Employment Agreement Information
Why do I need an Employment Agreement?
In New Zealand, the law requires you to have a written employment agreement with any new employee. It will also ensure your new employee understands their rights and obligations.
Who is this Employment Agreement for?
Any NZ business hiring a person as a permanent, fixed term or casual employee. If you are hiring someone to perform a specific service, or you’re not sure you want to commit to an employee, you may want our Independent Contractor Agreement instead. See our blog here on the difference between an Individual Employment Agreement and an Independent Contractor Agreement.
What’s in this Employment Agreement?
The agreement contains the key terms and conditions applying to the employment relationship between a business and its employee. This includes whether a probationary or trial period will apply, how the employer will comply with its KiwiSaver obligations, pay structure (hourly wage, salary or commission), any additional bonuses or commission, any restraints on the employee after they leave your business, holiday and sick leave entitlements, notice periods and employee availability requirements.
How to create your agreement
Once you've purchased, you'll answer questions about who you're hiring and their role. This will take approximately 15 minutes. During the Q&A, you can save your progress to come back later or repeat the Q&A to change an answer. When you've finished, your customised agreement can be downloaded immediately.
As soon as you download the agreement, it is ready for you to provide to the intended employee. The employee must be provided with a copy of the employment agreement, advised that they are entitled to seek independent advice, and given a reasonable opportunity to seek that advice before signing.
Information you'll need to complete the Q&A:
- The name and contact details of the employer and employee
- When and where the employee will work
- Pay structure (hourly wage, salary or commission) and amount, including whether any additional bonuses or commission will be paid
- Holiday and sick leave entitlements
- Whether Kiwisaver will be paid as part of or in addition to wages
- Any restrictions on your employee to work for others
What if I need help?
If you’re unsure whether this agreement is what you need or have any questions, reach out to us at hello@onyourterms.co.nz – we’re happy to help!
Other useful info:
- Read our helpful blogs: Employee vs Contractor - What's the difference?, MUST haves in a New Zealand Employment Agreement and 90 trial periods are an option with any new employee
- If you would like to speak to a lawyer regarding your documents (or for any other legal queries), see our specialist employment law firm partner Edwards Law here.
- You may also find these bundles or documents useful for your business: Individual employment policies, Key Employment Policies, Employment Essentials and Independent Contractor Agreement.
- Check out our FAQs here.
This product has been prepared in collaboration with our employment law content partner, Edwards Sluiters Employment Lawyers.
Money back guarantee - If you’re not happy with the agreement, let us know within 10 days of purchase and we'll arrange a refund.
Disclaimer: On Your Terms was created to provide fast, easy and affordable access to legal information and documentation. We are not a law firm and do not provide legal advice. The information and documents we provide are of a general nature, designed for common situations, and may not be suitable for your needs or circumstances. If you need legal advice, we have a network of specialist law firm partners able to help you here.