Employment Agreement (New Zealand) by OLL
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EMPLOYMENT AGREEMENT (NEW ZEALAND)
Individual employment agreement governed by New Zealand law
Note: Use this Agreement when a New Zealand business employs one person on an individual employment agreement, permanent full-time or part-time, or for a fixed term. It is not for casual work. Complete every yellow field, keep one Option in each Option block and delete the others, and delete any optional Clause you do not need. Before the Employee signs, you must give them a copy of this draft, tell them they are entitled to seek independent advice about it, give them a reasonable opportunity to do so, and consider and respond to any issues they raise (section 63A of the Employment Relations Act 2000). Keep a signed copy, and the draft you gave them even if they do not sign it, and make sure the Employee does not hold the only copy (section 64).
Note: This Agreement assumes no collective agreement covers the work. If one does and your business is a party to it, when the Employee signs you must tell them that it exists and covers their work, that they may join the union and how to contact it, and that if they join they will be bound by it; give them a copy; and, if they agree, tell the union they have signed an individual agreement (section 62 of the Employment Relations Act 2000).
This Individual Employment Agreement (the "Agreement") is made on [date of agreement] between:
(1) [legal name of the employer] ([company number or nzbn of the employer]) of [registered office or principal place of business of the employer] (the "Employer"); and
(2) [full name of the employee] of [residential address of the employee] (the "Employee").
The Employer and the Employee are each a "Party" and together the "Parties".
Note: The Agreement must name the employer and the employee (section 65 of the Employment Relations Act 2000). For a company employer, use its full name as it appears on the Companies Register, its company number or NZBN and its registered office. For a sole trader employer, use the individual's full name, with their trading name after it if they have one, their NZBN if any, and their principal place of business. Use the Employee's full legal name.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions. In this Agreement:
"Confidential Information" has the meaning given in Clause 10.1.
"Intellectual Property Rights" means copyright, patents, designs, trade marks, rights in databases, rights in confidential information and know-how, and every other intellectual property right anywhere in the world, whether registered or not, including any application to register any of them.
"Policies" means the written workplace policies and procedures of the Employer that have been given or made available to the Employee, as changed under Clause 9.2.
"Remuneration" means the salary or wages payable under Clause 6.1.
"Start Date" means [start date of employment (e.g. 2 february 2027)].
This is a preview. The full template is free on GitLaw.
This individual employment agreement is for a New Zealand business hiring a permanent or fixed-term employee. It includes specific options for 90-day trial periods, availability provisions, and restraint of trade clauses tailored to New Zealand employment law.
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About this template
What is this template?
This is an individual employment agreement for the New Zealand jurisdiction that establishes the relationship between a business and a permanent or fixed-term worker. It contains specific New Zealand statutory protections such as the employee protection provision for restructuring and 90-day trial period clauses. It is not for casual work or independent contracting arrangements.
When should you use it?
Use this document when hiring a person in New Zealand as a regular employee on a permanent or fixed basis. Use a Casual Employment Agreement if the work is intermittent with no expectation of ongoing employment, or an Independent Contractor Agreement if the worker is in business for themselves.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 3.1 | Trial period or probation | Allows the Employer to dismiss the Employee within 90 days without the Employee being entitled to bring a personal grievance for unjustified dismissal. |
| 5.1 | Agreed hours | Specifies the guaranteed hours of work, days of work, and start and finish times for the Employee. |
| 5.4 | Availability | Obliges the Employee to be available for work beyond guaranteed hours in exchange for a specified availability compensation payment. |
| 6.1 | Remuneration | Sets the annual salary or hourly wage, ensuring the rate remains at or above the minimum wage for all hours worked. |
| 7.2 | Employer contributions | Determines whether KiwiSaver employer contributions are paid in addition to the Remuneration or as part of a total remuneration package. |
| 8.1 | Annual holidays | Entitles the Employee to four weeks of paid annual holidays after each completed 12 months of continuous employment. |
| 12.1 | Restraints after employment | Prohibits the Employee from soliciting customers or employees for a specified period and may include a non-compete restriction. |
| 13.1 | Notice | Permits either Party to end the employment by giving a written notice period, which is typically one to four weeks. |
| 13.6 | Employee protection on restructuring | Outlines the process for negotiating with a new employer if the business is sold or work is contracted out. |
Who it's for
- a New Zealand employer hiring a permanent full-time or part-time staff member
- a New Zealand business engaging an employee for a fixed term to cover parental leave
- a business requiring a 90-day trial period for a new hire who has not worked there before
How long it runs and how it's signed
Law it's drafted under
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