Secondary Employment Guide for NZ Employers

Secondary employment is when an employee works more than one job at the same time. For example, someone might work full-time in an office during the week and pick up casual weekend work at a café. In New Zealand, this is common, especially as people look for extra income, flexibility, or experience in different industries.

For businesses, secondary employment can raise questions about performance, health and safety, working hours, and potential conflicts of interest. It also connects to employment law, including how contracts are written and what rights employees have. Employers need to balance supporting staff while protecting business needs.

In this guide you’ll learn:

• The meaning of secondary employment and how it works in New Zealand
• Key employment law rules and employee rights
• How secondary employment tax is applied
• Practical steps for employers to manage situations fairly
  
  

What Is Secondary Employment?

Secondary employment means an employee has another job alongside their main role. In New Zealand, this could be a second part-time role, casual contract work, or seasonal employment.

For example, a retail worker in Auckland might pick up evening shifts as a rideshare driver. This doesn’t make them a “secondary employee” or mean they lose rights. All employees in New Zealand are protected under the same legal employment rules, no matter how many jobs they hold.

Why Secondary Employment Matters for NZ Employers

Employers often ask: What is secondary employment in NZ, and how does it affect us? The answer depends on business needs and the type of contract.

• Workload and fatigue: A tired employee might struggle to meet expectations in their primary job.
• Conflicts of interest: An employee working for a competitor could expose business risks.
• Health and safety: Under New Zealand employment law, employers must make sure work hours are safe and reasonable. This applies even if the employee has multiple jobs.
• Contract terms: If an employment contract does not mention secondary employment, it can create confusion about rights and responsibilities.

‍

Secondary Employment and Employment Law in New Zealand

Contracts and Restrictions

‍

In most cases, employees in New Zealand have the right to take on secondary employment unless their contract restricts it. Any restrictions must be fair and reasonable. For example, a clause that prevents someone from working for a direct competitor is usually acceptable. But banning all outside work without reason could be seen as unfair under NZ employment law.

Employers should also keep an eye on NZ employment law changes 2025, as updates may affect how restrictions are applied in contracts.

‍

Employee Rights

‍

Employees keep their full set of rights, no matter how many jobs they hold. Under employee rights, they are entitled to the minimum wage, holiday pay, and rest breaks. If an employer in Auckland or elsewhere tries to deny these, the employee can seek help through Employment New Zealand.

If there is no employment contract in place, problems around secondary employment become more complex. Employers should always issue a written contract to avoid disputes and ensure compliance.

‍

Best Practices for Employers Managing Secondary Employment

• Be clear in contracts: State if and when secondary employment is restricted, and explain why.
• Talk openly with employees: Encourage staff to tell you about extra jobs that could impact performance or create risks.
• Check workloads: Watch for signs of fatigue or burnout.
• Keep it fair: Apply the same rules to all staff. Unfair treatment can lead to disputes, including personal grievances.
• Stay compliant: Make sure restrictions align with legal employment standards and avoid breaching the Employment Relations Act.

Related Employment Law Considerations

‍

Secondary employment often links to wider issues under New Zealand employment law, including:

• Termination: If secondary employment leads to serious problems, employers must follow a fair process under NZ employment law termination rules.
• Redundancy: Changes to staffing, such as employment law redundancy, may also raise questions about outside work.
• Bullying and conflicts: If secondary employment causes disputes, employers should know their obligations under employment law bullying protections.
  

For tailored advice, businesses can seek employee rights free advice through official channels or specialist HR partners like People & Culture.

‍

Key Takeaways for Employers

• Employees in New Zealand can usually take secondary employment unless contracts state otherwise.
• Any restrictions must be fair, reasonable, and linked to genuine business needs.
• Employers remain responsible for health and safety, even if staff work multiple jobs.
• Secondary employment tax applies, and the correct tax code must be used for each job.
• Open conversations and clear policies reduce risk of conflict or poor performance.
• Staying aligned with NZ employment law helps avoid personal grievances or disputes.

‍