Individual Employment Agreement Template - Dundas Street Employment Lawyers

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Template individual employment agreement
User notes
nature and term of the agreement
This agreement and user notes have been
prepared by Dundas Street Employment
trial period
Lawyers for use for any full time, permanent
probationary period
employee of your business. Every
obligations of the relationship
employee must have a written employment
employee obligations
agreement. All employers will be required
employer obligations
to retain a signed copy of the employment
type of pay
agreement or the current signed terms and
conditions of employment.
commission
bonuses
The specific terms of the agreement should
penal rates
reflect the nature of the employee’s position
overtime
and the requirements of your business.
reimbursement of expenses
The template includes the mandatory
travel expenses
requirements to be legally compliant. When
leave
making changes to the template, bear in
sick leave
mind that an individual employment
agreement must contain at least the clauses
bereavement leave
listed below to meet the minimum
parental leave
requirements by law:
unpaid leave
annual closedown
parties (employer and employee)
jury duty
position
other entitlements
duties
superannuation
place of work
KiwiSaver
working hours
medical insurance
type of pay
gym memberships
public holidays
use of mobile phone
rights in contracting out situations
use of car park
restructuring due to transfer
use of company vehicle
negotiations with new employer
personal development
no transfer of employment
subsidised child care
resolving employment relationship
health and safety
problems
general obligations
suggested additional clauses
drug testing
medical examination
There are a wide range of clauses that may
other employment obligations
be useful for certain employees and in
certain circumstances, for example (some of
confidential information
these are included in the template):
conflict of interest
insider trading
position and duties
use of internet and email
reporting
use of social media
performance objectives
privacy
performance reviews
restraint of trade
secondment
non-dealing
This template document is provided for guidance purposes only. We recommend you obtain the help of a qualified lawyer to complete it. Use of
this document is subject to the terms and conditions set out at www.simmondsstewart.com/templates.
© Dundas Street Employment Lawyers 2014
V1.3
Template individual employment agreement
User notes
nature and term of the agreement
This agreement and user notes have been
prepared by Dundas Street Employment
trial period
Lawyers for use for any full time, permanent
probationary period
employee of your business. Every
obligations of the relationship
employee must have a written employment
employee obligations
agreement. All employers will be required
employer obligations
to retain a signed copy of the employment
type of pay
agreement or the current signed terms and
conditions of employment.
commission
bonuses
The specific terms of the agreement should
penal rates
reflect the nature of the employee’s position
overtime
and the requirements of your business.
reimbursement of expenses
The template includes the mandatory
travel expenses
requirements to be legally compliant. When
leave
making changes to the template, bear in
sick leave
mind that an individual employment
agreement must contain at least the clauses
bereavement leave
listed below to meet the minimum
parental leave
requirements by law:
unpaid leave
annual closedown
parties (employer and employee)
jury duty
position
other entitlements
duties
superannuation
place of work
KiwiSaver
working hours
medical insurance
type of pay
gym memberships
public holidays
use of mobile phone
rights in contracting out situations
use of car park
restructuring due to transfer
use of company vehicle
negotiations with new employer
personal development
no transfer of employment
subsidised child care
resolving employment relationship
health and safety
problems
general obligations
suggested additional clauses
drug testing
medical examination
There are a wide range of clauses that may
other employment obligations
be useful for certain employees and in
certain circumstances, for example (some of
confidential information
these are included in the template):
conflict of interest
insider trading
position and duties
use of internet and email
reporting
use of social media
performance objectives
privacy
performance reviews
restraint of trade
secondment
non-dealing
This template document is provided for guidance purposes only. We recommend you obtain the help of a qualified lawyer to complete it. Use of
this document is subject to the terms and conditions set out at www.simmondsstewart.com/templates.
© Dundas Street Employment Lawyers 2014
V1.3
using this template
non-solicitation (clients and
employees)
The statement in the footer, along with the
termination of employment
square brackets used throughout, are
suspension
included to assist in the preparation of this
document. They are for reference only –
serious misconduct
you should delete the square brackets and
termination on medical
the statement in the footer from the final
grounds
form of your document.
abandonment
The use of [square brackets] around black
We would be more than happy to assist with
text means that:
drafting these clauses to suit your needs.
The requested details need to be
other types of employment
inserted
agreement
There are different options for you
This sample individual employment
to consider within a clause
agreement will suit many employees, but
The whole clause is optional and
other types of employment agreement may
you need to consider whether to
be more appropriate for your employment
include it, based on the company’s
arrangements, and we can assist with
circumstances.
preparing these:
Before finalising your document, check for
casual individual employment
all square brackets to ensure you have
agreement for casual employees,
considered the relevant option and ensure
where an employee is employed
that all square brackets have been deleted.
when and if needed, and where there
is no particular expectation of
If you delete any clauses or schedules,
continuing employment
remember to cross reference check the
document.
fixed term individual employment
agreement for employees engaged
Kind regards
for a defined period for genuine
reasons - like seasonal work, project
Dundas Street Employment Lawyers
work, or where the employee is filling
in for a permanent employee on
leave.
We can also offer independent contractor
agreements where that is appropriate for
your business.
This template document is provided for guidance purposes only. We recommend you obtain the help of a qualified lawyer to
complete it. Use of this document is subject to the terms and conditions set out at www.simmondsstewart.com/templates.
