This Contractual Employee Agreement template is designed for use in New Zealand employment relationships where a formal employment contract is required. It serves as a comprehensive legal document that outlines the terms and conditions of employment while ensuring compliance with New Zealand employment legislation, including the Employment Relations Act 2000 and related employment laws. The agreement is suitable for various employment arrangements and can be customized based on specific role requirements, industry standards, and organizational policies. It includes mandatory provisions required by New Zealand law as well as optional clauses that can be adapted to particular employment circumstances. This template should be used when establishing new employment relationships or updating existing employment terms to ensure current legislative compliance.
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1. Parties: Identifies the employer and employee with full legal names and addresses
2. Background: Explains the context of the employment relationship and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Nature of Employment: Specifies whether the employment is permanent, fixed-term, or casual, including justification if fixed-term
5. Position and Duties: Details the employee's role, responsibilities, and reporting relationships
6. Hours of Work: Specifies standard working hours, days, and flexibility arrangements
7. Place of Work: States the primary work location and any flexibility arrangements
8. Remuneration: Details salary/wages, payment frequency, and review processes
9. Leave Entitlements: Outlines annual, sick, bereavement, and public holiday leave entitlements
10. Health and Safety: States obligations and commitments regarding workplace health and safety
11. Confidentiality: Defines confidential information and employee obligations
12. Intellectual Property: Addresses ownership and rights regarding work-created IP
13. Termination: Details grounds for termination and notice periods
14. Resolution of Employment Relationship Problems: Outlines dispute resolution procedures
15. General Provisions: Includes standard contractual clauses like entire agreement and governing law
1. Trial Period: For new employees, includes 90-day trial period provisions if applicable
2. Commission/Bonus Structure: Details of any performance-based additional compensation
3. Vehicle Allowance: Terms regarding company vehicle or vehicle allowance if provided
4. Restraint of Trade: Non-compete and non-solicitation provisions where relevant to role
5. Flexible Working Arrangements: Specific provisions for remote work or flexible hours if applicable
6. KiwiSaver Provisions: Detailed KiwiSaver arrangements if beyond standard obligations
7. Secondment Provisions: Terms for potential internal or external secondments
8. International Travel: Provisions for international travel if required for role
1. Schedule 1: Position Description: Detailed description of role, responsibilities, and key performance indicators
2. Schedule 2: Remuneration Package: Comprehensive breakdown of salary and benefits
3. Schedule 3: Company Policies: List of applicable company policies that form part of employment terms
4. Schedule 4: IT and Communications Systems: Details of provided equipment and acceptable use policies
5. Appendix A: Code of Conduct: Company's code of conduct and behavioral expectations
6. Appendix B: Health and Safety Procedures: Specific health and safety procedures relevant to the role
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