can do. However, if it doesn't say anything, your employer may be in breach of contract.
An employee can be kept on successive fixed-term contracts for a limit of four years. If your contract is renewed after that you become a permanent employee unless the employer can show a good reason why you should stay on a fixed-term contract. The limit can be changed by employers and employees agreeing a 'workforce' or 'collective' agreement. Workplace or collective agreements can vary the limit on the length or number of successive contracts used by an employer. They can also limit the use of successive contracts and set a list of reasons to justify renewals of fixed-term contracts.
If you are offered a renewed contract on less favourable terms than the original contract, you can refuse to accept it.
You can then try to negotiate with your employer. If they will not change the terms, you will need to choose between accepting the amended contract or treating the contract as being at an end.
Have a question that hasn't been answered? Fill in the form below and one of our experts will contact you back. Guides in this category View all. Collective Bargaining. Employment Law Changes. Secondary Employment. Ending an Employment Contract. Other guide categories View all categories. Annual Leave and Other Leave. Dismissal and Termination. Employment Contracts and Legislation.
Employment Relations in New Zealand. However, if there is a reduced need for employees to do a particular type of work, the real reason is likely to be redundancy. This means that employers should follow a fair redundancy process including applying objective selection criteria to employees in the redundancy pool. Choosing not to renew fixed-term employees purely on the basis of their fixed-term status is likely to be unlawful less favourable treatment and give rise to a claim for unfair dismissal.
It also means that fixed-term employees whose contracts are not renewed may be entitled to a statutory and if available to permanent employees an enhanced redundancy payment.
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