The Employee Outsourcing Agreement is designed for businesses operating in New Zealand that seek to engage workers through an outsourcing arrangement. This agreement is essential when a company (the host company) wishes to utilize workers employed by another company (the outsourcing service provider) while ensuring compliance with New Zealand employment laws and regulations. The document addresses key aspects including employment terms, workplace safety, liability allocation, and operational procedures, while maintaining alignment with the Employment Relations Act 2000, Health and Safety at Work Act 2015, and other relevant New Zealand legislation. The agreement is particularly relevant in situations where companies need flexible workforce solutions, specialized skills, or want to focus on core business activities while delegating employment administration and compliance responsibilities to a specialized provider.
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1. Parties: Identifies the contracting parties: the outsourcing company (service provider) and the host company (client)
2. Background: Outlines the context of the agreement, including the purpose of the outsourcing arrangement and the general intent of the parties
3. Definitions: Defines key terms used throughout the agreement, including 'Outsourced Employees', 'Services', 'Workplace', etc.
4. Scope of Services: Details the employee outsourcing services to be provided, including types of roles and responsibilities
5. Term and Renewal: Specifies the duration of the agreement and conditions for renewal
6. Service Provider Obligations: Outlines the outsourcing company's responsibilities, including employment, payroll, and statutory compliance
7. Client Obligations: Details the host company's responsibilities, including workplace conditions, supervision, and coordination
8. Employee Management: Covers recruitment, selection, training, performance management, and discipline procedures
9. Health and Safety: Establishes health and safety responsibilities and compliance requirements for both parties
10. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures
11. Confidentiality and Privacy: Addresses the protection of confidential information and personal data
12. Liability and Indemnification: Allocates risks and responsibilities between parties
13. Dispute Resolution: Outlines procedures for resolving disputes between parties
14. Termination: Specifies termination rights, notice periods, and consequences of termination
1. Immigration Compliance: Required when the agreement involves foreign workers, detailing visa and immigration compliance requirements
2. Intellectual Property: Needed when outsourced employees may create or have access to intellectual property
3. Non-Competition: Optional restrictions on the service provider's ability to provide similar services to competitors
4. Transition Services: Required for complex arrangements where specific transition procedures are needed at the start or end of the agreement
5. Insurance Requirements: Detailed insurance obligations beyond standard coverage
6. Business Continuity: Required for critical service arrangements requiring specific disaster recovery and business continuity measures
7. Security Requirements: Needed when outsourced employees require access to sensitive systems or facilities
1. Schedule 1: Service Specifications: Detailed description of outsourced roles, responsibilities, and service levels
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, charges, and payment calculations
3. Schedule 3: Key Personnel: List of key contacts and their roles from both parties
4. Schedule 4: Employee Minimum Terms: Minimum employment terms and conditions for outsourced employees
5. Schedule 5: Performance Metrics: KPIs and performance measurement criteria
6. Appendix A: Standard Operating Procedures: Detailed procedures for day-to-day operations and management
7. Appendix B: Required Forms and Templates: Standard forms for reporting, requests, and communications
8. Appendix C: Health and Safety Procedures: Specific health and safety requirements and procedures
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