With the end of 2024 swiftly approaching, MBIE’s Labour Inspectorate is reminding employers and employees of their rights and responsibilities during the upcoming public holidays on 25 and 26 December, and 1 and 2 January.

Simon Humphries, Head of Labour Inspectorate, says it’s important for employees to know their minimum rights on public holidays, and for employers to understand their obligations.

“If a public holiday falls on a day that employees would otherwise be working, the employer must still pay them a full paid day off,” says Mr Humphries.

“If employees are working on a public holiday, then they’re entitled to be paid time and a half, and they may also get an alternative day off.”

Employees can only be made to work on a public holiday if it falls on a day that they would normally be working, or if their employment agreement confirms that they should be working on the public holiday.

Christmas Day is a restricted trading day, meaning that almost all shops must be closed on 25 December under the Shop Trading Hours Act 1990 unless exempted.

“There are exemptions and some types of shops that can open, such as service stations, dairies, small superettes, and vegetable shops, among others,” says Mr Humphries.

“Shops that do not fit into one of the exemptions commit an offence if they are open and the ‘occupier’ of the shop may be liable for a fine of up to $1,000. The occupier of a shop could include any agent, manager, supervisor or person acting in control of the shop.”

For further information on public holidays, employers’ responsibilities and employee rights, please see Public holidays | Employment New Zealand.

For further information on stores exempt from restricted trading days, please see Restricted trading days for shops | Employment New Zealand.

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