Temp Agency Contract Template for New Zealand

A comprehensive agreement governed by New Zealand law that establishes the employment relationship between a temporary staffing agency and a temporary worker. The document outlines the terms and conditions of temporary employment, including assignment procedures, remuneration, benefits, and obligations of both parties. It ensures compliance with New Zealand employment legislation, including the Employment Relations Act 2000, Health and Safety at Work Act 2015, and other relevant regulations while providing flexibility for various assignment types and industry-specific requirements.

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What is a Temp Agency Contract?

This Temp Agency Contract is designed for use in New Zealand to formalize the employment relationship between temporary staffing agencies and their temporary workers. It addresses the unique characteristics of temporary employment arrangements while ensuring compliance with New Zealand employment law, including the Employment Relations Act 2000 and related legislation. The document is particularly relevant in situations where organizations need flexible staffing solutions and want to ensure clear terms for temporary assignments. It includes comprehensive provisions for assignment procedures, worker rights and obligations, health and safety requirements, and remuneration structures, while maintaining adaptability for various industries and role types. The contract serves as a crucial tool for protecting both the agency's and worker's interests while facilitating efficient temporary staffing arrangements.

What sections should be included in a Temp Agency Contract?

1. Parties: Identifies the contracting parties: the temporary staffing agency and the temporary worker

2. Background: Outlines the context of the agreement, the agency's business nature, and the general purpose of temporary staffing arrangements

3. Definitions: Defines key terms used throughout the agreement, including 'Assignment', 'Client', 'Services', 'Temporary Worker', etc.

4. Nature of Relationship: Clarifies the employment relationship, specifically addressing the temporary nature and the agency's role as the employer

5. Assignment Process: Details how assignments will be offered, accepted, and managed, including the right to accept or decline assignments

6. Remuneration and Benefits: Covers payment terms, rates, method of payment, and statutory entitlements including holiday pay and sick leave

7. Hours of Work: Establishes principles for working hours, breaks, and overtime arrangements during assignments

8. Obligations of the Temporary Worker: Sets out the worker's responsibilities, including compliance with client policies, professional conduct, and reporting requirements

9. Agency Obligations: Details the agency's responsibilities regarding finding suitable assignments, payment, and worker support

10. Health and Safety: Outlines health and safety obligations of all parties, including reporting and compliance requirements

11. Confidentiality: Addresses confidentiality obligations regarding both agency and client information

12. Termination: Specifies how the agreement can be terminated by either party and the consequences of termination

13. General Provisions: Contains standard contractual provisions including governing law, amendments, and notices

What sections are optional to include in a Temp Agency Contract?

1. Vehicle Use: Required when temporary workers may need to use their own or company vehicles during assignments

2. Equipment Provision: Used when specific equipment or tools are provided either by the agency or client

3. Specialized Skills and Qualifications: Needed for roles requiring specific certifications or qualifications that must be maintained

4. International Assignments: Required when temporary workers may be placed in overseas assignments

5. Non-Compete Clause: Used when protecting agency relationships with specific clients is crucial

6. Training Requirements: Included when ongoing training or professional development is part of the arrangement

7. Insurance Requirements: Required for roles where workers need specific insurance coverage

8. Intellectual Property: Needed when workers may create IP during their assignments

What schedules should be included in a Temp Agency Contract?

1. Schedule 1: Rate Card: Details the standard pay rates, allowances, and any variable compensation structures

2. Schedule 2: Assignment Details Template: Template for recording specific assignment details, including location, duration, and specific duties

3. Schedule 3: Health and Safety Procedures: Detailed health and safety protocols and reporting procedures

4. Schedule 4: Code of Conduct: Detailed behavioral expectations and professional standards

5. Schedule 5: Expenses Policy: Guidelines for claiming work-related expenses and reimbursement procedures

6. Appendix A: Leave Entitlements: Detailed breakdown of various leave entitlements and calculation methods

7. Appendix B: Dispute Resolution Procedures: Step-by-step process for handling disputes or grievances

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

Agency Agreement

Cost

Free to use

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