© Dundas Street Employment Lawyers 2014
V1.3
Confidential
INDIVIDUAL
EMPLOYMENT
AGREEMENT
BETWEEN
[Insert employer name] “Employer”
AND
[Insert employee name] “Employee”
This template document is provided for guidance purposes only. We recommend you obtain the help of a qualified lawyer to complete it. Use of
this document is subject to the terms and conditions set out at www.simmondsstewart.com/templates.
© Dundas Street Employment Lawyers 2014
V1.3
2
INDIVIDUAL EMPLOYMENT AGREEMENT
[Insert employer name] “Employer” of [insert employer location]
BETWEEN
[Insert employee name] “Employee” of [insert employee location]
AND
(Collectively referred to as “the Parties”)
AGREEMENT
1
Position
The Employee is employed in the position set out in the First Schedule.
2
Location
2.1
The Employee is employed at the location set out in the First Schedule.
2.2
The Employee may from time to time be required to travel throughout New Zealand and overseas to the
extent that travel is necessary to perform the Employee’s duties under this Agreement.
3
Trial Period
The Employee’s employment under this Agreement is subject to a Trial Period in accordance with
3.1
sections 67A and 67B of the Employment Relations Act 2000. The Trial Period shall start on the
Commencement Date and continue for up to 90 days.
Either party may terminate the employment relationship by giving one weeks’ notice of termination before
3.2
the end of the Trial Period. To avoid doubt, the Termination clause does not apply to termination in
accordance with this clause.
3.3
If the Employee is given notice of the termination of their employment by the Employer in accordance with
this Trial Period clause, whether the termination takes effect before, at, or after the end of the Trial Period,
the Employee may not bring a personal grievance or legal proceedings in respect of the dismissal.
Nothing in this clause shall prevent the Employer from terminating the Employee’s employment summarily
3.4
in accordance with the Termination clause of this Agreement at any time within the Trial Period.
4
Duties of Employees
4.1
The duties to be undertaken will include those set out in the Second Schedule.
The Employee will devote all normal working hours and use the Employee’s best endeavours to perform
4.2
the duties in a manner which will best promote the interests of the Employer. The Employee will carry out
and comply with all reasonable and lawful directions given to the Employee by the Employer.
The Employee may be required from time to time to perform other duties within the Employee’s
4.3
capabilities in addition to those normally undertaken.
5
Hours of Work
5.1
The Employee shall work the Hours of Work set out in the First Schedule.
This template document is provided for guidance purposes only. We recommend you obtain the help of a qualified lawyer to complete it. Use of
this document is subject to the terms and conditions set out at www.simmondsstewart.com/templates.
© Dundas Street Employment Lawyers 2014
V1.3
3
5.2
In order to perform the job effectively, the Employee may be required to work additional hours as required
by the Employer.
6
Remuneration
6.1
The Employee will receive the remuneration set out in the First Schedule. The Employee will be paid by
direct credit, to the Employee’s nominated New Zealand bank account. The remuneration specified in this
Agreement is payment for the overall performance of the job.
The Employee’s remuneration may be adjusted in accordance with remuneration reviews carried out from
6.2
time to time. The Employee’s performance and the financial position of the Employer may be factors taken
into account in any remuneration reviews. Any change to the remuneration will be determined at the sole
discretion of the Employer.
7
Expenses
Where the Employee is authorised to incur actual and reasonable expenses in the proper performance of
the Employee’s duties, those expenses will be reimbursed provided that they are reasonable and
appropriate and supported by the production of receipts and any necessary reimbursement forms have
been completed.
8
Annual Holidays
8.1
The Employee is entitled to the annual holidays set out in the First Schedule after each 12 months of
continuous employment with the Employer in accordance with the Holidays Act 2003, and any amending
or substituting legislation.
8.2
Annual holidays will be taken at a time mutually agreed between the Employer and Employee. However,
if the parties are unable to reach agreement on the timing of annual holidays, the Employer may direct the
Employee to take annual holidays on 14 days’ notice.
The Employee shall provide the Employer with 14 days’ notice of their preferred dates for annual holidays.
8.3
8.4
The Employee will be paid for annual holidays in the pay that relates to the period during which the
holiday is taken.
9
Public Holidays
9.1
The Employee is entitled to public holidays in accordance with Holidays Act 2003, and any amending or
substituting legislation. However, the Employee agrees that they shall, where required by the Employer,
work on a public holiday.
9.2
The Employee agrees not to work on a public holiday unless specifically directed by the Employer.
9.3
If the Employee works on a public holiday, the Employee will receive payment at one and a half times the
applicable rate of pay for the time actually worked on the public holiday.
9.4
If the Employee is directed to work on a public holiday, and actually works on that public holiday, and that
day would otherwise have been a working day for the Employee, the Employee shall be entitled to an
alternative holiday.
10
Sick Leave
If the Employee has completed 6 months’ current continuous employment with the Employer or has, over
10.1
a period of 6 months, worked for the Employer for:
a)
at least an average of 10 hours a week during that period; and
b)
no less than 1 hour in every week during that period or no less than 40 hours in every month
during that period,
This template document is provided for guidance purposes only. We recommend you obtain the help of a qualified lawyer to complete it. Use of
this document is subject to the terms and conditions set out at www.simmondsstewart.com/templates.
© Dundas Street Employment Lawyers 2014
V1.3

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