The Labour Supply Agreement is a critical document used in New Zealand business operations where organizations require flexible workforce solutions through third-party providers. This agreement is essential when a business needs to engage temporary workers through a labor hire company while ensuring compliance with New Zealand employment laws and regulations. The document establishes the commercial and operational framework for worker supply arrangements, including recruitment processes, worker management, payment terms, and compliance obligations. It addresses key requirements under New Zealand legislation including the Employment Relations Act 2000, Health and Safety at Work Act 2015, and Privacy Act 2020. The agreement is particularly relevant in industries with seasonal workforce demands, specialized skill requirements, or the need for workforce flexibility.
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1. Parties: Identification of the labor hire company (Supplier) and the client company (Client)
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement including 'Workers', 'Services', 'Charges', etc.
4. Supply of Workers: Core terms regarding the provision of workers, including request process and worker requirements
5. Service Standards: Quality standards and performance requirements for supplied workers
6. Charges and Payment: Fee structure, payment terms, and invoicing requirements
7. Compliance Obligations: Requirements for compliance with employment, health and safety, and other relevant laws
8. Workers' Rights and Obligations: Terms relating to workers' employment status, rights, and responsibilities
9. Health and Safety: Specific health and safety obligations of both parties
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and termination provisions
12. Liability and Indemnities: Risk allocation between parties and insurance requirements
13. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Immigration Compliance: Include when dealing with foreign workers, covering visa requirements and compliance
2. Industry-Specific Requirements: Include for specialized industries with specific regulatory requirements
3. Transition Services: Include when workers may transition to permanent employment with the client
4. Intellectual Property: Include when workers may create or handle intellectual property
5. Non-Solicitation: Include to prevent direct hiring of workers outside the agreement
6. Data Protection: Include when significant personal data processing is involved
7. KiwiSaver Provisions: Include specific details about retirement savings scheme management
8. Union Arrangements: Include when dealing with unionized workforce
1. Schedule 1 - Service Descriptions: Detailed description of types of workers and services to be provided
2. Schedule 2 - Rate Card: Detailed breakdown of charges, margins, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Onboarding Process: Procedures for requesting and introducing new workers
5. Schedule 5 - Health and Safety Requirements: Specific health and safety procedures and requirements
6. Appendix A - Required Worker Qualifications: List of mandatory qualifications and certifications for workers
7. Appendix B - Standard Operating Procedures: Detailed operational procedures and guidelines
8. Appendix C - Compliance Checklist: Checklist of regulatory and compliance requirements
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