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Dual Employment Agreement Template for New Zealand

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Dual Employment Agreement

"I need a Dual Employment Agreement for a software developer who will split their time between coding (4 days/week) and team leadership (1 day/week) roles starting March 1, 2025, with specific provisions for managing intellectual property rights across both positions."

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What is a Dual Employment Agreement?

The Dual Employment Agreement is specifically designed for situations where an organization wishes to employ an individual in two distinct roles while maintaining compliance with New Zealand employment law. This arrangement is common in scenarios where employees take on additional responsibilities that are significantly different from their primary role, or where organizations need flexible staffing solutions. The document includes comprehensive provisions for managing both positions, including detailed job descriptions, separate reporting lines, distinct performance metrics, and clear guidelines for managing potential conflicts. It ensures compliance with all relevant New Zealand legislation, including the Employment Relations Act 2000, Holidays Act 2003, and Health and Safety at Work Act 2015, while providing clarity and protection for both employer and employee in managing dual role responsibilities.

What sections should be included in a Dual Employment Agreement?

1. Parties: Identifies the employer and employee entering into the dual employment agreement

2. Background: Explains the context of the dual employment arrangement and the reason for two distinct roles

3. Definitions: Defines key terms used throughout the agreement, including specific terminology related to each role

4. Nature of Agreement: Explains the dual employment structure and relationship between the two roles

5. Position A Details: Detailed description of the first role, including title, duties, and reporting lines

6. Position B Details: Detailed description of the second role, including title, duties, and reporting lines

7. Hours of Work: Specifies the allocated hours for each role and how they are to be managed

8. Remuneration: Details the compensation structure for both roles, including any role-specific allowances

9. Leave Entitlements: Explains how various types of leave are calculated and applied across both roles

10. Performance Management: Outlines how performance will be evaluated for each role

11. Conflicts of Interest: Addresses potential conflicts between the two roles and how they will be managed

12. Confidentiality: Specifies confidentiality obligations across both roles

13. Termination: Details termination provisions, including impact of terminating one role on the other

14. General Provisions: Standard contract clauses including variation, governing law, and entire agreement

What sections are optional to include in a Dual Employment Agreement?

1. Probationary Period: Include if either role requires a trial or probationary period

2. Specific Role Requirements: Include if either role requires specific qualifications, certifications, or licenses

3. Travel Requirements: Include if either role involves travel obligations

4. Commission Structure: Include if either role includes commission-based compensation

5. Intellectual Property: Include if either role involves creation of IP or creative work

6. Non-Competition: Include if there are restrictions on external employment or business activities

7. Flexible Working Arrangements: Include if there are specific flexible working provisions

8. Health and Safety Specific Provisions: Include if either role has specific health and safety requirements

What schedules should be included in a Dual Employment Agreement?

1. Schedule 1: Position A Job Description: Detailed job description, responsibilities, and KPIs for first role

2. Schedule 2: Position B Job Description: Detailed job description, responsibilities, and KPIs for second role

3. Schedule 3: Remuneration Details: Detailed breakdown of salary, benefits, and allowances for each role

4. Schedule 4: Hours of Work Schedule: Detailed weekly schedule showing allocation of hours between roles

5. Appendix A: Company Policies: Relevant company policies applicable to both roles

6. Appendix B: Role-Specific Requirements: Any specific requirements, qualifications, or certifications needed for each role

7. Appendix C: Conflict Management Protocol: Detailed procedures for managing potential conflicts between roles

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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