This Sales Rep Contract Of Employment is designed for use when hiring sales representatives in New Zealand, ensuring compliance with local employment legislation while addressing the unique aspects of sales roles. The contract is suitable for both new hires and updating existing employment arrangements, incorporating essential elements such as commission structures, sales territories, and performance metrics. It aligns with New Zealand's Employment Relations Act 2000 and related regulations, providing a robust framework for managing sales-focused employment relationships. The document includes comprehensive provisions for remuneration, targets, client relationship management, and post-employment obligations, making it suitable for various industries where direct sales are a core business function.
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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 including 'Territory', 'Products', 'Commission', 'Targets'
4. Position and Duties: Details of the sales representative role, responsibilities, reporting lines, and territory assignment
5. Term of Employment: Whether fixed-term or permanent, start date, and probationary period if applicable
6. Hours of Work: Expected working hours, flexibility arrangements, and time recording requirements
7. Remuneration: Base salary, commission structure, payment periods, and review processes
8. Performance Targets: Sales targets, KPIs, and measurement criteria
9. Leave Entitlements: Annual, sick, bereavement, and public holiday leave as per Holidays Act 2003
10. Expenses and Resources: Reimbursement policies, company vehicle, phone, laptop, and other tools
11. Confidentiality: Protection of company, customer, and product information
12. Intellectual Property: Ownership of customer relationships, leads, and developed materials
13. Restraint of Trade: Non-compete and non-solicitation provisions post-employment
14. Termination: Notice periods, grounds for termination, and final commission payments
15. General Provisions: Governing law, entire agreement, amendments, and disputes resolution
1. International Travel: Include when role requires overseas travel - covering arrangements and allowances
2. Team Leadership: Include when the role involves managing other sales staff
3. Product Training: Include when specific product training requirements and certifications are needed
4. Remote Working: Include when role allows for remote work arrangements
5. Company Car: Include when a company vehicle is provided, including usage terms and maintenance
6. Relocation: Include when position requires relocation with company assistance
7. Health Insurance: Include when private health insurance is offered as a benefit
1. Schedule 1 - Commission Structure: Detailed commission calculations, tiers, and payment terms
2. Schedule 2 - Sales Territory: Detailed description of assigned geographic or client territory
3. Schedule 3 - Product List: List of products/services the representative is authorized to sell
4. Schedule 4 - Performance Metrics: Detailed KPIs, targets, and measurement methodologies
5. Schedule 5 - Expense Policy: Detailed policies for expense claims and reimbursement
6. Schedule 6 - Company Vehicle Policy: Terms of use for company vehicle if provided
7. Appendix A - Code of Conduct: Company's code of conduct and ethical sales practices
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