Trial Shifts in New Zealand: When Must You Pay?

If you’re hiring in New Zealand, you’ve probably wondered whether you can ask a candidate to do a “trial shift” before you commit to employing them.

It’s a common small business scenario: you want to see how someone works with your team, how they handle customers, and whether they can actually do what they said in the interview. But the big question people Google is: do you have to pay for a trial shift, and what’s risky?

Below, we’ll break down how trial shifts generally work in NZ, when they should be paid, how to structure them properly, and what to put in writing so you’re protected from day one.

What Counts As A Trial Shift (And Why Trial Shift Pay Matters)?

A “trial shift” usually means you invite a candidate to attend your workplace and perform tasks so you can assess whether they’re suitable for the role.

In practice, trial shifts often happen in industries like hospitality, retail, trades, cleaning, customer service, and admin roles - anywhere you want to assess practical skills and “fit”.

The legal issue is that a “trial shift” can easily become work. If the candidate is doing productive tasks (serving customers, making coffees, processing sales, cleaning rooms, completing jobs), there’s a real risk they’re effectively working for you - which can trigger pay and other obligations.

That’s why trial shift pay matters. If you get it wrong, you may face:

wage claims for unpaid work (including minimum wage shortfalls);
penalties and enforcement action (depending on the situation);
reputational damage (particularly if a candidate posts about the experience online); and
a messy employment relationship from the start (which can create bigger problems later).

Even if your intention is genuinely to assess suitability, the law tends to focus on what actually happened during the shift and whether the candidate was doing work that benefited the business. In some cases, what’s called a “trial shift” may still be treated as employment in substance.

Do You Have To Pay For A Trial Shift In New Zealand?

Often, yes - if the candidate is doing work, you should assume payment is required.

There isn’t one single “trial shift law” in NZ. Instead, the risk comes from how NZ employment law and minimum standards apply in practice: if someone is working in an employment relationship (or doing work that looks like employment), they generally need to be paid at least the minimum wage.

When Trial Shift Pay Is Usually Required

You’ll generally need to pay for a trial shift where:

the candidate performs real tasks (not just observing);
your business benefits from what they do (for example, they contribute to service, production, sales, cleaning, delivery, bookings, admin);
they are under direction/supervision like a worker would be (you set their hours, tell them what to do, allocate tasks, manage their breaks); or
the trial shift looks like “normal work”, even if it’s short or “just to see how it goes”.

In those situations, treating the shift as unpaid creates risk - even if the candidate agrees to it. In employment law, “they said it was okay” isn’t always a safe defence when minimum standards are involved.

What About Very Short Assessments?

There’s a difference between:

a short, controlled skills assessment (for example, a supervised task designed purely to test skill), and
a shift where the person is effectively filling a staffing gap or contributing to your output.

The more the candidate is doing productive work, the more likely payment is required.

If you’re unsure, a good rule of thumb is: if you’d normally pay a staff member to do it, you should pay the candidate to do it too.

Minimum Wage And Record-Keeping Still Apply

If the trial shift is paid, you need to ensure you meet minimum wage requirements and keep appropriate wage and time records (even if it’s a one-off).

If the person ends up continuing into employment, it’s also worth ensuring you have a properly drafted Employment Contract in place early, so you’re not trying to backfill legal terms after the relationship has already started.

Trial Shifts Vs 90-Day Trials Vs Probation: Don’t Mix These Up

A lot of confusion about paying for trial shifts comes from mixing up different concepts that sound similar but work very differently in NZ.

Trial Shifts

A trial shift is usually pre-employment or right at the start of engagement, and its purpose is to assess practical suitability. The key issue is whether the person is doing work (or is effectively in an employment relationship), and therefore must be paid.

90-Day Trial Periods

A 90-day trial period is a specific legal mechanism with strict requirements. If it’s set up correctly (including being agreed in writing before the employee starts work), it can limit an employee’s ability to bring a personal grievance for unjustified dismissal within the trial period. However, it doesn’t remove all obligations, and it’s not available or appropriate in every situation.

It’s also not a substitute for an unpaid trial shift. During a 90-day trial, the person is an employee and must be paid as normal.

Probationary Periods

A probationary period is another arrangement where performance is assessed early in employment, but it does not remove the obligation to act fairly and follow a proper process if you decide to end employment.

If you’re thinking about “trying someone out”, it’s worth getting advice on whether a trial period clause, probation clause, or performance management process best matches your situation. This is where an Employment Lawyer can help you set it up properly rather than relying on assumptions.

How To Run A Trial Shift The Right Way (Practical Steps For Small Businesses)

Trial shifts can be done in a way that’s fair, transparent, and legally safer - but you need to be intentional about it.

Here’s a practical approach many small businesses use.

1) Decide The Real Purpose Of The Shift

Ask yourself: are you assessing skills, or are you short-staffed and hoping the candidate can help out?

If the candidate is providing value to the business, treat it as paid. This reduces risk and sets the relationship up on the right foot.

2) Keep It Short, Structured, And Supervised

The longer and more “normal” the shift feels, the more it looks like actual work.

To keep it genuinely assessment-focused:

limit the duration (for example, 1–3 hours, depending on the role);
assign a supervisor;
use a checklist of what you’re assessing (speed, accuracy, customer manner, safety awareness); and
avoid leaving them to run a station or serve customers alone.

