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Minimum Term Employment Contract for New Zealand

Minimum Term Employment Contract Template for New Zealand

This document is a comprehensive employment agreement template designed for fixed-term employment relationships in New Zealand. It complies with the Employment Relations Act 2000 and other relevant New Zealand employment legislation. The agreement covers all essential aspects of the employment relationship, including term duration, position details, remuneration, benefits, and termination provisions, while ensuring all statutory requirements for fixed-term employment are met. It includes specific provisions required under New Zealand law for limited duration employment contracts, such as genuine reasons for the fixed term and the way in which the employment will end.

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What is a Minimum Term Employment Contract?

The Minimum Term Employment Contract is specifically designed for situations where an employer in New Zealand needs to engage an employee for a fixed period with a defined end date. This type of agreement is commonly used for project-based work, seasonal employment, coverage for parental leave, or other legitimate business situations requiring temporary staffing. The contract must comply with New Zealand employment law, particularly the Employment Relations Act 2000, which requires genuine reasons based on reasonable grounds for the fixed term and clear communication of when and how the employment will end. The document includes all mandatory provisions required by New Zealand law while providing flexibility to accommodate various roles and industries. It is essential that the agreement clearly states the reason for the fixed term and ensures all minimum employment rights and entitlements are properly addressed.

What sections should be included in a Minimum Term Employment Contract?

1. Parties: Identifies the employer and employee with full legal names and addresses

2. Background: Brief context about the employment relationship and reason for fixed term

3. Definitions: Defines key terms used throughout the agreement

4. Nature and Duration of Employment: Specifies the fixed term period, reason for fixed term, and role details

5. Position and Duties: Outlines the employee's role, responsibilities, and reporting relationships

6. Hours of Work: Details regular hours, breaks, and overtime arrangements

7. Place of Work: Specifies primary work location and any flexibility arrangements

8. Remuneration: Details salary/wages, payment frequency, and review process

9. Leave Entitlements: Covers annual, sick, bereavement, and public holiday leave

10. Health and Safety: Outlines health and safety obligations and procedures

11. Confidentiality: Defines confidential information and protection requirements

12. Property: Covers company property, intellectual property, and return of assets

13. Termination: Details termination processes, notice periods, and final pay

14. Employee Protection Provision: Statutory requirement regarding restructuring scenarios

15. Disputes Resolution: Process for resolving employment relationship problems

16. General Provisions: Includes governing law, entire agreement, and variation clauses

17. Execution: Signature blocks for both parties

What sections are optional to include in a Minimum Term Employment Contract?

1. Probationary Period: Include when the employee is subject to a trial or probationary period

2. Commission/Bonus Structure: Include when role includes performance-based compensation

3. Vehicle Allowance: Include when employee is provided with company vehicle or allowance

4. Restraint of Trade: Include when post-employment restrictions are required

5. Flexible Working Arrangements: Include when allowing for remote work or flexible hours

6. KiwiSaver Provisions: Include when employee is eligible for KiwiSaver

7. Training and Development: Include when specific training requirements or opportunities exist

8. Relocation Provisions: Include when role involves relocation assistance

9. International Travel: Include when role requires international travel

What schedules should be included in a Minimum Term Employment Contract?

1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and KPIs

2. Schedule 2 - Remuneration Details: Breakdown of salary package, benefits, and allowances

3. Schedule 3 - Company Policies: List of applicable company policies and procedures

4. Schedule 4 - IT and Communications Systems: Details of provided IT equipment and usage 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 requirements for the role

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use

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