ࡱ > Po bjbjVV 7 < < Lg ! ! / / w/ w/ w/ / / / / $ / t / AG #0 90 90 90 90 1 1 1 F F F F F F F -J L ^ F w/ 1 1 1 1 1 F / / 90 90 F 44 44 44 1 L / R 90 w/ 90 F 44 1 F 44 44 lE U/ " F 90 0^B / d1 > E F G 0 AG F -M 3 L -M ( F -M w/ F @ 1 1 44 1 1 1 1 1 F F 3 F 1 1 1 AG 1 1 1 1 -M 1 1 1 1 1 1 1 1 1 ! - : Sample Fixed Term Employment Agreement
{insert company name and logo}
PARTIES
BETWEEN {Company Name} ( {Company Name}, us, our, we)
AND [name] (the Employee, you, your)
1.0 POSITION
1.1 You will be employed in the position of [ ]. You agree to perform all duties as reasonably directed by {company name}, and as set out in the position description attached as Schedule 1 to this agreement.
1.2 After consultation with you, we may reasonably vary your responsibilities and duties to suit the needs of {company name}.
1.3 You shall report to [ ], and will be based in {city}. From time to time, some travel may be required to fulfil the duties and responsibilities of your position.
2.0 FIXED TERM
2.1 This employment agreement is for a fixed term. The reason why you are being employed on a fixed-term basis is {insert reason it must be a genuine reason, based on reasonable grounds, as required by section 66 of the Employment Relations Act 2000}.
2.2 Your employment will commence on {date} and will terminate on {date} unless terminated earlier by either party in accordance with this agreement.
2.3 Nothing in this agreement shall expressly or by implication be read as providing an entitlement to or expectation of any further employment beyond this fixed term. Any agreed extension must be made in writing and signed by the parties.
2.4 Given the fixed-term nature of this agreement there shall be no entitlement to payment for redundancy.
3.0 PROBATIONARY PERIOD {OPTIONAL}
3.1 This agreement includes a probationary period of {insert duration} months to allow us to determine whether you are suited to the position. We will provide you with guidance and feedback during this period.
3.2 At the end of the probationary period we may:
(a) confirm you in the position; or
(b) elect to terminate this agreement by providing written notice of termination; or
(c) extend the probationary period for a reasonable period to allow us to assess further whether you are suited for the position.
3.3 For the avoidance of doubt, this clause does not prevent us terminating your employment summarily if you engage in serious misconduct.
TRIAL PERIOD {OPTIONAL} (only for business with fewer than 20 employees)
3.4 You will be employed initially for a trial period of {specify number of days, not exceeding 90} days from the date on which your employment commences (as specified in this agreement). The trial period will therefore end on {insert date} unless your employment is terminated earlier.
3.5 Consistent with sections 67A and 67B of the Employment Relations Act 2000, we may terminate your employment at any time during this trial period on such notice (if any) as we see fit. You will not be entitled to bring a personal grievance or other legal proceedings in respect of the termination.
3.6 The provisions below relating to termination do not apply to termination during this trial period.
4.0 YOUR GENERAL RESPONSIBILITIES
4.1 During the term of this agreement you shall:
(a) honestly, diligently, competently, and in good faith fulfil your duties and responsibilities;
(b) use your best endeavours to promote and protect {company name}s interests;
(c) be responsible for discharging your duties and responsibilities at all times during your hours of work;
(d) where appropriate, exercise the rights and powers conferred upon you by any enactment or delegated to you;
(e) comply with all statutory obligations imposed upon you or {company name};
(f) do all such incidental things consistent with or reasonably necessary for the proper performance of your duties and responsibilities;
(g) carry out and comply with all reasonable and lawful directions; and
(h) maintain high standards of conduct and integrity appropriate for a national sporting and recreation organisation.
5.0 GOOD EMPLOYER
5.1 During the term of this agreement {company name} shall act in good faith and as a good employer in all of our dealings with you.
5.2 For the purposes of this agreement a good employer is an employer who treats employees fairly and reasonably in all aspects of their employment.
5.3 We may offer to support you in your personal and professional development where this is relevant to your role and may fix the terms and conditions of any such support.
