The 90 Day Trial Employment Agreement is a specialized employment contract designed for use in New Zealand, specifically tailored for employers hiring new employees under the trial period provisions of the Employment Relations Act 2000. This agreement can only be used for new employees who have never previously been employed by the company, and must be agreed to in writing before the employment begins. The document includes comprehensive employment terms, specific trial period provisions, and ensures compliance with New Zealand employment legislation. It's particularly useful for businesses wanting to assess an employee's suitability for a role while managing their hiring risks. The agreement must be properly executed before the employee starts work to be valid, and includes clear terms about the trial period's operation and the process for termination during this period.
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1. Parties: Identifies the employer and employee, including full legal names and addresses
2. Background: Brief context about the employment relationship and acknowledgment of the 90-day trial period
3. Definitions: Defines key terms used throughout the agreement
4. Position and Duties: Details of the role, reporting relationships, and key responsibilities
5. 90-Day Trial Period: Specific terms of the trial period, including start date, duration, and dismissal provisions
6. Hours of Work: Regular hours, days of work, and flexibility requirements
7. Place of Work: Primary work location and any flexibility requirements
8. Remuneration: Salary/wage details, payment frequency, and method of payment
9. Leave Entitlements: Annual, sick, bereavement, and public holiday leave provisions
10. Health and Safety: Health and safety obligations and responsibilities
11. Confidentiality: Protection of company confidential information
12. Termination: Notice periods and termination procedures
13. General Provisions: Standard contractual terms including variation, entire agreement, and governing law
1. Overtime and Allowances: Include when role may require overtime or includes specific allowances
2. Intellectual Property: Include when employee may create IP during employment
3. Motor Vehicle: Include when company vehicle is provided
4. Restraint of Trade: Include for senior roles or when employee has access to sensitive information
5. Commission/Bonus Structure: Include when role includes performance-based compensation
6. Working from Home: Include when remote work is permitted
7. Professional Development: Include when specific training or development opportunities are provided
8. KPIs and Performance Metrics: Include when specific performance measures are part of the role
1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and key performance indicators
2. Schedule 2 - Remuneration Details: Breakdown of salary package including any benefits
3. Schedule 3 - Company Policies: List of applicable company policies the employee must comply with
4. Appendix A - IT and Communications Policy: Guidelines for use of company IT systems and communications
5. Appendix B - Expense Policy: Guidelines for work-related expenses and reimbursement procedures
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