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Employment agreement

Employment Contract


It is essential you get your employment contracts right. It is a breach of the Employment Relations Act in New Zealand to commence employment without a signed employment contract between the Employer and Employee. But amazingly there are still thousands of companies that do not provide employment contracts for their staff, or they are using agreements that are out of date or no longer relevant. 

What companies tend to forget is that a good employment contract can aid employment relations. It is of tremendous assistance for both parties i.e. the Employer and the Employee. Employment law can be a tricky area. A well-written employment agreement can help resolve employment relations issues quickly and save considerable time, effort and pain when any questions or disputes are raised by either party. 

If there is ever a time when you are in the unfortunate position of finding yourself in mediation or the Employment Court  the question always is: what it written in the Employment Agreement? Of course, if there is nothing in the agreement that covers the particular situation you are dealing with then the answer is open to interpretation by all parties concerned in the mediation or in the case of the Employment Court, the Judge.

A good employment contract is a comprehensive document.  You should never be afraid of having a large document dealing with all areas of employment relations. The more topics that are covered the less opportunity for misinterpretation. Below is a list of headings that should typically be covered in your agreement. Some may be optional depending on your industry and the position but they are a good guideline.
  • Term of Agreement
  • Title and Duties
  • Places of Work
  • Times and Hours of Work
  • Probationary/Trial Periods
  • Policy and Rules
  • Remuneration Details
  • Performance Appraisals
  • Expenses
  • Training
  • Holidays and Leave
  • Annual Holidays
  • Public Holidays
  • Sick and Bereavement Leave
  • Jury Service
  • Employee Obligations
  • Workplace Practices
  • Use of Surveillance Cameras
  • Professionalism
  • Health and Safety
  • Health Monitoring
  • Medical Examinations
  • Technology Change
  • Email, Intranet and Internet Policy
  • Security
  • Private Mail
  • Private Work
  • Media Statements
  • Confidential Information
  • Vehicles
  • Intellectual Property
  • Redundancy
  • Disciplinary Procedures
  • Suspension
  • Termination of Employment
  • Resignation/Garden Leave
  • Termination for Medical Reasons
  • Abandonment of Employment
  • Employment Relationship Problems
  • Non Solicitation
  • Restraint of Trade
  • Confidentiality of Employment Agreement
  • Employment Relations Act 2000
  • Parental Leave
  • Undue Influence
  • Variation of Employment Agreement
  • Information about Solving an Employment Relationship Problem
  • Procedure for Settlement of Personal Grievances
  • Procedure for Settlement of Disputes about the Interpretation, Application of Operation of Employment Agreements
  • Employment Agreement Schedule - Remuneration Details
  • Employment Agreement Schedule – Job Description

Of course, you may find writing something like this a very daunting prospect. We know employmwnt law and can supply tailored employment agreements that are clear and accurate. This will ensure that all eventualities are covered and both you and your employees are clearly aware of your responsibilities and accountabilities to each other. Employment contracts are a safeguard for all parties. If it is not spelled out clearly in an employment agreement then it is subject to any interpretation under employment law and can cause headaches for those involved further down the track. Call or enquire online now for further information click here