This Probationary Contract template is designed for use in New Zealand employment relationships where an initial trial period is desired to assess the suitability of a new hire. The document complies with New Zealand employment law, including the Employment Relations Act 2000 and related legislation. It's particularly useful for organizations wanting to establish clear performance expectations and evaluation criteria during an employee's initial employment period. The contract includes essential elements such as employment terms, duties, remuneration, benefits, and specific provisions related to the probationary period. It provides both parties with clarity regarding the trial period's duration, assessment criteria, and the process for transitioning to permanent employment or termination. This template should be customized based on the specific role, industry requirements, and organizational policies while maintaining compliance with New Zealand employment regulations.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, reporting relationships, and key responsibilities
5. Probationary Period: Duration, conditions, and review process of the probationary period
6. Term of Employment: Start date, employment type (full-time/part-time), and hours of work
7. Remuneration: Salary/wages, payment frequency, and method of payment
8. Leave Entitlements: Annual, sick, bereavement, and public holiday leave as per Holidays Act
9. Health and Safety: Workplace safety obligations and compliance requirements
10. Confidentiality: Protection of company information and trade secrets
11. Termination: Notice periods and grounds for termination during and after probation
12. General Provisions: Governing law, entire agreement, and amendment provisions
1. Bonus and Incentives: Details of any performance-based compensation schemes
2. Flexible Working Arrangements: Provisions for remote work or flexible hours if applicable
3. Professional Development: Training, education, and career development opportunities
4. Company Property: Rules regarding use and return of company equipment
5. Intellectual Property: IP rights and ownership of work created during employment
6. Non-Competition: Post-employment restrictions if relevant to the role
7. Vehicle Allowance: Terms for company vehicle or transport allowance if provided
8. Relocation: Relocation assistance terms if applicable
1. Schedule 1 - Position Description: Detailed outline of role responsibilities and requirements
2. Schedule 2 - Remuneration Details: Breakdown of salary package and benefits
3. Schedule 3 - Performance Criteria: Specific metrics for evaluating performance during probation
4. Schedule 4 - Company Policies: Key workplace policies applicable to the role
5. Schedule 5 - Health and Safety Procedures: Specific safety requirements and procedures for the role
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Retail
Healthcare
Education
Financial Services
Professional Services
Hospitality
Construction
Public Sector
Non-Profit
Agriculture
Media and Entertainment
Transportation and Logistics
Relevant Teams
Human Resources
Legal
Operations
Finance
Marketing
Sales
Information Technology
Research and Development
Customer Service
Administration
Product Development
Quality Assurance
Relevant Roles
Entry Level Associate
Junior Developer
Sales Representative
Administrative Assistant
Project Coordinator
Customer Service Representative
Marketing Specialist
Financial Analyst
HR Coordinator
Operations Manager
Senior Engineer
Department Head
Executive Assistant
Research Associate
Product Manager
Business Development Representative
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