Retroactive Employment Contract Template for New Zealand

The Retroactive Employment Contract is utilized in New Zealand when there is a need to formally document an existing employment relationship for a historical period. This typically occurs in situations where an informal employment arrangement needs to be formalized, when there has been an administrative oversight in documentation, or when changes in employment status require backdated recognition. The agreement ensures compliance with New Zealand employment law while addressing historical employment terms, remuneration, leave entitlements, and other benefits. It is designed to protect both employer and employee interests by clearly documenting the terms of employment that were in effect during the retroactive period, while also establishing current and ongoing employment conditions. The document must comply with various New Zealand legislation including the Employment Relations Act 2000, Minimum Wage Act 1983, and Holidays Act 2003, ensuring all historical entitlements are properly calculated and documented.

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the employment relationship, reasons for retroactive agreement, and acknowledgment of prior work arrangement

3. Definitions: Key terms including 'Retroactive Period', 'Effective Date', 'Original Start Date', and other relevant definitions

4. Term and Retroactive Effect: Specification of the retroactive period, current employment status, and ongoing duration of employment

5. Position and Duties: Job title, role description, and responsibilities during both retroactive period and ongoing employment

6. Hours of Work: Standard hours, days of work, and any variations during the retroactive period and going forward

7. Location of Work: Primary work location and any historical variations

8. Remuneration: Salary/wage rates, including historical rates, payment arrangements, and method of retroactive payment calculation

9. Leave Entitlements: Annual, sick, and other leave entitlements, including accrual and calculations for the retroactive period

10. Public Holidays: Treatment of public holidays during the retroactive period and ongoing entitlements

11. KiwiSaver: KiwiSaver arrangements and retrospective contributions if applicable

12. Historical Entitlements: Calculation and payment of historical entitlements including holidays, leave, and other benefits

13. Tax Treatment: Management of PAYE and other tax obligations for retroactive payments

14. Confidentiality: Obligations regarding confidential information, both historical and ongoing

15. Termination: Notice periods and termination provisions

16. Governing Law: Confirmation that the agreement is governed by New Zealand law