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employment-nz:starting-employment-hiring-pre-employment-trialsOfficial Employment NZ guidance: Pre-employment trials
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# Pre-employment trials Official source: https://www.employment.govt.nz/starting-employment/hiring/pre-employment-trials 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 Starting employment Hiring Pre-employment trials Hiring Starting employment Rights and responsibilities Types of worker Hiring The hiring process Hiring your first employee Hiring young people Hiring temporary migrants Employment for disabled people Discrimination against transgender people Pre-employment trials Tests and checks Employers on stand-down Trial periods Probationary periods Employment agreements Employers Pre-employment trials Sometimes it is appropriate to ask job applicants to perform tasks as part of the interview process, so you can assess whether they have the skills needed for a job. If you are asking an employee Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’). for a pre-employment trial, make it clear that performance of any tasks is a part of the interview process, and that the assessment is not paid or rewarded. It's good practice to advise the job applicant of this in writing. For example, this could apply in cases where the applicant’s previous work experience used different skills, or to help you to compare the skills of several applicants. If you are using assessment tasks, they should not take too long and should genuinely assess an applicant’s ability to do tasks relevant to the job. You should tell applicants in advance about the assessment they will be doing. There is a risk that the performance of the assessment tasks may be considered employment under some circumstances. This could include situations where it is unclear if the tasks performed were actual work or part of the interview, and/or if the business received financial gain from the tasks performed. Payment by money or reward (or the creation of such an expectation) makes the performance of the tasks more likely to be viewed as employment. For example, it is acceptable to ask a barista to make 2 or 3 coffees, or a waitress to service a table, but working a whole shift, or even a few hours, would likely be considered employment. A skill assessment as part of a job interview should not be confused with a trial or probationary period A period, usually at the beginning of employment, to assess an employee’s suitability for the job. Probation periods are different to trial periods. Employers must follow the usual dismissal procedure to dismiss an employee during a probation period. . Trial and probationary periods can be part of an employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. between an employer and employee and apply once employment has been offered and accepted. Trial periods Probationary periods Published: 18 December 2023 Last modified: 17 March 2026 Written for: Employers Share this page: Print this page:

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