Recovery of wages

130 Wages 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,—

(a)

the name of the employee:

(b)

the employee’s age, if under 20 years of age:

(c)

the employee’s postal address:

(d)

the kind of work on which the employee is usually employed:

(e)

whether the employee is employed under an individual employment agreement or a collective agreement:

(f)

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:

(g)

the number of hours worked each day in a pay period and the pay for those hours:

(h)

the wages paid to the employee each pay period and the method of calculation:

(i)

details of any employment relations education leave taken under Part 7:

(j)

such other particulars as may be prescribed.

(1A)

The wages and time record must be kept—

(a)

in written form; or

(b)

in a form or in a manner that allows the information in the record to be easily accessed and converted into written form.

(1B)

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—

(a)

the wages and time record; or

(b)

the employment agreement; or

(c)

a roster or any other document or record used in the normal course of the employee’s employment.

(1C)

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.

(1D)

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).

(2)

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.

(3)

[Repealed]

(4)

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

(5)

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

Compare: 1991 No 22 s 47

Section 130(1)(g): replaced, on 1 April 2016, by section 11(1) of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 130(1A): inserted, on 1 April 2016, by section 11(2) of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 130(1B): inserted, on 1 April 2016, by section 11(2) of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 130(1C): inserted, on 1 April 2016, by section 11(2) of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 130(1D): inserted, on 1 April 2016, by section 11(2) of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 130(3): repealed, on 1 April 2016, by section 11(3) of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 130(5): inserted, on 1 April 2016, by section 11(4) of the Employment Relations Amendment Act 2016 (2016 No 9).