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employment
agreements
     
build an employment agreement
how to hire guide
employment agreement guide
build a letter of appointment
minimum employment rights
who is an employee and who is not?
offering employment
forming an employment relationship
terms & conditions of employment
sample problem resolution procedures
fixed-term agreements & trial periods
ending an employment relationship

employment agreements

 
 

Every employee employed after 2 October 2000 must have a written employment agreement. It can be either an individual agreement or a collective agreement.

There are some provisions that must be included in employment agreements by law, and there are also a number of minimum conditions that must be met regardless of whether they are included in agreements. Employment law also provides a framework for negotiating additional entitlements.

This section looks at the rules governing employment relationships in New Zealand under the Employment Relations Act from the start of the relationship, through to how it is formalised in an employment agreement and how it can end.

 

The Employment Agreement Builder

The Employment Agreement Builder can help you to put together a draft employment agreement for your employee. It clearly shows you which clauses are compulsory, which clauses reflect minimum conditions that the employee is entitled to regardless of their inclusion in their employment agreement, and which clauses can be included voluntarily to meet the needs of you and your employee.

The key to this information is use it as a starting point to establish conditions that best suit your particular relationship and situation, and then reflect those conditions clearly in the employment agreement.

If you've already got an agreement but you'd like to know more about it, we've also created the Employment Agreement Guide. This reference guide contains clauses you're likely to find in a typical agreement, and provides you with common uses, rules and definitions.

 

Covering letters

You can also customise and download a range of covering letters to send out with your employment agreement. These letters cover the range of circumstances that the Employment Relations Act requires employers to address when offering employment.

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Good faith

The Employment Relations Act 2000 has “good faith” as its central principle. This means that employers, employees and unions must deal with one another honestly and openly.

Specifically, the Act:

  • promotes good employment relations and mutual respect and confidence between employers, employees, and unions
  • sets the environment for individual and collective employment relationships
  • sets out requirements for the negotiation and content of collective and individual employment agreements
  • provides prompt and flexible options for resolving problems in employment relationships.

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Booklet

We have produced a comprehensive booklet about how to hire staff. This booklet is being updated to reflect the amendments to the Employment Relations Act that take effect from 1 Dember 2004. A revised booklet will be available in early 2005 and you will be able to get a printed copy by using our online order form or contacting the Employment Relations Infoline.

Who needs this information?

  • Anyone who has a paid job or who employs other people in paid work
  • Anyone intending to work or who has a new job
  • Employers who want to know what they now have to do when employing new staff
  • Those negotiating new employment agreements
  • Anyone who wants to know what can be included in employment agreements
  • Anyone who needs information when an employment relationship ends, such as in the event of dismissal, redundancy, retirement or resignation.

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Further information & guidance

We welcome the opportunity to help you further. If you can’t find an answer to your question, or you want further clarification, more detailed information or guidance on any matter covered here, try a more detailed search or ask us a question.

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Disclaimer

The content of this document covers common problems. It will not answer every question and should not be used as a substitute for legislation or legal advice.

The Department of Labour takes no responsibility for the results of any actions taken on the basis of information on this website, nor for any errors or omissions.

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Copyright

Material featured on this site is subject to Crown copyright protection unless otherwise indicated.

The Crown copyright protected material may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material being reproduced accurately and not being used in a derogatory manner or in a misleading context. Where the material is being published or issued to others, the source and copyright status should be acknowledged.

The permission to reproduce Crown copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorisation to reproduce such material should be obtained from the copyright holders concerned.

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This page was last updated on: 11-Jul-2007 and is current.

build an employment agreement | employment agreement guide | build a letter of appointment | minimum employment rights | who is an employee and who is not? | offering employment | forming an employment relationship | terms & conditions of employment | sample problem resolution procedures | fixed-term agreements & trial periods | ending an employment relationship

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