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Provisional Contract Of Employment for New Zealand

Provisional Contract Of Employment Template for New Zealand

A Provisional Contract of Employment governed by New Zealand law, designed to establish an initial employment relationship with a 90-day trial period. This agreement complies with the Employment Relations Act 2000 and other relevant New Zealand employment legislation, setting out the terms and conditions of employment including position details, remuneration, working hours, leave entitlements, and trial period provisions. The document includes necessary protections for both employer and employee while maintaining flexibility for various industry-specific requirements and role-specific modifications.

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What is a Provisional Contract Of Employment?

The Provisional Contract of Employment is a fundamental document used in New Zealand when establishing new employment relationships that include a trial period. This agreement is specifically designed to comply with New Zealand employment law, particularly the Employment Relations Act 2000 and its provisions regarding 90-day trial periods. It serves as a comprehensive employment agreement while maintaining the provisional nature of the initial employment period, allowing both parties to assess suitability for permanent employment. The document includes all legally required elements such as hours of work, duties, remuneration, and leave entitlements, while incorporating specific provisions related to the trial period, including termination procedures and notice requirements. This type of contract is particularly useful for employers seeking to evaluate new employees' performance and compatibility with their organization before confirming permanent employment.

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

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

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Position and Duties: Job title, role description, and key responsibilities

5. Trial Period: Terms of the 90-day trial period, including notice requirements and termination provisions

6. Term and Hours of Work: Start date, working hours, days of work, and break entitlements

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 provisions

10. Health and Safety: Health and safety obligations and requirements

11. Confidentiality: Obligations regarding confidential information

12. Company Property: Provisions regarding company equipment and property

13. Termination: Notice periods and grounds for termination

14. Dispute Resolution: Process for resolving employment disputes

15. General Provisions: Miscellaneous legal provisions including governing law

16. Execution: Signature blocks and date of agreement

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

1. Flexibility and Remote Work: Used when the role includes remote working options or flexible arrangements

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

3. Intellectual Property: Required for roles involving creation of IP or creative work

4. Non-Competition: Used for senior roles or when employee will have access to sensitive commercial information

5. Professional Development: Include when specific training or development opportunities are part of the role

6. Vehicle/Tool Allowance: Used when employee needs to use their own vehicle or tools

7. Relocation Provisions: Include when role involves relocation assistance

8. On-Call Duties: Required for roles with on-call responsibilities

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

1. Schedule 1: Position Description: Detailed description of role, responsibilities, and reporting relationships

2. Schedule 2: Remuneration Details: Detailed breakdown of salary package, allowances, and benefits

3. Schedule 3: Company Policies: List of applicable company policies the employee must comply with

4. Appendix A: Code of Conduct: Company's code of conduct and expected behavioral standards

5. Appendix B: IT Usage Policy: Rules and guidelines for use of company IT systems

6. Appendix C: Health and Safety Procedures: Specific health and safety procedures relevant to 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 | 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

Retail

Manufacturing

Professional Services

Healthcare

Education

Financial Services

Hospitality

Construction

Agriculture

Mining

Transportation

Media and Entertainment

Non-Profit

Government

Relevant Teams

Human Resources

Legal

Operations

Finance

Marketing

Sales

Information Technology

Customer Service

Research and Development

Production

Quality Assurance

Administration

Project Management

Design

Engineering

Relevant Roles

Entry Level Associate

Junior Developer

Sales Representative

Administrative Assistant

Customer Service Representative

Project Coordinator

Marketing Assistant

Research Assistant

Graduate Engineer

Junior Accountant

Operations Coordinator

Technical Support Specialist

Business Analyst

HR Coordinator

Production Assistant

Quality Control Inspector

Teaching Assistant

Junior Designer

Content Writer

Trainee Manager

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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