90 Day Trial NZ: What It Is, How It Works, and Your Rights

Starting a new job brings uncertainty, and in New Zealand that uncertainty is formalised by the 90-day trial period — a legal window that lets employers assess new hires before full protection kicks in. This guide covers the rules, pitfalls, and strategies every employee should know.

Maximum duration: 90 calendar days ·
Written agreement required: Yes, in signed employment contract ·
Termination reason needed: None required by employer ·
Employee must be new to the employer: Yes

The table below distills the six essential parameters of a 90-day trial.

What is a 90 day trial?

A 90-day trial period is a legal probation window in New Zealand that lets employers dismiss a new employee within the first 90 calendar days without providing a reason, as long as the trial clause is in a signed employment agreement before the worker starts (Employment New Zealand (official government guidance)).

Legal requirements in New Zealand

• The trial period must be included in the employment agreement and agreed to in writing before the employee begins work (Business.govt.nz Employment Agreement Builder).
• Only employees who have not previously worked for the employer are eligible (New Zealand Government (official public services portal)).
• The trial period cannot last longer than 90 calendar days and cannot be extended even by mutual agreement (Tompkins Wake).

Who qualifies for a trial period

Any employer can use a trial period since December 2023, when the Employment Relations (Trial Periods) Amendment Act removed the previous restriction that limited trials to employers with fewer than 20 employees (Lane Neave (NZ commercial law firm)). The only condition is that the employee must be new to that specific employer — prior service at the same workplace disqualifies the trial (Lane Neave).

The implication: If you’ve never worked for an employer before, a properly written trial period can be a legitimate tool for both sides, but only if the paperwork is flawless.

How does a 90 day trial work?

The trial period runs from the employee’s start date for 90 consecutive calendar days. During that time, the employer can terminate the job without giving a reason — but only if the trial clause was properly agreed (Business.govt.nz Employment Agreement Builder).

Setting up a trial period

• The trial clause must be part of the written employment agreement signed before the employee starts work (New Zealand Government (official public services portal)).
• The agreement must clearly state the length of the trial period (up to 90 days) and that the employer can end the employment during that time without a reason (Employment New Zealand).
• Employers should use the Employment Agreement Builder provided by Business.govt.nz to ensure compliance (Business.govt.nz).

Termination during the trial

• If the employer decides the employee is not suitable, they must give notice within the trial period — the normal notice period does not apply unless the agreement says otherwise (Business.govt.nz).
• Dismissal during a valid trial bars the employee from bringing a personal grievance for unjustified dismissal (Peninsula NZ (HR & employment relations advisory)).
• However, employees still can bring a grievance for discrimination, harassment, or unjustified disadvantage (Business.govt.nz).

Employer obligations

Even during a trial period, the employer must provide minimum wage, holiday pay, and other statutory entitlements (Anderson Law). The employee has the same rights as any other worker regarding rest breaks, KiwiSaver, and health and safety. For related info on KiwiSaver contributions, see our guide on Government Contribution to KiwiSaver 2026.

What this means: The trial period gives employers flexibility but imposes strict documentation requirements. For employees, the message is simple: read the employment agreement before signing, because once you sign, the next 90 days are lopsided.

The pattern is clear: the trial period’s power rests entirely on proper documentation.

Can you get fired within the first 90 days?

Yes — and the employer does not need to give a reason, provided the trial period was validly included in the employment agreement (Tompkins Wake). This is the core feature of New Zealand’s 90-day trial regime.

Conditions for termination without reason

• The trial clause must be in a written employment agreement signed before the employee starts (Business.govt.nz).
• The employee must be new to the employer (Lane Neave).
• Termination must occur within the 90-day period (Employment New Zealand).

What silent firing means

“Silent firing” refers to an employer making the work environment so intolerable that the employee resigns rather than being dismissed (Peninsula NZ). While not a legal term, it’s a practical risk for employees who may not know their rights. If a constructive dismissal results from a breach of duty by the employer, the employee may still have a grievance — even during a trial period— depending on the circumstances (Anderson Law).

Protection against unfair dismissal

During a valid trial period, an employee cannot bring a personal grievance for unjustified dismissal (Peninsula NZ). However, the employee retains the right to take action for unlawful discrimination, harassment, or any other unjustified disadvantage that is not the dismissal itself (Business.govt.nz).

