Employee Retainer Agreement Template for New Zealand

An Employee Retainer Agreement is a specialized employment contract that secures ongoing access to an employee's services while providing guaranteed minimum compensation. Under New Zealand employment law, this arrangement creates a formal employment relationship that offers flexibility for both parties while ensuring compliance with employment standards.

When do you need this document?

You need an Employee Retainer Agreement when your business requires regular access to specialized skills but cannot guarantee full-time work. This is common in consulting firms that need senior advisors available for client projects, technology companies requiring specialist developers for periodic work, or professional services firms needing expert consultants on standby. The agreement is also valuable when you want to secure talented employees who might otherwise take competing opportunities, or when your business has seasonal or project-based work patterns that require maintaining skilled staff during quieter periods.

Key legal considerations

The agreement must clearly define the retainer period, minimum guaranteed hours or compensation, and availability requirements. You need to specify how additional work beyond the retainer will be compensated and whether the employee can work for competitors during the retainer period. The document should include termination clauses that comply with employment law, intellectual property provisions for any work created, and clear performance expectations. Consider including clauses about professional development, equipment provision, and expense reimbursement. The agreement must also address confidentiality requirements and any restraint of trade provisions that may apply after termination.

Legal requirements in New Zealand

Under the Employment Relations Act 2000, all employment agreements must be in writing and include specific minimum terms such as the parties' names, job description, location of work, and agreed hours. The agreement must comply with good faith obligations, ensuring both parties act honestly and openly. You must provide minimum entitlements under the Holidays Act 2003, including annual leave, sick leave, and public holiday provisions, calculated proportionally based on the retainer arrangement. The Health and Safety at Work Act 2015 requires you to ensure the employee's safety regardless of work location or frequency. Privacy Act 2020 compliance is essential for handling employee personal information, and the Human Rights Act 1993 prohibits discriminatory terms. Wage payments must follow the Wages Protection Act 1983, with regular payment intervals clearly specified in the agreement.