Pre Employment Contract Template for New Zealand
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What is a Pre Employment Contract?
The Pre Employment Contract serves as a crucial preliminary agreement in New Zealand's employment framework, establishing the conditions and requirements that must be satisfied before a formal employment relationship can commence. This document is typically used when an organization wishes to make a conditional offer of employment, subject to satisfactory completion of various checks and verifications. It provides legal protection for both the employer and prospective employee during the pre-employment phase, ensuring transparency and compliance with New Zealand employment law, including the Employment Relations Act 2000, Privacy Act 2020, and Human Rights Act 1993. The agreement outlines specific conditions precedent, timeframes, and obligations of both parties, while maintaining flexibility to accommodate various industry requirements and role-specific conditions.
About the Pre Employment Contract
A Pre Employment Contract is a legally binding preliminary agreement that establishes the terms and conditions that must be fulfilled before formal employment begins in New Zealand. This document serves as a bridge between the initial job offer and the commencement of actual employment, providing both parties with clear expectations and legal protections during the pre-employment phase.
When do you need this document?
You need a Pre Employment Contract when making conditional job offers that require specific prerequisites to be met. This is particularly common in roles requiring security clearances, professional registrations, or specialized qualifications. Healthcare positions often require medical clearances and professional body registrations, while financial services roles may need criminal background checks and credit assessments. Educational institutions frequently use these contracts when hiring teachers who must obtain teaching registrations. Government positions requiring security clearances also rely on pre-employment agreements to manage the extended vetting process while securing the candidate's commitment.
Key legal considerations
Your Pre Employment Contract must clearly specify all conditions precedent and provide reasonable timeframes for completion. Under New Zealand law, you cannot include discriminatory conditions that breach the Human Rights Act 1993, such as requirements based on age, gender, or ethnicity unless genuinely occupational qualifications. Privacy Act 2020 compliance is crucial when collecting personal information during background checks - you must only collect information directly relevant to the role and obtain proper consent. The contract should include termination clauses if conditions cannot be met, specify who bears the costs of required checks, and outline confidentiality obligations. Good faith requirements under the Employment Relations Act 2000 mean both parties must act honestly and openly throughout the process.
Legal requirements in New Zealand
New Zealand employment law mandates that all employment agreements, including pre-employment contracts, must comply with minimum standards under the Employment Relations Act 2000. You must ensure the contract includes provisions for good faith dealing and doesn't undermine fundamental employment rights. The Wages Protection Act 1983 governs any financial arrangements, including who pays for mandatory checks or training. If the role involves vulnerable populations, you may need to include Police vetting requirements as mandated by the Children's Act 2014 or Vulnerable Children Act 2014. Your contract must also comply with immigration requirements if the prospective employee needs work authorization. All medical examinations or drug testing must be job-related and conducted in accordance with privacy principles and employment standards.
GOVERNING LAW
Applicable law
This Pre Employment Contract is drafted to comply with New Zealand law. Key legislation includes:
Wages Protection Act 1983: Governs how wages must be paid and protected, including regulations about deductions from wages and payment methods.
Holidays Act 2003: Establishes minimum entitlements for annual holidays, public holidays, sick leave, and bereavement leave.
Privacy Act 2020: Regulates how personal information must be collected, used, stored, and disclosed, which is relevant for employee data handling.
Human Rights Act 1993: Prohibits discrimination in employment based on protected characteristics such as age, gender, ethnicity, and religious beliefs.
Health and Safety at Work Act 2015: Sets out the principles, duties, and rights in relation to workplace health and safety.
KiwiSaver Act 2006: Governs the voluntary work-based savings initiative that employers must offer to eligible employees.
Fair Trading Act 1986: Ensures fairness in trading practices and could apply to representations made during the pre-employment process.
Equal Pay Act 1972: Promotes and ensures pay equity between all persons in all aspects of employment, regardless of gender.
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