3) Put The Trial Arrangement In Writing

Even if it’s brief, confirm the basics in writing (email is often enough for the pre-employment stage), including:

date, start time, end time;
where they should report and who will supervise;
what tasks they’ll do (and what they won’t do);
whether it’s paid, and the hourly rate (at least minimum wage if they’re working);
that it’s an assessment and not a guarantee of ongoing employment; and
health and safety expectations (for example, PPE, closed shoes, hazards, inductions).

If the trial shift is likely to roll straight into employment if it goes well, it’s often cleaner to issue the employment agreement up front and make the first shift part of employment (with clear expectations about performance and suitability).

4) Pay Properly (And Avoid “Cash In Hand” Shortcuts)

It can be tempting to pay a trial shift in cash to keep things “simple”, but this can create record-keeping, PAYE, and other compliance issues and become a bigger problem later. (This is general information only, not tax advice - for tax-specific guidance, speak with your accountant or check Inland Revenue (IRD) resources.)

If you’re thinking about cash payments, it’s worth reading up on Illegal Cash In Hand risks - because what feels like an easy option can come back to bite you.

5) Be Careful With Hours And Breaks

Trial shifts often happen at busy times (weekends, evenings), which can create pressure to extend the shift if the candidate seems helpful.

If you do extend hours, keep in mind you may be triggering rest and meal break requirements, and you’ll need to accurately record and pay for all hours worked. If you commonly ask staff to work extra hours, it’s worth checking your approach against a Working Overtime framework so you don’t accidentally underpay or under-document hours.

Common Risk Areas: What Not To Do With Trial Shift Pay

Most trial shift problems don’t come from “bad employers” - they come from informal hiring processes that were never documented properly.

Here are common risk areas we see small businesses stumble into.

Unpaid “Trials” That Are Really Just Work

If a candidate:

covers a busy period,
replaces a rostered staff member,
generates sales,
serves customers, or
produces deliverables you would otherwise pay someone to produce,

then it’s hard to argue it wasn’t work. In those situations, unpaid trial shifts are particularly risky.

“Volunteer For A Shift And We’ll See”

Be cautious about labelling someone a volunteer if the arrangement is really a pre-employment assessment for a for-profit business. Volunteers are common in charities and community organisations, but in commercial hiring contexts, “volunteer trial shifts” can raise red flags.

No Clear Line Between Candidate And Employee

If you treat the person like an employee (uniform, staff login, keys, full duties, no supervision), you’re more likely to be viewed as having an employment relationship - even if you never “officially” hired them.

Getting the basics right in writing early can prevent confusion and disputes. This is also where having the right contracts ready matters - for example, if the role is genuinely contractor-based, you’ll want a properly drafted Contractor Agreement rather than trying to squeeze a contractor into employee-style trial shifts.

Discrimination Risks In Trial Decisions

Trial shifts can also create risk if the decision not to hire appears to be based on a prohibited ground (for example, age, sex, disability, family status, religious belief).

You don’t need to overcomplicate this - just make sure your assessment criteria are job-related, and your feedback is consistent and professional.

It also helps to ensure your recruitment process (including what you ask candidates) is lawful - the wrong question at interview can create issues before the trial shift even begins. The examples in Illegal Interview Questions are a good reminder of where employers can accidentally slip up.

What If The Trial Shift Doesn’t Work Out?

This is another reason trial shifts need to be structured properly: sometimes it’s just not the right fit, and you want to end things cleanly.

If The Person Was Only A Candidate (Pre-Employment)

If the person has not been hired and you’ve just run a short, structured assessment, you can usually let them know you won’t be progressing their application.

If the trial shift was paid, pay them for the hours worked as agreed, and keep a clear record of time worked and payment made.

If The Person Is Already An Employee

If you’ve already hired them (for example, they’ve signed an agreement and started working shifts), then you’re in an employment relationship and you generally need to follow a fair process if you’re considering termination.

Even where performance is the issue, you’ll usually need to communicate concerns, give the employee a reasonable opportunity to improve, and document the process appropriately. If you’re heading down this path, the guidance around Legal Aspects Of Performance Management is highly relevant.

It can feel like a lot for a new hire, but putting a fair process in place is one of the best ways to reduce the risk of a personal grievance.

Key Takeaways

In NZ, you’ll usually need to pay for a trial shift if the candidate is performing productive work or providing value to your business, even if it’s “just a trial”.
Keep trial shifts short, structured, and supervised so they stay genuinely assessment-focused rather than looking like unpaid labour.
Put the arrangement in writing (even a simple email) confirming hours, tasks, supervision, and whether the shift is paid.
Don’t confuse trial shifts with 90-day trials or probation - those are employment arrangements and don’t avoid wage obligations.
Avoid risky shortcuts like cash payments or unclear arrangements, as they can create wage, tax, and record-keeping issues.
If the person is an employee, you generally need a fair process to end employment, even early on - documenting expectations from day one helps.

If you’d like help setting up a legally safer hiring process (including the right clauses, documents, and advice on trial shift pay), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.

Trial Shifts In New Zealand: When Must You Pay?