Under the Employment Relations Act, every employee must have a written employment agreement. This and the letter of offer should be signed by both parties before the employee commences work.
Examples of the following Individual Employment Agreements (IEAs) are available to download. These documents are subject to this disclaimer.
Position descriptions are used in conjuction with Employment Agreements.
* The employment agreements have been updated to reflect changes to the Employment Relations Act and Holidays Act effective from 1 April 2011, including the optional 90 day trial period.
From 1 July 2011, employers must retain a copy of the written IEA or current terms and conditions for each employee. This includes all versions during the negotiation process and applies even if the IEA is unsigned or the employee has not agreed to the terms and conditions.
If you are employing someone for a fixed term, choose the employment agreement below and then read the fixed term content and download the relevant clauses to include in the agreement.
Force majeure
Commercial contracts often contain a force majeure clause, which releases the parties from their obligations when they are unable to fulfil them due to some form of emergency, natural disaster or other circumstance beyond their control.
Typically, force majeure clauses are not included in employment agreements, but in light of the increase in natural disasters and pandemic alerts, you might consider including a force majeure clause in new employment agreements. You could also include such a clause in your existing employment agreements if your employees agreed.
The aim of the clause is to avoid the need for you to make employees redundant, and thereby the need to provide notice or pay redundancy compensation.
With that said, force majeure clauses are rarely seen in the employment field, and it is possible that when they are used arguments may be raised as to their unenforceability. However, should you cease providing work to, and cease paying, your employees, you will probably be in a stronger position if you have a force majeure clause in your employment agreements.
Because employers are statutorily obliged to act in good faith, and will continue to be bound by their obligations of trust and confidence, force majeure clauses should be relied upon only as a last resort and, where possible, you should implement the force majeure clause fairly.
The sample agreements include an optional force majeure clause.
Drug and alcohol testing
If you wish to add a clause to cover drug and alcohol testing you can access this here.
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