6.0 HOURS OF WORK
6.1 Your normal hours of work will be: {strike out either (a) or (b) as necessary}
(a) the normal office hours of {company name} (between [time] to [time] from [day] to [day] inclusive, being [x] hours per week) and, in addition, such other times as may reasonably be required by {company name} having regard to the duties and responsibilities of the position; or
(b) {insert the expected hours of work} and, in addition, such other times as may reasonably be required by {company name} having regard to the duties and responsibilities of the position.
6.2 You are entitled to an unpaid meal break of {insert} which is to be taken at a convenient time appointed by us. A break of {insert} minutes morning and afternoon shall be allowed for refreshments and must be taken at a convenient time appointed by us.
7.0 REMUNERATION
7.1 Your salary shall be $ [ ] gross per annum {or, delete as applicable} you shall be remunerated at a wage rate of $ [ ] per hour, payable to your nominated bank account (minus tax and any other lawful deductions) in equal [monthly/fortnightly] instalments.
7.2 We will supply you with written details showing how your salary is {delete as applicable} wages are compiled on your request or when there is a change to your remuneration (e.g. following a review).
7.3 Where the term of this fixed-term agreement is longer than 12 months, your remuneration may be reviewed after 12 months. Any such review shall take account your performance. Any salary increase remains solely at our discretion.
7.4 The remuneration received by you pursuant to this agreement shall be deemed to compensate you fully for all time worked and all duties and responsibilities performed under this agreement.
7.5 You will be reimbursed for actual and reasonable expenses properly incurred whilst on agreed {company name} business, provided that you obtain consent in advance of incurring such expenses and promptly provide {company name} with written receipts.
8.0 DEDUCTIONS
8.1 Where any money is owed by you to us (including any overpayment) during your employment or upon termination of your employment we may deduct that money owed from your pay. We will give you written notice of the deduction and the reason for it.
9.0 PERFORMANCE REVIEW (FOR AGREEMENTS EXCEEDING 12 MONTHS DURATION)
9.1 We shall prepare an annual Performance Agreement with you that details:
(a) the objectives of your position for that year; and
(b) the process and criteria by which your performance is to be assessed for that year.
9.2 The Performance Agreement shall relate to the duties and responsibilities that reasonably attach to your position.
9.3 Our decision on the contents of any Performance Agreement shall be final, but we will consult with you on the contents of the Performance Agreement, and will consider your views before finalising the Performance Agreement.
9.4 We will, from time to time, review, either generally or in respect of any particular matter, your performance in carrying out the duties and responsibilities of the position.
9.5 In reviewing your performance we shall, in addition to any other relevant matters, take into account your Performance Agreement.
10.0 HOLIDAYS AND LEAVE
10.1 You are entitled to holidays and leave in accordance with the Holidays Act 2003. The following clauses summarise some of the main entitlements. We are happy to answer any questions you might have about your entitlements. For more information you can contact the Department of Labour on its Employment Relations Infoline, 0800 800 863, or you may want to visit the Departments website, www.ers.dol.govt.nz. If you are a union member you may also want to contact your union.
11.0 ANNUAL HOLIDAYS
11.1 After completing 12 months continuous employment, you are entitled to four weeks annual holidays in accordance with the provisions of the Holidays Act 2003.
11.2 Where the term of this agreement is for 12 months or less, any outstanding annual holidays will be calculated and paid to you upon termination of this agreement, in your final pay .
11.3 Where the term of this agreement is for a period exceeding 12 months, annual holidays may be transferred to the subsequent 12 month period.
11.4 Where you wish to take annual holidays, you are required to provide a minimum of two weeks notice in advance to us requesting leave on specific dates.
11.5 Generally, we will try to accommodate your requests for annual holidays and seek mutual agreement as to when you will take your annual holidays.
11.6 Where we are unable to agree mutually when annual holidays will be taken, or if we have an annual closedown period, we may require that you take annual holidays by giving you 14 days notice in writing.
11.7 On termination of this agreement, we will pay any outstanding annual holidays owed to you in your final pay.
12.0 PUBLIC HOLIDAYS
12.1 In addition to annual holidays, you are entitled to public holidays in accordance with the Holidays Act 2003. You are entitled to a day off on your relevant daily pay where a public holiday falls on a day that would otherwise be a working day for you.
12.2 We may require you to work on a public holiday if the public holiday would otherwise be a working day for you. We will consult with you, where practicable, if we anticipate that you will be required to work on a public holiday.