The trade-off: In exchange for the employer’s right to fire without reason during the trial, the employee gets the assurance that if they survive 90 days, they enter permanent employment with full protection against unjustified dismissal.

What are common mistakes in the first 90 days?

Many employees assume that once they start a job with a trial period, the only risk is poor performance. In reality, several preventable missteps can put the job in jeopardy.

Mistakes employees make

• Not reading the employment agreement carefully — especially the trial clause terms (New Zealand Government).
• Assuming the job is secure after the trial ends; performance expectations remain (Tompkins Wake).
• Failing to perform to the job description requirements (Peninsula NZ).
• Disclosing personal grievances too early in the employment relationship (MyHR Works (NZ HR advisory)).

What not to disclose to HR

During a trial period, HR conversations can have outsized consequences. Employees should avoid commenting on other employees’ performance, sharing personal issues that could be misinterpreted as performance barriers, or complaining about the job before building a track record (MyHR Works). Negative language about work ethic or commitment can be used to justify termination under the trial clause.

Words that scare human resources

• “I can’t do this” — perceived as lack of ability.
• “This isn’t what I expected” — signals misalignment.
• “I’m not comfortable with…” — without context, can sound like an inability to adapt.
• “That’s not my job” — challenges flexibility expected during a trial.

These phrases don’t automatically lead to dismissal, but in a 90-day trial where the employer can fire without cause, they can tip the scales (Peninsula NZ).

The pattern: Most mistakes boil down to not knowing that the trial period removes the need for a reason to fire. Every conversation and every task has elevated stakes until day 91.

Do I get paid for a trial shift in NZ?

Yes — employees on a trial period are entitled to the minimum wage and all other minimum entitlements, including holiday pay and leave (Employment New Zealand). Unpaid work trials are generally illegal in New Zealand, with limited exceptions for specific industries where the trial is genuinely needed to assess a skill.

Payment for trial periods

• Every hour worked must be paid at least the minimum wage (Anderson Law).
• Annual leave, public holidays, and sick leave accrue as normal during the trial (New Zealand Government).
• If the trial period ends and the employee is kept on, all entitlements continue uninterrupted (Tompkins Wake).

Unpaid work trials legality

Unpaid work trials — sometimes called “tryouts” — are generally not legal in New Zealand. The Employment Relations Act requires payment for all hours worked. Exceptions exist only in very narrow circumstances, such as when the trial is genuinely needed to assess a specific skill that cannot be evaluated otherwise, and even then the trial must be short and compensated if it goes beyond a minimal assessment (Employment New Zealand).

Key Steps to Navigate the 90-Day Trial Period

1. Review the employment agreement before signing — confirm that the trial clause is clearly written and does not exceed 90 days (New Zealand Government).
2. Ask for clarification if anything is unclear — especially about notice period, termination process, and obligations (Employment New Zealand).
3. Perform to the best of your ability — treat the trial period as a probation where expectations are high (Peninsula NZ).
4. Document any performance feedback — informal comments can become evidence if a dispute arises (MyHR Works).
5. Know your rights — you are entitled to minimum wage, holiday pay, and a workplace free from discrimination (Business.govt.nz).
6. Avoid complaining to HR prematurely — until you have permanent status, negative statements can be used against you (Tompkins Wake).

Following these steps reduces the risk of losing your job during the trial.

Confirmed facts vs what’s unclear

The line between confirmed and unclear highlights where employees must exercise caution.

“The trial period does not last longer than 90 calendar days.”

— Employment New Zealand (Employment New Zealand (official government guidance))

“90-day trial periods allow NZ employers to terminate a new employee without any reason or consequences.”

— Peninsula Group (Peninsula NZ (HR & employment relations advisory))

“90-day trial periods allow employers to assess a new employee’s suitability for a role.”

— MyHR Works (MyHR Works (NZ HR advisory))

Summary

The 90-day trial period is a sharp double-edged sword for New Zealand employees: it offers a low-risk entry into a job, but removes the right to challenge a dismissal. The 2023 law change extended this tool to all employers, meaning nearly every new starter could face a trial clause. For employees, the choice is clear: understand the trial terms before signing, or risk losing protection against unjustified dismissal. For more on employment costs related to tax, check our guide on NZ Income Tax Rates 2025-2026.

For a comprehensive overview of the legal framework, refer to this guide on the 90-day trial period for both employers and employees.

Frequently asked questions