The Written Contract Of Employment is a fundamental document required for all employment relationships in New Zealand. It must be provided to employees before they commence work and should comply with the Employment Relations Act 2000 and other relevant legislation. This document is essential for establishing clear terms and conditions of employment, protecting both employer and employee interests, and ensuring compliance with New Zealand employment law. It includes mandatory provisions such as role description, remuneration, hours of work, and leave entitlements, while also allowing for additional terms specific to the role or organization. The contract serves as a crucial reference point throughout the employment relationship and is vital for risk management and legal compliance.
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1. Parties: Identifies the employer and employee with full legal names and addresses
2. Background: Brief context about the employment relationship and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Position and Duties: Details of the role, position title, reporting lines, and key responsibilities
5. Term of Employment: Specifies whether the employment is permanent, fixed-term, or casual, including start date and end date if applicable
6. Hours of Work: Regular working hours, days, breaks, and flexibility arrangements
7. Place of Work: Primary work location and any flexibility arrangements
8. Remuneration: Salary/wage details, payment frequency, and method of payment
9. Leave Entitlements: Annual, sick, bereavement, and public holiday leave entitlements as per Holidays Act
10. KiwiSaver: KiwiSaver arrangements and contributions
11. Health and Safety: Health and safety obligations and commitments
12. Confidentiality: Obligations regarding confidential information
13. Termination: Notice periods and grounds for termination
14. Dispute Resolution: Process for resolving employment disputes
15. Entire Agreement: Confirms the contract represents the entire agreement between parties
16. Execution: Signing section for both parties
1. Probationary Period: Details of trial period if applicable for new employees (only for employers with fewer than 20 employees)
2. Bonus/Commission: Include if role has performance-based additional compensation
3. Intellectual Property: Include for roles involving creation of IP or creative work
4. Post-Employment Restrictions: Non-compete and non-solicitation clauses for senior or sales roles
5. Vehicle/Equipment: Include if company provides vehicle or significant equipment
6. Flexibility and Remote Work: Detailed arrangements for hybrid or remote working
7. Professional Development: Include if specific training or development opportunities are provided
8. Allowances: Details of any additional allowances like phone, internet, or travel
9. Share Options: Include if employee is offered company shares or options
1. Schedule 1 - Position Description: Detailed job description, responsibilities, and KPIs
2. Schedule 2 - Remuneration Details: Breakdown of salary package, benefits, and any performance-based elements
3. Schedule 3 - Company Policies: List of applicable company policies that form part of employment terms
4. Appendix A - Approved Leave Form: Standard form for requesting and approving leave
5. Appendix B - Expense Claim Procedure: Process and forms for claiming work-related expenses
6. Appendix C - IT Usage Policy: Guidelines for use of company IT systems and equipment
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