The Workers Contract of Employment serves as a foundational document for establishing employment relationships in New Zealand. It is designed to be used when hiring new employees or formalizing existing employment arrangements, ensuring compliance with New Zealand's employment legislation, including the Employment Relations Act 2000, Holidays Act 2003, and Health and Safety at Work Act 2015. This contract type is essential for protecting both employer and employee interests by clearly defining employment terms, conditions, and obligations. It includes provisions for remuneration, working hours, leave entitlements, and other key aspects of the employment relationship, while incorporating necessary clauses to meet statutory requirements specific to New Zealand employment law.
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1. Parties: Identifies the employer and employee with full legal names and addresses
2. Background: Brief context about the employment relationship and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Position and Duties: Details of the role, title, reporting lines, and key responsibilities
5. Term of Employment: Start date, employment type (permanent/fixed-term), and if relevant, end date
6. Hours of Work: Standard working hours, days, breaks, and flexibility arrangements
7. Place of Work: Primary work location and any flexibility arrangements
8. Remuneration: Salary/wage details, payment frequency, and review provisions
9. Leave Entitlements: Annual, sick, bereavement, and public holiday leave provisions as per Holidays Act
10. Health and Safety: Health and safety obligations and responsibilities
11. Confidentiality: Obligations regarding confidential information
12. Termination: Notice periods and grounds for termination
13. Resolution of Disputes: Process for handling employment relationship problems
14. General Provisions: Entire agreement, variation, governing law, and other standard contractual terms
1. Probationary Period: Trial period terms - only for new employees who haven't previously worked for the employer
2. Overtime: Terms for additional hours worked and compensation - relevant for roles eligible for overtime
3. Commission/Bonus: Performance-based additional compensation structure - for sales or bonus-eligible positions
4. Intellectual Property: IP ownership and assignment - for creative, technical, or R&D roles
5. Post-Employment Restrictions: Non-compete and non-solicitation clauses - for senior or client-facing roles
6. Company Property: Terms regarding company equipment and resources - when significant company assets are provided
7. Vehicle Allowance: Terms for company vehicle or vehicle allowance - for roles requiring regular travel
8. Remote Working: Specific provisions for working from home or remote locations - for flexible working arrangements
9. KiwiSaver: Details of KiwiSaver arrangements - optional if employee is eligible for KiwiSaver
1. Schedule 1 - Position Description: Detailed job description, responsibilities, and performance expectations
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary package including any benefits
3. Schedule 3 - Company Policies: List of applicable company policies that form part of employment terms
4. Schedule 4 - IT and Communications Systems: Rules and policies regarding use of company IT systems
5. Appendix A - Code of Conduct: Company's code of conduct and expected behavioral standards
6. Appendix B - Expense Policy: Guidelines for work-related expenses and reimbursement procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Retail
Healthcare
Education
Financial Services
Construction
Hospitality
Professional Services
Agriculture
Transportation
Mining
Public Sector
Non-Profit
Media and Entertainment
Relevant Teams
Human Resources
Finance
Sales
Marketing
Operations
Information Technology
Research and Development
Customer Service
Legal
Administration
Product Development
Quality Assurance
Business Development
Corporate Communications
Supply Chain
Relevant Roles
Chief Executive Officer
General Manager
Department Manager
Administrative Assistant
Sales Representative
Customer Service Representative
Project Manager
Software Developer
Account Manager
Marketing Coordinator
Human Resources Officer
Financial Analyst
Operations Manager
Research Scientist
Business Development Manager
Executive Assistant
Technical Support Specialist
Product Manager
Quality Assurance Analyst
Data Analyst
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