A 90 day trial period in New Zealand is valid only when three things are true: it lasts no longer than 90 calendar days, you have never worked for that employer before, and it starts at the beginning of the job. It must also be written into an employment agreement that you signed before your first day. And if you are coming on an Accredited Employer Work Visa (AEWV), there should be no trial period at all: Immigration New Zealand does not allow them for AEWV workers.
This guide is for anyone about to sign a New Zealand job offer, whatever passport you hold. Immigration New Zealand says everyone in New Zealand, migrants included, has the same minimum employment rights, such as paid holidays, sick leave and the right to complain about unsafe work.
What a trial period clause actually does
A trial period is a clause in your employment agreement. It changes one thing: if the employer dismisses you before the trial ends, you cannot raise a personal grievance about that dismissal, except in some circumstances.
Everything else stays the same. Employment New Zealand says you must be paid during a trial period and you have the same rights as other employees.
The 3 conditions for a valid trial period
Employment New Zealand lists the conditions on its trial periods page. All of them must be met, not just one, and two more rules about the paperwork sit on top.
| Rule | What it means | What to check in your offer |
|---|---|---|
| No longer than 90 calendar days | Calendar days, not working days or shifts | The clause states a length of 90 days or less |
| You have not worked for this employer before | A returning employee cannot be put on a trial | Any earlier job, casual work or contract with the same business |
| It starts at the beginning of employment | A trial cannot be added part way through a job | The trial begins on your first day, not after a few weeks |
| It is in the employment agreement | A verbal promise or a line in a text message does not count | A written trial clause inside the agreement itself |
| You signed before starting work | Signing on day one or later makes the trial invalid | The date you sign is before your start date |
The signing rule: sign before your first day
This is the condition people miss most. Employment New Zealand says that if the employee does not sign the agreement before starting work, the trial period is not valid.
If you are handed the paperwork with a pen on your first morning and it contains a trial clause, the timing matters. Keep a copy that shows the date you signed, and if you sign by email, keep the email.
Every employee in New Zealand must have a written employment agreement in the first place. An employer who does not give one can face an infringement fee of $1,000, and the Employment Relations Authority can order penalties of up to $10,000 for an individual employer and up to $20,000 for a corporate body. Our job offer checklist for Australia and New Zealand covers the rest of what a written agreement should hold.
You do not have to sign on the spot. Employment New Zealand says you can take an offered agreement away to read, ask someone you trust for advice, and request changes, and both sides must bargain in good faith. Read the details on its employment agreements page.
AEWV jobs: no trial period at all
If your job comes with an Accredited Employer Work Visa, the answer is short. Employment New Zealand says Immigration New Zealand does not allow trial periods for migrant workers employed on an AEWV.
Immigration New Zealand says the same from the visa side: on its AEWV page, an AEWV employment agreement cannot include unlawful deductions, a trial period or unacceptable bonding clauses.
So if you are, say, a fitter and welder in Manila or a duty manager in Durban with an AEWV offer from Christchurch, and the agreement has a 90 day trial clause, raise it before you sign. Ask the employer to remove it.
The other AEWV basics are worth checking at the same time. The job offer must be for at least 30 hours of work a week, from an accredited employer with an approved job check for the job, and paid at least the market rate for the job.
One more rule protects you at this stage. New Zealand employers cannot charge you fees for a job or make you pay any of their recruitment costs, including indirectly through a third party. INZ will decline an AEWV application if the applicant or their agent offered or promised money to the employer in exchange for a job offer.
During the trial: paid, with your normal rights
A trial period is not unpaid work. Employees must be paid during it, and the minimum wage applies. From 1 April 2026 New Zealand's adult minimum wage is $23.95 an hour before tax, or $958 for a 40-hour week.
Your leave rights keep running as well. Eligible employees are entitled to 10 days of paid sick leave a year, and all employees become entitled to at least 4 weeks of paid annual holidays after 12 months of continuous employment.
Trial period or probation: two different clauses
New Zealand agreements sometimes use a probationary period instead of a trial. They are not the same thing.
- Trial period: up to 90 calendar days, only for new employees, only from the start, and a dismissal during it cannot be challenged through a personal grievance (with some exceptions).
- Probationary period: Employment New Zealand says it can last for any length of time, and an employer must follow the usual dismissal process to dismiss someone during it.
