Written Contract Of Employment for New Zealand

Written Contract Of Employment Template for New Zealand

A Written Contract of Employment under New Zealand law is a legally binding agreement that establishes and governs the employment relationship between an employer and employee. The document complies with New Zealand's Employment Relations Act 2000 and related employment legislation, setting out the terms and conditions of employment including position details, remuneration, hours of work, leave entitlements, and other mandatory provisions required by New Zealand law. It serves as the primary reference document for both parties throughout the employment relationship and provides clear guidelines for dispute resolution.

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What is a Written Contract Of Employment?

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.

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

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

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

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

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

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

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 | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Clauses
Relevant Industries

Technology

Manufacturing

Retail

Professional Services

Healthcare

Education

Financial Services

Construction

Hospitality

Agriculture

Transportation

Mining

Media and Entertainment

Non-profit

Government

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Production

Quality Assurance

Procurement

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Sales Representative

Administrative Assistant

Software Developer

Financial Analyst

Human Resources Manager

Marketing Coordinator

Operations Manager

Customer Service Representative

Project Manager

Research Scientist

Legal Counsel

Production Worker

Account Manager

Executive Assistant

Business Analyst

Technical Support Specialist

Graduate Trainee

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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