Salesman Contract Of Employment Template for New Zealand

A comprehensive employment agreement tailored for sales professionals in New Zealand, compliant with the Employment Relations Act 2000 and related employment legislation. This contract establishes the terms and conditions of employment for salespeople, including detailed provisions for base salary, commission structures, sales territories, performance targets, and specific responsibilities. The agreement incorporates New Zealand-specific employment requirements while addressing the unique aspects of sales roles, including commission-based compensation, territory management, and customer relationship responsibilities.

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What is a Salesman Contract Of Employment?

This Salesman Contract of Employment is designed for use in New Zealand when engaging sales professionals in various industries. The contract complies with New Zealand employment law, particularly the Employment Relations Act 2000, Holidays Act 2003, and Fair Trading Act 1986. It is specifically structured to address the unique aspects of sales positions, including detailed provisions for commission-based compensation, performance metrics, territory allocation, and customer relationship management. The agreement should be used when hiring new sales staff or updating existing sales employment agreements to ensure current legal compliance and clear documentation of sales-specific terms and conditions. The contract includes essential provisions for base salary, commission structures, sales targets, reporting requirements, and protection of company interests through confidentiality and restraint of trade clauses.

What sections should be included in a Salesman Contract Of Employment?

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

2. Background: Context of the employment relationship and brief description of the business

3. Definitions: Key terms used throughout the agreement including specific sales-related terminology

4. Position and Duties: Detailed description of the sales role, responsibilities, and reporting relationships

5. Term of Employment: Whether the position is permanent, fixed-term, or casual, including start date and hours of work

6. Location and Territory: Primary work location and designated sales territory or customer base

7. Remuneration: Base salary, commission structure, bonus schemes, and payment intervals

8. Performance Expectations: Sales targets, KPIs, and performance review processes

9. Leave Entitlements: Annual, sick, bereavement, and public holiday leave as per Holidays Act 2003

10. Expenses and Resources: Policy on reimbursement of work-related expenses and provision of equipment

11. Confidentiality: Protection of company's confidential information and trade secrets

12. Intellectual Property: Ownership of work-created IP and customer relationships

13. Restraint of Trade: Non-compete and non-solicitation provisions post-employment

14. Termination: Notice periods and grounds for termination

15. General Provisions: Standard contractual clauses including governing law and variations

What sections are optional to include in a Salesman Contract Of Employment?

1. Vehicle Allowance: Details of company vehicle or vehicle allowance when role requires extensive travel

2. International Travel: Terms for international travel when role involves overseas sales

3. Working from Home: Provisions for remote work arrangements if applicable

4. Team Management: Additional responsibilities if managing other sales staff

5. Product Training: Specific requirements for product knowledge and ongoing training

6. Health and Safety: Specific health and safety requirements for roles involving site visits or demonstrations

7. Customer Relationship Management: Specific obligations regarding CRM system use and customer data management

8. Social Media Usage: Guidelines for using social media for sales activities

9. Flexible Working Arrangements: Terms for flexible hours or working arrangements if applicable

What schedules should be included in a Salesman Contract Of Employment?

1. Schedule 1: Commission Structure: Detailed breakdown of commission calculations, thresholds, and payment terms

2. Schedule 2: Sales Territory: Detailed description and/or maps of assigned sales territory

3. Schedule 3: Sales Targets: Specific sales targets and measurement periods

4. Schedule 4: Expense Policy: Detailed policy on claimable expenses and claim procedures

5. Schedule 5: Company Vehicle Policy: Terms of use for company vehicle if provided

6. Schedule 6: Product Price List: Current product pricing and authorized discount levels

7. Appendix A: Code of Conduct: Company's code of conduct and ethical sales practices

8. Appendix B: Sales Reporting Templates: Standard formats for sales reporting

9. Appendix C: Customer Visit Protocols: Procedures and protocols for customer interactions

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

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use

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