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Pre Employment Contract for New Zealand

Pre Employment Contract Template for New Zealand

A comprehensive legal document governed by New Zealand employment law that establishes the conditions and requirements that must be met before formal employment can commence. This agreement outlines pre-employment checks, conditions precedent, and preliminary obligations between an employer and a potential employee. The document ensures compliance with New Zealand's Employment Relations Act 2000 and related legislation, while protecting both parties' interests during the pre-employment phase. It typically includes provisions for background checks, reference verification, medical examinations (if required), and other relevant pre-employment conditions specific to the role and industry.

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What is a Pre Employment Contract?

The Pre Employment Contract serves as a crucial preliminary agreement in New Zealand's employment framework, establishing the conditions and requirements that must be satisfied before a formal employment relationship can commence. This document is typically used when an organization wishes to make a conditional offer of employment, subject to satisfactory completion of various checks and verifications. It provides legal protection for both the employer and prospective employee during the pre-employment phase, ensuring transparency and compliance with New Zealand employment law, including the Employment Relations Act 2000, Privacy Act 2020, and Human Rights Act 1993. The agreement outlines specific conditions precedent, timeframes, and obligations of both parties, while maintaining flexibility to accommodate various industry requirements and role-specific conditions.

What sections should be included in a Pre Employment Contract?

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

2. Background: Outlines the context of the pre-employment agreement and its purpose

3. Definitions: Defines key terms used throughout the agreement

4. Offer of Employment: Details of the proposed position, including job title, department, and reporting relationships

5. Conditions Precedent: Prerequisites that must be satisfied before employment commences, such as background checks, drug tests, or reference checks

6. Pre-employment Checks: Specific details about required checks and screenings, including consent requirements

7. Proposed Terms of Employment: Overview of key employment terms that will apply if employment proceeds

8. Confidentiality: Obligations regarding confidential information accessed during the pre-employment process

9. Privacy: How personal information will be collected, used, and protected during the pre-employment process

10. Time Limits: Duration for which the offer remains valid and timeframes for completing pre-employment requirements

11. Entire Agreement: Confirms this document represents the entire agreement regarding pre-employment conditions

12. Governing Law: Specifies New Zealand law as governing the agreement

13. Execution: Signature blocks for both parties

What sections are optional to include in a Pre Employment Contract?

1. Medical Examination: Required for roles with specific health requirements or high physical demands

2. Professional Registration: For roles requiring professional certifications or registrations

3. Security Clearance: For positions requiring government or special security clearance

4. Immigration Status: For candidates requiring work visas or immigration approval

5. Probationary Period: Details of any proposed probationary period (if applicable under NZ law)

6. Industry-Specific Requirements: Any special requirements specific to the industry (e.g., maritime certifications, aviation licenses)

7. Intellectual Property: For roles involving creation or handling of intellectual property

8. Non-Competition: For senior roles or positions with access to sensitive commercial information

What schedules should be included in a Pre Employment Contract?

1. Schedule 1 - Position Description: Detailed description of the proposed role and responsibilities

2. Schedule 2 - Proposed Compensation: Details of the proposed salary, benefits, and other remuneration

3. Schedule 3 - Required Documentation: List of documents required from the candidate

4. Schedule 4 - Pre-employment Check Procedures: Detailed procedures for each required pre-employment check

5. Appendix A - Company Policies: Relevant company policies that the candidate needs to review and acknowledge

6. Appendix B - Background Check Authorization Forms: Standard forms for authorizing background checks

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions



























Clauses



























Relevant Industries

Technology

Healthcare

Financial Services

Manufacturing

Retail

Professional Services

Education

Construction

Hospitality

Government

Non-Profit

Agriculture

Mining

Transportation

Telecommunications

Relevant Teams

Human Resources

Legal

Recruitment

Compliance

Operations

Executive Leadership

Administration

Relevant Roles

Chief Executive Officer

Department Manager

Senior Developer

Human Resources Director

Financial Controller

Sales Representative

Operations Manager

Project Manager

Research Scientist

Legal Counsel

Marketing Director

Software Engineer

Account Manager

Business Analyst

Executive Assistant

Production Supervisor

Healthcare Professional

Teacher

Construction Manager

Administrative Officer

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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