12.3 If you are required to work on a public holiday, you shall be paid at the rate of time and a half for time actually worked on that day based on your relevant daily pay. In addition, if the day would otherwise be a working day for you an alternative holiday shall accrue to be taken at a mutually agreed time.
13.0 SICK LEAVE
13.1 After six months continuous employment, you shall be entitled to five days sick leave per annum in accordance with the Holidays Act 2003. Sick leave can be used when you are sick or injured or where your spouse, partner or a dependent person (such as a child or elderly parent) is sick or injured and needs care.
13.2 We require that you provide us with a medical certificate if you take sick leave for three or more consecutive calendar days.
13.3 We may also require that you provide us with a medical certificate within three consecutive calendar days if we have raised with you concerns as to the genuineness of sick leave taken by you and have informed you of the reasons for these concerns. In such a case, we will meet your reasonable expenses in obtaining the medical certificate.
14.0 BEREAVEMENT LEAVE
14.1 After six months continuous employment, you are entitled to take up to three days paid bereavement leave (either together or separately) for any purpose genuinely relating to the death of your spouse or partner, parent, child, sibling, grandparent, grandchild or your spouses or partners parent, in accordance with the Holidays Act 2003.
14.2 In addition, you may be entitled to one days bereavement leave on the death of any other person. In deciding whether you have suffered a bereavement, we will take into account the following factors:
(a) the closeness of the association between you and the deceased person;
(b) whether you have to take significant responsibility for all or any of the arrangements for ceremonies relating to the death; and
(c) any cultural responsibilities you may have in relation to the death.
15.0 PARENTAL LEAVE
15.1 The provisions of the Parental Leave and Employment Protection Act 1987 apply to this agreement.
16.0 JURY SERVICE (optional clause)
16.1 If you are required to attend jury service, we will pay you for each days jury service at an amount being the difference between your relevant daily pay and any payment that you receive for attending jury service, for a maximum of {number} days. You agree that we may request that you be excused from jury service to meet business demands.
17.0 HEALTH AND SAFETY
17.1 We will provide you with a safe working environment in accordance with the Health and Safety in Employment Act 1992.
17.2 In order to establish and maintain good and safe working conditions, we will formulate, with the assistance of employees, a set of policy guidelines to ensure that high standards of health and safety are maintained in the workplace.
17.3 You shall comply with our health and safety policies as varied from time to time and observe appropriate practices with respect to health and safety, including when working on or at client sites.
18.0 PROPERTY
18.1 Upon the termination of this agreement, or upon request, you shall immediately deliver to us any property of ours including keys and swipe cards that may be in your possession or under your control.
19.0 POLICIES AND PROCEDURES
19.1 You shall comply with all of our procedures or policies in place and as amended from time to time.
20.0 CONFIDENTIALITY
20.1 You agree that you will not at any time, whether during the term of this agreement or after your employment has terminated, disclose to any person any confidential information you obtain during your employment with us, except:
(a) for the purposes of obtaining legal or financial advice; or
(b) if such information is in the public domain, other than due to a breach of this clause by you; or
(c) as otherwise required by law.
20.2 Unless otherwise agreed in writing, all confidential records, documents and other papers together with any copies or extracts thereof, and whether held electronically or otherwise, made or acquired by you in the course of your employment shall be and shall remain the property of {company name} and must be returned to us on termination of your employment, or upon request.
20.3 For the purposes of this agreement, confidential information includes, but is not limited to:
(a) any information not known generally outside our business that relates to any of our business affairs, finances, trade secrets, intellectual property, related companies (as that term is defined in the Companies Act 1993), employees, contractors or customers;
(b) {specify any particular confidential information of concern}; and
(c) the terms of this agreement.
20.4 You shall not make any comment or statement (whether or not in writing) about {company name} or any of its activities to the media without the prior approval of the Chief Executive Officer.
21.0 OWNERSHIP OF WORK
21.1 You agree that you are not entitled to any copyright or other intellectual property in or arising from any work you produce in the course of your employment with us. This includes any programme, strategy or system you develop during your employment with us. Any copyright, intellectual property or merchandising rights in such work shall be the sole and exclusive property of {company name}.
22.0 SECONDARY EMPLOYMENT
22.1 Unless otherwise agreed in writing, you must work exclusively for us throughout the term of your employment and not directly or indirectly be engaged in any other employment, work or business for which you receive payment.
