Exclusive Employment Contract Template for New Zealand

A comprehensive employment agreement governed by New Zealand law that establishes an exclusive employment relationship between an employer and employee. This contract complies with the Employment Relations Act 2000 and other relevant New Zealand employment legislation, setting out detailed terms and conditions including duties, remuneration, benefits, leave entitlements, and post-employment obligations. The agreement specifically prohibits the employee from engaging in other employment or business activities during the term of employment, ensuring full commitment to the employer's business.

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What is a Exclusive Employment Contract?

This Exclusive Employment Contract is designed for use in New Zealand when an organization requires an employee's undivided professional attention and commitment. The document is particularly suitable for senior roles, specialized positions, or situations where protecting company interests is paramount. It complies with New Zealand employment law, including the Employment Relations Act 2000, Holidays Act 2003, and other relevant legislation. The contract includes comprehensive provisions covering employment terms, exclusivity obligations, confidentiality requirements, and post-employment restrictions. It's structured to protect both employer and employee interests while ensuring clarity in the exclusive nature of the employment relationship.

What sections should be included in a Exclusive Employment Contract?

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, nature of employment (permanent/fixed-term), and probationary period if applicable

6. Hours of Work: Standard working hours, days, flexibility requirements, and overtime provisions

7. Place of Work: Primary work location and any flexibility arrangements

8. Remuneration: Salary/wages, payment frequency, review process, and any additional benefits

9. Leave Entitlements: Annual, sick, bereavement, and public holiday leave as per Holidays Act 2003

10. KiwiSaver: KiwiSaver arrangements and contributions

11. Health and Safety: Health and safety obligations and responsibilities

12. Confidentiality: Obligations regarding confidential information and intellectual property

13. Exclusivity and Restraints: Exclusive service requirement and post-employment restrictions

14. Termination: Notice periods and grounds for termination

15. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendments

What sections are optional to include in a Exclusive Employment Contract?

1. Commission/Bonus Structure: Details of performance-based compensation, used for sales roles or performance-incentivized positions

2. Company Vehicle: Terms of company vehicle use, if provided as part of employment

3. International Travel: Terms relating to international travel requirements and arrangements

4. Flexible Working Arrangements: Specific provisions for remote work or flexible hours, if applicable

5. Professional Development: Terms relating to training, education, and professional memberships

6. Share Options/Employee Equity: Details of any share scheme or equity participation

7. Relocation Provisions: Terms relating to relocation assistance, if applicable

8. Garden Leave: Provisions for garden leave during notice period, typically for senior roles

What schedules should be included in a Exclusive Employment Contract?

1. Schedule 1 - Position Description: Detailed job description, responsibilities, and performance expectations

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary package, benefits, and allowances

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 - Conflict of Interest Declaration: Form for declaring any potential conflicts of interest

6. Appendix B - Confidential Information: Specific details of what constitutes confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Cost

Free to use

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