New Zealand Law
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Sorry that didn't quite answer my question, legally are they obligated to pay their 3% employer contribution on top of my base salary as part of the act?
Sorry but you are still not answering my question. In NZ law and in any workplace in NZ are employers obliged to pay 3% Kiwisaver on top of base salaries.
I ended up getting advice from my Kiwisaver provider which differs from your advice. Question: Our council currently counts the kiwi saver contributions in our total remuneration package so in effect their 3% contribution comes off our pay. Is this correct and legal??
Answer: Yes this is correct. Some Councils pay employer KiwiSaver contributions on top of salary & some Councils include these payments as part of total remuneration. Either way is legal; it is up to the individual employer how they choose to do it. As I understand it QLDC currently includes these payments as part of total remuneration.
My current contract is total remuneration and my new (unsigned) contract is the opposite, my question to you is that if I stay on my current contract do they legally have to pay Kiwisaver on top of my base salary or would I have to stay on total remuneration as this is what the current terms state?