Every employee in New Zealand must have a written employment agreement. This guide explains what must be included and how to create compliant contracts for casual staff.
Why You Need a Contract
Employment agreements are legally required in NZ and must be:
- In writing
- Signed before work begins
- Clearly written in plain language
- Include all mandatory clauses
Mandatory Clauses
All employment agreements must include:
- Names of employer and employee
- Job description and duties
- Location of work
- Hours of work (or "casual/variable" for casual staff)
- Wages or salary
- How and when wages are paid
- Leave entitlements
- Notice period for ending employment
- Protection against discrimination
- Employment relationship problem resolution
Optional Clauses
You may also want to include:
- Confidentiality agreements
- Intellectual property ownership
- Non-compete clauses (must be reasonable)
- Health and safety responsibilities
- Dress code or uniform requirements
90-Day Trial Periods
Businesses with fewer than 20 employees can include a 90-day trial period. During this time:
- Employee can be dismissed without personal grievance claims
- Must be clearly stated in the contract before work starts
- Employee still entitled to wages, holidays, and other entitlements
- Cannot be used if employee has worked for you before
Important: Trial periods must be in writing and signed before the first day of work. They cannot be added afterwards.
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