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Joint Employment Agreement
"I need a Joint Employment Agreement for a senior software developer who will be working between our technology consulting firm and our client's fintech startup, starting March 2025, with intellectual property provisions being particularly important as they'll be developing proprietary software for both companies."
1. Parties: Identifies all parties to the agreement - the employee and all joint employers
2. Background: Explains the context of the joint employment arrangement and the purpose of the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Nature of Employment: Specifies the type of employment (permanent/fixed-term), position title, and reporting relationships to each employer
5. Duties and Responsibilities: Details the employee's role, responsibilities, and how duties are allocated between employers
6. Location of Work: Specifies where the employee will perform work for each employer
7. Hours of Work: Details working hours, including allocation between employers and overtime arrangements
8. Remuneration: Specifies salary/wages, payment arrangements, and how costs are shared between employers
9. Leave Entitlements: Details all leave entitlements and how they are managed between employers
10. Health and Safety: Outlines health and safety obligations of all parties
11. Confidentiality: Specifies confidentiality obligations regarding each employer's business
12. Intellectual Property: Addresses ownership and rights to IP created during employment
13. Termination: Details termination provisions and process involving all employers
14. Disputes Resolution: Outlines the process for resolving disputes between any parties
15. General Provisions: Includes standard boilerplate clauses like entire agreement, governing law, etc.
1. Mobility Clause: Required when the employee may need to work at different locations or travel between employers
2. Commission/Bonus Structure: Needed when the role includes performance-based incentives from either/both employers
3. Vehicle/Equipment Provision: Required when employers provide shared or separate equipment/vehicles
4. Training and Development: Include when specific training requirements or professional development arrangements exist
5. Restraint of Trade: Include when post-employment restrictions are required by either/both employers
6. Flexible Working Arrangements: Required when allowing for flexible work arrangements between employers
7. KiwiSaver Provisions: Include if employee is eligible for KiwiSaver and how contributions are managed
8. Secondary Employment: Include when restrictions on other employment are required
1. Schedule 1 - Position Description: Detailed description of role and responsibilities for each employer
2. Schedule 2 - Remuneration Structure: Detailed breakdown of salary/wages and any benefits from each employer
3. Schedule 3 - Cost Sharing Arrangement: Details how employment costs are shared between employers
4. Schedule 4 - Work Location Details: Specific details of work locations and facilities at each employer
5. Appendix A - Policies and Procedures: Key policies from each employer that apply to the employee
6. Appendix B - Health and Safety Procedures: Specific health and safety requirements for each workplace
Authors
Business Day
Commencement Date
Confidential Information
Employee
Primary Employer
Secondary Employer
Employers
Employment Period
Good Faith
Intellectual Property
Key Performance Indicators
Normal Hours of Work
Parties
Personal Information
Position
Primary Workplace
Secondary Workplace
Remuneration
Serious Misconduct
Shared Services
Term
Termination Date
Working Day
Workplace
Cost Sharing Arrangement
Shared Resources
Applicable Policies
Employment Legislation
Leave Entitlements
Performance Standards
Reporting Lines
Work Allocation
Joint Responsibilities
Shared Facilities
Governing Law
Protected Information
Relevant Industry
Company Property
Conflict of Interest
Definitions
Term of Employment
Nature of Employment
Duties and Responsibilities
Work Allocation
Reporting Structure
Location of Work
Hours of Work
Remuneration
Cost Sharing
Leave Entitlements
Public Holidays
Sick Leave
Health and Safety
Performance Management
Training and Development
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Conflicts of Interest
Equipment and Resources
Expenses
KiwiSaver
Insurance
Termination
Redundancy
Force Majeure
Dispute Resolution
Variation
Assignment
Severability
Entire Agreement
Governing Law
Good Faith
Notices
Privacy
Record Keeping
Secondary Employment
Employee Benefits
Travel Requirements
Professional Development
Disciplinary Procedures
Grievance Procedures
Professional Services
Healthcare
Education
Information Technology
Financial Services
Manufacturing
Research and Development
Consulting
Non-Profit
Government Services
Media and Entertainment
Retail and Distribution
Construction
Hospitality
Human Resources
Legal
Finance
Operations
Information Technology
Research and Development
Administration
Project Management Office
Business Development
Marketing
Quality Assurance
Consulting
Executive Support
Project Manager
IT Specialist
Research Scientist
Financial Analyst
Human Resources Manager
Operations Director
Business Development Manager
Legal Counsel
Marketing Specialist
Technical Consultant
Healthcare Professional
Administrative Officer
Executive Assistant
Software Developer
Quality Assurance Specialist
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