Staffing Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions between a staffing agency and a client organization for the provision of temporary workers and/or permanent placement services. The agreement addresses key aspects including service scope, worker management, compliance with NZ employment legislation, fee structures, liability allocation, and operational procedures, while ensuring alignment with New Zealand's Employment Relations Act 2000 and related employment regulations.

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What is a Staffing Agreement?

This Staffing Agreement template is designed for use in New Zealand business contexts where organizations require temporary staffing or permanent placement services through a professional staffing agency. The agreement comprehensively covers the three-way relationship between the staffing agency, client organization, and placed workers, ensuring compliance with New Zealand employment law, including the Employment Relations Act 2000, Health and Safety at Work Act 2015, and Privacy Act 2020. It is particularly suitable for businesses seeking flexible workforce solutions while maintaining legal compliance and clear operational procedures. The document includes essential provisions for worker management, fee structures, compliance requirements, and risk allocation, adaptable to various industry contexts and staffing needs.

What sections should be included in a Staffing Agreement?

1. Parties: Identifies the staffing agency and the client organization, including their legal names, company numbers, and registered addresses

2. Background: Outlines the context of the agreement, including the client's need for staffing services and the agency's capability to provide such services

3. Definitions: Defines key terms used throughout the agreement, including 'Temporary Workers', 'Permanent Placement', 'Assignment', 'Fees', etc.

4. Scope of Services: Details the staffing services to be provided, including temporary staffing, permanent placement, and any additional HR services

5. Agency Obligations: Sets out the staffing agency's responsibilities, including worker screening, compliance with employment laws, and service delivery standards

6. Client Obligations: Specifies the client's responsibilities, including workplace safety, supervision, and cooperation with the agency

7. Fees and Payment Terms: Details the fee structure, payment terms, and any additional charges

8. Worker Management: Outlines processes for worker engagement, supervision, performance management, and replacement

9. Compliance and Insurance: Addresses legal compliance requirements and insurance obligations of both parties

10. Confidentiality: Protects confidential information shared between parties and regarding workers

11. Liability and Indemnification: Allocates risks and responsibilities between parties

12. Term and Termination: Specifies agreement duration, renewal terms, and termination provisions

13. General Provisions: Includes standard clauses like governing law, dispute resolution, and entire agreement

What sections are optional to include in a Staffing Agreement?

1. Permanent Placement Terms: Include when the agreement covers permanent placement services, detailing placement fees and guarantee periods

2. International Worker Provisions: Include when dealing with international workers, addressing visa requirements and compliance

3. Specialized Industry Requirements: Include for specific industries with unique regulatory requirements (e.g., healthcare, construction)

4. Intellectual Property Rights: Include when workers may create IP during their assignments

5. Non-Solicitation: Include to prevent direct hiring of agency workers outside the agreement terms

6. Volume Discounts: Include when offering special rates for high-volume staffing requirements

7. Training and Development: Include when the agency provides specific training programs for workers

8. KPIs and Service Levels: Include when specific performance metrics are required for the staffing service

What schedules should be included in a Staffing Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, margins, and payment structures

2. Schedule 2 - Service Specifications: Detailed description of specific services, including recruitment processes and worker requirements

3. Schedule 3 - Worker Categories and Rates: List of different worker categories and associated rate cards

4. Schedule 4 - Required Qualifications: Specific qualifications, certifications, and experience requirements for different roles

5. Schedule 5 - Health and Safety Requirements: Specific workplace safety requirements and procedures

6. Appendix A - Standard Operating Procedures: Detailed procedures for worker engagement, timesheet processing, and issue resolution

7. Appendix B - Forms and Templates: Standard forms including assignment confirmations, timesheets, and evaluation forms

8. Appendix C - Insurance Certificates: Copies of required insurance certificates and coverage details

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

Service Agreement

Cost

Free to use

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