23.0 CONFLICT OF INTEREST
23.1 You shall disclose to us, in writing, all interests of you and of your immediate family which may conflict with our interests. You shall make the first declaration of such interests on signing this agreement and thereafter at our request, or upon becoming aware of any interest of yours or of your immediate family that may conflict with our interests. You agree to take such steps as we may reasonably require to resolve or manage any such conflict.
23.2 Without our prior approval you shall not engage in any activity, paid or unpaid, which impinges upon or is likely to impinge upon, the proper performance of your duties and responsibilities under this agreement.
23.3 If we form the opinion that any activity engaged in or about to be engaged in by you impinges upon, or is reasonably likely to impinge upon, the proper performance of your duties and responsibilities under this agreement, we may, after considering any comments from you, direct you to cease or refrain from such activity and you shall act accordingly.
24.0 TERMINATION OF AGREEMENT
24.1 This agreement may be terminated at any time by either party giving not less than four weeks written notice of termination to the other party. We may choose to pay you in lieu of that notice period.
Serious misconduct
24.2 Notwithstanding clause 24.1, if you engage in serious misconduct we shall be entitled to terminate your employment summarily (without notice).
24.3 Serious misconduct shall include (but not be limited to):
(a) any material breach of the terms of this agreement;
(b) any dishonesty or theft;
(c) any situation where you behave in a manner likely to bring you, or {company name}, into disrepute;
(d) falsification of {company name}s records;
(e) wilful damage of our property;
(f) unauthorised absence from work;
(g) any acts of violence, threatened violence or harassment (including sexual harassment) against another employee, contractor, customer or potential customer of {company name} whilst in the course of your employment;
(h) being drunk or using or being affected by illegal substances or drugs whilst in the course of your employment;
(i) wrongfully disclosing confidential information; and
(j) inappropriate use of electronic media, including computers and the internet.
Suspension
24.4 If it is alleged that you have engaged in misconduct or serious misconduct, we may suspend you on full pay pending the outcome of any investigation by us into that alleged misconduct or serious misconduct.
Misconduct or poor performance
24.5 We may terminate your employment for repeated misconduct or poor performance after following a disciplinary process. In such a case, we will give you four weeks notice of termination (or payment in lieu of such notice).
Incapacity
24.6 We may terminate your employment by reason of incapacity if we consider, on reasonable grounds, that you are no longer able, as a result of mental or physical illness, injury or impairment, to perform properly your duties and responsibilities under this agreement.
Redundancy
24.7 We may terminate your employment for redundancy, in which case the redundancy provisions of this agreement will apply.
Abandonment of employment
24.8 We may terminate your employment if you are absent from work for a period exceeding three consecutive working days without notifying us, in which case you will be deemed to have abandoned and so terminated your employment, unless we are satisfied that you have provided us with a satisfactory explanation for your absence.
25.0 REDUNDANCY
25.1 Your employment may be terminated by {company name} for reason of redundancy if your position becomes surplus to the {company name}s needs.
25.2 If we believe your position may be surplus, we will consult with you prior to making a decision whether or not to disestablish the position.
25.3 If your position is made redundant, we will provide you with four weeks notice of termination, or pay you in lieu of such notice. This notice period is in place of and not in addition to the notice period set out in clause 24.1. You shall not be entitled to redundancy compensation.
26.0 TRANSFER OF BUSINESS
26.1 In the event that our business undergoes a restructuring, being:
(a) entering into a contract or arrangement under which our business (or part of it) is undertaken by another person (the new employer); or
(b) the sale or transfer of our business (or part of it) to another person (the new employer),
then the employee protection provisions below will apply.
26.2 A restructuring does not include situations where:
(a) a contract or arrangement under which we carry out work on behalf of another person is terminated; or
(b) any or all of {company name} shares are sold or transferred; or
(c) any contract or arrangement for sale or transfer is entered into, made or concluded after {company name} has been adjudged bankrupt or is in receivership or liquidation.
Negotiation with new employer
26.3 In the event of a restructuring which will affect your continued employment with us, we will meet with the new employer to discuss the possibility of you (and other employees) being employed by the new employer.
26.4 We will negotiate with the new employer to determine the following matters:
(a) whether you will be offered employment by the new employer and if so, on what terms (including whether you will be offered the same terms and conditions of employment); and
(b) whether your service with us will be treated as continuous service with the new employer.
