Temporary Agency Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and regulates the three-way relationship between a temporary work agency, temporary worker, and client company. This document outlines the terms and conditions of temporary employment arrangements, including rights, responsibilities, and obligations of all parties involved. 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 clear guidelines for temporary work assignments, payment terms, and operational procedures.

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What is a Temporary Agency Contract?

The Temporary Agency Contract serves as a crucial legal framework for managing temporary employment relationships in New Zealand. This document is essential when establishing arrangements between temporary work agencies, workers seeking flexible employment opportunities, and businesses requiring temporary staffing solutions. It encompasses all necessary provisions required by New Zealand employment law, including specific clauses addressing health and safety, fair compensation, working hours, and statutory entitlements. The contract is designed to protect the interests of all parties while ensuring compliance with relevant legislation such as the Employment Relations Act 2000 and the Health and Safety at Work Act 2015. It is particularly valuable for businesses dealing with seasonal demands, project-based work, or temporary staff shortages, providing a clear structure for temporary employment arrangements while maintaining legal compliance and operational efficiency.

What sections should be included in a Temporary Agency Contract?

1. Parties: Identifies and defines the temporary work agency, the temporary worker, and the client company

2. Background: Sets out the context of the agreement and the nature of the temporary work arrangement

3. Definitions: Defines key terms used throughout the agreement including 'Assignment', 'Client', 'Services', and 'Work Period'

4. Nature of Relationship: Clarifies the legal relationship between all parties and confirms the temporary nature of the arrangement

5. Agency Obligations: Details the responsibilities of the agency including payment, statutory obligations, and communication requirements

6. Worker Obligations: Outlines the worker's duties, professional conduct requirements, and reporting obligations

7. Assignment Terms: Specifies how assignments will be offered, accepted, and managed

8. Remuneration and Benefits: Details payment terms, rates, allowances, and any benefits provided

9. Hours of Work: Specifies standard hours, overtime arrangements, and flexibility requirements

10. Health and Safety: Sets out health and safety obligations of all parties

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

12. Termination: Details circumstances and processes for ending the agreement or specific assignments

13. General Provisions: Includes standard legal clauses such as governing law, notices, and entire agreement

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

1. Intellectual Property: Required when assignments may involve creation of IP or use of client's IP

2. Non-Competition: Used when restricting worker from directly engaging with clients or competing agencies

3. Vehicle and Equipment: Needed when worker uses their own vehicle or equipment for assignments

4. International Assignments: Required for agencies that may place workers in overseas assignments

5. Training Requirements: Included when specific training or certifications are required for assignments

6. KiwiSaver Provisions: Required if worker is eligible for and opts into KiwiSaver scheme

7. Insurance Requirements: Needed when worker must maintain specific insurance coverage

What schedules should be included in a Temporary Agency Contract?

1. Schedule 1 - Rate Card: Details of pay rates, allowances, and payment terms

2. Schedule 2 - Minimum Notice Periods: Notice requirements for various situations including assignment termination

3. Schedule 3 - Client Companies: List of approved client companies and any specific requirements

4. Schedule 4 - Health and Safety Procedures: Detailed health and safety protocols and requirements

5. Appendix A - Assignment Description Template: Template for documenting specific assignment details

6. Appendix B - Timesheet Template: Standard timesheet format for recording hours worked

7. Appendix C - Code of Conduct: Detailed behavioral expectations and professional standards

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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