The Independent Employment Agreement serves as the primary document establishing the employment relationship between parties in New Zealand. This agreement type is essential for businesses and organizations operating under New Zealand jurisdiction who wish to employ staff in compliance with local employment laws. The document is structured to meet the requirements of the Employment Relations Act 2000 and related legislation, incorporating mandatory provisions while allowing flexibility for specific role requirements. It includes crucial elements such as employment terms, remuneration, benefits, working conditions, and dispute resolution procedures. The Independent Employment Agreement is particularly important as it provides clarity and security for both employer and employee, helping prevent future disputes by clearly documenting the agreed terms of employment. It should be updated periodically to reflect changes in employment law and organizational requirements.
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1. Parties: Identification of the employer and the employee with full legal names and addresses
2. Background: Context of the agreement and brief description of the employment relationship
3. Definitions: Key terms used throughout the agreement and their specific meanings
4. Nature of Agreement: Clearly states this is an employment relationship and the basis of employment (e.g., permanent, fixed-term)
5. Position and Duties: Job title, key responsibilities, reporting relationships, and performance expectations
6. Location and Hours: Place of work, standard hours, flexibility arrangements, and overtime provisions if applicable
7. Remuneration: Salary/wages, payment frequency, method of payment, and any variable components
8. Leave Entitlements: Annual leave, sick leave, bereavement leave, and public holiday entitlements as per Holidays Act
9. Health and Safety: Health and safety obligations, responsibilities, and procedures
10. Confidentiality: Obligations regarding confidential information during and after employment
11. Intellectual Property: Ownership and rights regarding IP created during employment
12. Termination: Notice periods, grounds for termination, and termination procedures
13. Resolution of Employment Relationship Problems: Process for handling disputes and employment relationship problems
14. General Provisions: Miscellaneous legal provisions including entire agreement, variation, and governing law
1. KiwiSaver: Include when employee is eligible for KiwiSaver, detailing arrangements and contributions
2. Vehicle/Equipment: Include when company provides vehicle or significant equipment, detailing terms of use
3. Commission/Bonus Structure: Include for roles with variable compensation components
4. Restraint of Trade: Include for senior roles or when protecting business interests is crucial
5. Working from Home: Include when remote work is permitted, detailing arrangements and requirements
6. Travel Requirements: Include when role involves regular travel, detailing expectations and arrangements
7. Professional Development: Include when specific training or development programs are part of the role
8. Share Options/Employee Benefits: Include when additional benefits or share schemes are offered
9. Flexible Working Arrangements: Include when allowing for flexible work patterns or arrangements
10. Secondary Employment: Include when there are restrictions on other employment or business activities
1. Schedule 1: Position Description: Detailed description of role, responsibilities, and performance expectations
2. Schedule 2: Remuneration Details: Comprehensive breakdown of salary package, benefits, and any variable components
3. Schedule 3: Company Policies: List of applicable company policies that form part of the employment relationship
4. Schedule 4: IT and Communications Systems: Details of provided IT equipment and acceptable use policies
5. Appendix A: Code of Conduct: Company's code of conduct and behavioral expectations
6. Appendix B: Health and Safety Procedures: Specific health and safety procedures relevant to the role
7. Appendix C: Expense Policy: Policy regarding business expenses and reimbursement procedures
8. Appendix D: Performance Review Framework: Details of performance evaluation process and criteria
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Manufacturing
Retail
Healthcare
Education
Construction
Hospitality
Financial Services
Agriculture
Creative Industries
Transportation
Real Estate
Energy
Telecommunications
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Customer Service
Research and Development
Product Development
Quality Assurance
Administration
Business Development
Executive Leadership
Project Management
Relevant Roles
Chief Executive Officer
General Manager
Department Manager
Software Developer
Administrative Assistant
Sales Representative
Marketing Coordinator
Financial Analyst
Human Resources Officer
Operations Manager
Project Manager
Customer Service Representative
Business Development Manager
Research Analyst
Technical Support Specialist
Account Manager
Product Manager
Quality Assurance Engineer
Data Analyst
Executive Assistant
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