Process to determine entitlements for non-transferring employees
26.5 Where the termination of your employment is attributable to a restructuring, you will not be transferring to the new employer, and we do not redeploy you, we will consider and advise you of your entitlements (if any) on termination. For the avoidance of doubt, this does not impose an obligation on us to pay redundancy or any other form of compensation for the loss of your employment.
(If you are covered by Schedule 1A of the Employment Relations Act 2000, a different process to the one set out above applies in a restructuring. We will provide you with relevant information about the applicable process).
27.0 FORCE MAJEURE
27.1 Neither party will be liable to the other for any failure to perform the partys obligations under this agreement by reason of circumstances beyond the partys reasonable control, including acts of God, war, natural disaster, health epidemic or pandemic, or governmental actions.
28.0 RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS
28.1 If you believe that you have a personal grievance or any other employment relationship problem, we encourage you to try and resolve it directly with the person with whom you think you have a grievance or problem. You may choose to do this verbally or in writing. You may also seek the assistance of your manager to facilitate a resolution.
28.2 Schedule 2 to this agreement contains a plain language explanation of the services available for the resolution of employment relationship problems.
28.3 If you cannot resolve the grievance or problem you think you have, then you must refer it to your manager before taking any action in the Employment Relations Authority or the Employment Court under the Employment Relations Act 2000. Such referral must be made to your manager as soon as possible but no later than 90 days from the date on which the alleged grievance or problem occurred or came to your notice (unless otherwise agreed in writing by your manager). This referral shall be considered to be the raising of a grievance by you under section 114(2) of the Employment Relations Act 2000.
29.0 COMPLETE AGREEMENT/VARIATION
29.1 This agreement sets out the whole of the agreement between you and us. It replaces any previous written or oral agreements or understandings.
29.2 Any variation to this agreement must be recorded in writing and signed by both parties before it is valid.
30.0 INDEPENDENT ADVICE
30.1 You acknowledge that you have been invited to take independent advice on the terms of this agreement and its implications, and that you have been given a reasonable opportunity to do so as well as the opportunity to present your own issues to us and receive a response.
Signing of agreement
SIGNED by:
(The Employee)
Name:
Date:
On Behalf of {company name}SIGNED by:
Name:
Position:
Date:
SCHEDULE 1
POSITION DESCRIPTION (insert here)
SCHEDULE 2 Resolution of Employment Relationship Problems
As required by section 65(2)(a)(vi) of the Employment Relations Act 2000 the following is a plain language explanation of the services available for the resolution of employment relationship problems.
The following are the options available to employees who believe there is an employment relationship problem.
{Company name} encourages employees to check their facts before taking things further.
For additional information:
Contact the Employment Relations Info line Call free 0800 800 863.
Visit the website at HYPERLINK "http://www.ers.dol.govt.nz" www.ers.dol.govt.nz.
Get pamphlets/fact sheets from Employment Relations Service offices.
Talk to a lawyer, community law office or industrial relations consultant.
Employees are encouraged to talk to their manager or an appropriate person in the organisation. It is ideal if we can solve our own problems quickly and fairly wherever possible.
If the problem cant be solved internally, the Mediation Service run by the Department of Labour can be accessed. The Mediation Service provides information about employment rights and obligations, as well as providing impartial mediators to help solve the problem.
If the Mediation Service does not provide a solution, the Employment Relations Authority may be approached for help. Employees taking this more formal step may wish to have someone representing them. The Authority will investigate the problem and make a decision.
If the decision is not satisfactory to the employee, the problem can then be taken to the Employment Court or ultimately to the Court of Appeal.
If an employee has a personal grievance it must be raised within 90 days after the action complained of, or the date the employee became aware of it (unless the employer accepts the grievance or there are exceptional circumstances as set out in sections 114 and 115 of the Employment Relations Act 2000).
If an employee believes they have a personal grievance based on discrimination or sexual harassment they may be able to make a complaint under the Human Rights Act 1993. A personal grievance cant be referred to both the Human Rights Commission and the Employment Relations Authority.
If the problem is about minimum entitlements under the law, a Labour Inspector can be contacted to enforce employee rights under minimum rights legislation, such as the Minimum Wage Act 1983 or the Holidays Act 2003.
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