Read your agreement for the exact word used. A clause called "probation" that says you can be let go without the normal process is worth asking about, and Employment New Zealand's probationary periods page explains the difference.
Australia works differently again. There, probation often runs from 3 to 6 months and does not reduce your entitlements: our guide to the probation period in Australia covers that side.
A short skills test before you are hired is a third thing again. Employment New Zealand says asking a barista applicant to make 2 or 3 coffees is fine, but a whole shift, or even a few hours, would likely be employment. Our post on the unpaid trial shift goes through where that line sits.
How to check a trial clause before you sign
- Find the clause. Search the agreement for "trial", "90 day" and "probation".
- Check your visa. If the job comes with an AEWV, a trial clause should not be there. Ask for it to be removed before you sign.
- Check your history with the employer. If you have worked for this business before, a trial period cannot be agreed.
- Check the start. The trial must begin with the job and last no longer than 90 calendar days.
- Take time to read. Ask for the agreement in advance, get advice from someone you trust, and request changes in writing if anything is unclear.
- Sign before day one. Sign and return the agreement before your start date, and keep a dated copy.
If you are dismissed during a trial period
If a valid trial period is in place and you are dismissed before it ends, you generally cannot raise a personal grievance about the dismissal, although Employment New Zealand notes some circumstances where you still can. You must still be paid for the work you did.
If the trial was not valid, for example because you signed after you started, you had worked there before, or it sat in an AEWV agreement, the clause does not meet the rules. Employment New Zealand is the place to check what that means for your case.
Whatever happened, prepare for the next role straight away. Update your CV with the dates and duties from this job; Build AI CV can help you rework it for each new ad. If you want your past work to be easy for the next employer to confirm, a verified profile on Talent Tabloid is one way to show it. Line up your job references early too.
If your visa depends on the job, get advice before you act: by law, anyone giving New Zealand immigration advice must be licensed by the Immigration Advisers Authority unless exempt.
Common mistakes with NZ trial periods
- Signing on the first morning. A trial clause in an agreement signed after you start work is not valid, so the order of events matters.
- Accepting a trial clause in an AEWV agreement. INZ does not allow trial periods for AEWV workers; ask for the clause to be removed.
- Treating a trial as unpaid or "half" employment. You must be paid and you have the same rights as other employees, sick leave and holiday rules included.
- Mixing up trial and probation. Probation can last any length of time but keeps the usual dismissal process; a trial does not.
- Paying for the job. Employers cannot charge you for a job or pass on recruitment costs, and an AEWV application can be declined if money was offered for a job offer.
Looking at live New Zealand roles with accredited employers? See this duty manager job in Christchurch or this fitter, turner and welder job in Christchurch. The final terms are always in the agreement you sign with the employer.
Frequently asked questions
How long can a trial period be in New Zealand?
No longer than 90 calendar days. It can only be agreed at the start of employment, with someone who has not worked for that employer before, and it must be written into the employment agreement.
Is a trial period valid if I signed the agreement on my first day?
Not if you signed after you started work. Employment New Zealand says that if the employee does not sign the agreement before starting work, the trial period is not valid. Sign before your start date and keep a dated copy.
Can an AEWV job include a 90 day trial period?
No. Immigration New Zealand does not allow trial periods for migrant workers employed on an Accredited Employer Work Visa, and an AEWV employment agreement cannot include one. Ask the employer to remove the clause before you sign.
Do I get paid during a trial period in New Zealand?
Yes. Employees must be paid during a trial period and have the same rights as other employees. The difference is that a dismissal during a valid trial generally cannot be challenged through a personal grievance, with some exceptions.
What is the difference between a trial period and a probationary period in NZ?
A trial period lasts up to 90 days and limits personal grievances about a dismissal during it. A probationary period can last any length of time, and the employer must follow the usual dismissal process to dismiss someone during it.
Key takeaways
- A New Zealand trial period lasts no more than 90 calendar days, starts with the job and applies only to new employees.
- It must be in an employment agreement signed before your first day, or it is not valid.
- AEWV jobs cannot include a trial period: ask for the clause to be removed.
- You are paid during a trial and keep your normal rights, except for most personal grievances about a dismissal.
- Probation is different: any length, and the usual dismissal process still applies.
