Mandatory clauses
In order for an individual employment agreement to meet the minimum requirements by law, it must contain at least the clauses listed below, or a derivation thereof.
The text below may not reflect the nature of your agreement (i.e. you may be on an hourly rate rather than a salary, or may be part time rather than full time).
Employer & Employee
The parties to this employment agreement are:
1. [insert employer's name], the "Employer"; and
2. [insert employee's name], the "Employee".
Position
The Employee is being employed as [insert title of position].
Duties
The Employee shall perform the duties set out in the Job Description attached to this agreement.
Place of Work
The parties agree that the Employee shall perform their duties at [insert location of Employer's premises].
Working Hours
The Employee's hours of work shall be [insert number] hours per week on [insert days], between the hours of [insert start and finish times].
Types of Pay
The Employee's salary shall be $[insert figure] per annum, which shall be paid [insert pay period:daily:weekly:fortnightly:twice a month:monthly:quarterly:annually] on [insert day on which payment will be made] [insert payment method:into a bank account nominated by the Employee:by cheque:in cash].
Public Holidays
The employee shall be entitled to be paid for the time actually worked on a Public Holiday[PENAL RATE]
Rights in contracting out situations
Restructuring due to transfer
In the event that all or part of the work undertaken by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity for the employee to comment on the proposal, consider and respond to their comments.
Negotiations with new employer
Example - Employer to require offer of similar position in restructuring situations
The employer will negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment.
No transfer or employment
Example - Employer to activate redundancy provisions if employee not transferred to the new employer
Where the employee either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will activate the redundancy provisions of this agreement.
Resolving Employment Relationship Problems
Example - Short Form
If any employment issues arise, those should be raised with the Employer as soon as possible so that they can be resolved. If the matter is not resolved either party can seek assistance from the Department of Labour's mediation service. If the issues are not resolved at mediation, they may be referred to the Employment Relations Authority.
If the issue is a personal grievance, the Employee must present that grievance within 90 days of the event giving rise to the grievance, or after further time if allowed by the Employer or where the Employment Relations Authority grants an extension of time.
If the employee's employment agreement contains a trial period clause, they may not raise a personal grievance on the grounds of unjustified dismissal. The employee may raise a personal grievance on other grounds as specified in sections 103(1)b-g of the Employment Relations Act, and in the trial period clause of this agreement.
