Freelance Employee Contract for New Zealand

Freelance Employee Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and regulates the relationship between a business and an independent contractor. This document clearly defines the contractor status, scope of services, payment terms, and other essential elements while ensuring compliance with New Zealand's Employment Relations Act 2000 and related legislation. It includes provisions for intellectual property rights, confidentiality, liability, and termination terms, while maintaining the distinction between independent contractor status and employment relationships as defined under New Zealand law.

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What is a Freelance Employee Contract?

This Freelance Employee Contract template is designed for use in New Zealand business contexts where organizations seek to engage independent contractors for specific projects or ongoing services. The document ensures compliance with New Zealand's Employment Relations Act 2000 and related legislation while clearly establishing the contractor relationship. It's particularly useful when businesses need to formalize arrangements with freelancers, consultants, or independent professionals, providing comprehensive coverage of essential terms including services, payment, intellectual property, and confidentiality. The contract helps avoid misclassification issues by clearly distinguishing the contractor relationship from employment, incorporating specific provisions required under New Zealand law for independent contractor agreements.

What sections should be included in a Freelance Employee Contract?

1. Parties: Identifies the contracting company and the freelancer, including full legal names and contact details

2. Background: Establishes context for the agreement and confirms the intention to engage services as an independent contractor

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Engagement and Term: Specifies the nature of engagement, start date, and duration (fixed term or ongoing)

5. Services: Outlines the services to be provided by the contractor, including scope and deliverables

6. Contractor Status: Explicitly confirms independent contractor status and not an employment relationship

7. Payment Terms: Details fees, payment schedule, expenses, and invoicing requirements

8. Contractor Obligations: Lists key responsibilities, quality standards, and performance expectations

9. Client Obligations: Outlines what the client will provide to enable service delivery

10. Intellectual Property: Addresses ownership and rights to work created during the engagement

11. Confidentiality: Defines confidential information and obligations to maintain confidentiality

12. Liability and Indemnity: Sets out liability limitations and indemnification requirements

13. Termination: Specifies how either party can end the agreement and the consequences

14. General Provisions: Includes standard legal clauses like governing law, dispute resolution, and amendments

What sections are optional to include in a Freelance Employee Contract?

1. Non-Compete: Restricts contractor from working with competitors - only include if specifically required and ensure compliance with NZ law

2. Insurance Requirements: Specifies required insurance coverage - include if contractor must maintain specific insurance

3. Equipment and Resources: Details who provides what equipment - include if specific arrangements needed

4. Health and Safety: Detailed H&S obligations - include for high-risk work or on-site services

5. Subcontracting: Rules about using subcontractors - include if subcontracting might be relevant

6. Performance Reviews: Process for reviewing work quality - include for long-term or complex engagements

7. Data Protection: Specific data handling requirements - include if dealing with sensitive data

What schedules should be included in a Freelance Employee Contract?

1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and performance standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Key Personnel: Details of key people involved in service delivery from both parties

4. Schedule 4 - Reporting Requirements: Specific reporting templates and requirements

5. Appendix A - Code of Conduct: Client's code of conduct or operational policies contractor must follow

6. Appendix B - Required Insurance: Detailed insurance requirements and minimum coverage levels

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 | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Technology

Creative Industries

Professional Services

Construction

Consulting

Media and Entertainment

Education

Healthcare

Financial Services

Marketing and Advertising

Engineering

Architecture

Real Estate

Information Technology

Research and Development

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Administration

Project Management Office

Senior Management

Relevant Roles

HR Manager

Legal Counsel

Procurement Manager

Project Manager

Operations Director

Hiring Manager

Department Head

Business Owner

Managing Director

Contract Administrator

Recruitment Specialist

Chief Financial Officer

Company Secretary

Risk Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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