Project Based Employment Contract Template for New Zealand
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What is a Project Based Employment Contract?
The Project Based Employment Contract is specifically designed for situations where an organization needs to engage employees for defined projects or specific outcomes in New Zealand. This contract type is particularly useful when the employment relationship is intended to conclude upon completion of a specified project or achievement of particular objectives. The agreement must comply with New Zealand's Employment Relations Act 2000, particularly sections relating to fixed-term employment, while clearly outlining project scope, duration, deliverables, and completion criteria. It's essential for industries where work is project-driven and helps organizations manage temporary staffing needs while ensuring legal compliance and protecting both employer and employee interests.
About the Project Based Employment Contract
A project based employment contract creates a legal framework for temporary employment relationships tied to specific projects or outcomes. Unlike permanent employment, this agreement has a defined end date or completion criteria, making it ideal for businesses that need specialized skills for particular initiatives. You'll need this contract when engaging employees for work that has clear start and finish points, ensuring both parties understand the temporary nature of the relationship from the outset.
When do you need this document?
You should use a project based employment contract when hiring staff for software development projects, construction phases, research initiatives, or seasonal campaigns. This contract type is essential for consulting firms taking on client projects, event management companies organizing specific events, or organizations implementing new systems or technologies. It's also valuable when you need specialist expertise for a defined period, such as hiring a marketing manager for a product launch or an engineer for infrastructure upgrades. The contract provides clarity and legal protection when the employment relationship naturally concludes upon project completion.
Key legal considerations
Your contract must clearly specify what constitutes project completion to avoid disputes about employment termination. Include detailed project deliverables, milestones, and success criteria to establish when the employment ends. You need to address what happens if the project is extended, cancelled, or significantly modified, including provisions for early termination and notice periods. The agreement should cover intellectual property ownership, confidentiality obligations, and any restraint of trade clauses relevant to the project work. You must also ensure the contract doesn't create an expectation of ongoing employment beyond the project scope, as this could affect its fixed-term status under New Zealand law.
Legal requirements in New Zealand
Under the Employment Relations Act 2000, your project based contract must include genuine reasons for the fixed-term arrangement and specify the circumstances that will end the employment. You're required to provide the same employment protections as permanent employees, including minimum wage compliance, holiday entitlements under the Holidays Act 2003, and health and safety obligations under the Health and Safety at Work Act 2015. The contract must include good faith provisions and cannot be used to avoid employment obligations or undermine permanent employment. You need to clearly state that employment ends upon project completion without requiring formal termination notice, provided the completion criteria are objective and verifiable. Privacy Act 2020 requirements must be addressed for any personal information collected during the project work.
GOVERNING LAW
Applicable law
This Project Based 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 deductions from wages and payment methods.
Holidays Act 2003: Regulates annual leave, public holidays, sick leave, and bereavement leave entitlements, which must be accounted for even in project-based contracts.
Health and Safety at Work Act 2015: Sets out the health and safety obligations of employers and workers, crucial for ensuring workplace safety during project execution.
Privacy Act 2020: Governs the collection, use, and storage of personal information of employees, including during recruitment and employment.
Human Rights Act 1993: Prohibits discrimination in employment and ensures equal employment opportunities.
KiwiSaver Act 2006: Regulates retirement savings scheme contributions and obligations for employers and employees.
Fair Trading Act 1986: Ensures fair trading practices and could be relevant for contract terms and representations made during employment negotiations.
Accident Compensation Act 2001: Covers workplace injury compensation and rehabilitation rights, which must be considered in employment agreements.
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