# Minimum wage exemptions for disabled people Official source: https://www.employment.govt.nz/pay-and-hours/pay-and-wages/minimum-wage/minimum-wage-exemptions-for-disabled-people Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Pay and hours Pay and wages Minimum wage Minimum wage exemptions for disabled people Minimum wage Pay and wages Minimum wage Minimum wage rates and types Minimum wage exemptions for disabled people Previous minimum wage rates Holidays and leave pay Types of pay Allowances Deductions and premiums Pay periods and paydays Payslips Final pay Setting pay, pay reviews and pay rises Employers Minimum wage exemptions for disabled people If you employ a person with a disability that significantly limits them in the job, an application can be made to the Labour Inspectorate for a minimum wage exemption permit. Permits will only be granted if they are reasonable, the employee agrees, and you have done all you can to help the employee do all parts of their job. How a minimum wage exemption permit works Under the Minimum Wage Act 1983, in certain circumstances, Labour Inspectorate can issue a minimum wage The lowest amount an employee can be paid per hour. There are 3 types of minimum wage: adult, starting-out and training. There is no minimum wage for employees younger than 16 years old. exemption for a person with disabilities. You can only apply for a minimum wage exemption permit for an employee who has a disability that significantly limits them from carrying out the requirements of their work. The permit means that the person named in the permit can be paid a lower minimum wage rate, which is reasonable and fair for the activities they are able to undertake for: the specific job named, and the period of time stated in the permit. Hiring disabled people The Labour Inspector A warranted employee of MBIE who ensures employment standards are met in the workplace. They can take enforcement action for non-compliance with employment standards. will only grant the exemption if: it is reasonable and appropriate any reasonable actions that could help the employee carry out the work have been considered they think the wage offered is fair, and the employee agrees with the offered rate of pay. If the employee is a union An organisation that supports and advocates for employees in the workplace. Unions bargain for collective agreements and help employees with information and advice about work-related issues. member, the union will need to agree to the employee being paid at a different rate than the pay rate in the collective agreement The employment agreement between 1 or more unions and 1 or more employers and 2 or more employees. Also see ‘Employment agreement’. . Good faith Collective and individual agreements How to apply for an exemption If you’re thinking of offering a job to an employee with a disability and believe it is fair and appropriate to pay them less than the minimum wage, contact our Service Centre. Contact us Where required the service centre can forward a minimum wage enquiry to the Labour Inspectorate for further action. Exemptions cannot be backdated An exemption cannot be backdated earlier than the date the Labour Inspectorate were notified, so if the employee has already started work, you’ll need to pay them the minimum wage until the exemption is issued. Showing that the wage is fair You will need to show why the wage you’re proposing is fair and reasonable. It may be helpful to use a wage assessment tool to estimate the employee’s job performance. Before approving the negotiated wage rate, the Labour Inspector A warranted employee of MBIE who ensures employment standards are met in the workplace. They can take enforcement action for non-compliance with employment standards. must confirm that: the employee agrees with the rate the employee’s disability stops them from earning the minimum wage for the work they do the wage rate relates to the employee’s ability to do the work the employee has been given the opportunity to have an independent representative, support person or advocate with them when discussing the wage rate the work is suitable for the employee, and they will be appropriately supervised and get the right training and support from their employer you are offering the employee an employment agreement that meets all other minimum employment rights – for example, the right amount of leave and breaks the wage rate is consistent with the wages of other people in similar circumstances who have minimum wage exemptions to do similar work you had done everything that can reasonably be expected to be done to help the employee do the job to the best of their ability. Performance management, training and development Published: 1 March 2024 Last modified: 11 November 2025 Written for: Employers Share this page: Print this page: