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Employee Retainer Agreement Template for New Zealand

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Key Requirements PROMPT example:

Employee Retainer Agreement

"I need an Employee Retainer Agreement for a senior IT consultant who will work minimum 60 hours per month from March 2025, with flexible working arrangements and priority access to their services for urgent cybersecurity incidents."

What is a Employee Retainer Agreement?

The Employee Retainer Agreement is designed for situations where an organization requires consistent access to an employee's services while guaranteeing them a minimum level of work or compensation. This arrangement is particularly valuable for roles requiring specialized skills or expertise on a regular but flexible basis. The agreement, governed by New Zealand law, provides security for both parties: the employer ensures priority access to the employee's services, while the employee receives guaranteed minimum compensation. The document includes comprehensive terms covering work arrangements, compensation structure, minimum hours, availability requirements, and additional service rates, all while ensuring compliance with New Zealand employment legislation. This type of agreement is commonly used in professional services, consulting, and specialized technical roles where regular but variable engagement is needed.

What sections should be included in a Employee Retainer Agreement?

1. Parties: Identifies the employer and employee, including their legal names and addresses

2. Background: Outlines the context of the retainer arrangement and the employer's desire to engage the employee on a retainer basis

3. Definitions: Defines key terms used throughout the agreement, including 'Retainer Period', 'Services', 'Minimum Hours', etc.

4. Nature of Agreement: Specifies this as a retainer agreement and explains the employment relationship

5. Term and Engagement: Details the duration of the retainer arrangement, including start date and any renewal provisions

6. Services and Duties: Describes the services to be provided and the employee's key responsibilities

7. Minimum Hours and Availability: Specifies the minimum guaranteed hours and the employee's availability obligations

8. Retainer Fee and Additional Compensation: Details the base retainer payment and rates for additional hours or services

9. Work Location and Equipment: Specifies where work will be performed and what equipment will be provided

10. Reporting and Performance: Outlines reporting requirements and performance expectations

11. Leave Entitlements: Details holiday, sick leave, and other leave entitlements as per NZ law

12. Confidentiality: Defines confidential information and obligations regarding its protection

13. Intellectual Property: Addresses ownership and rights to work created during the engagement

14. Termination: Specifies circumstances and process for ending the agreement

15. General Provisions: Includes standard clauses like governing law, entire agreement, and amendments

What sections are optional to include in a Employee Retainer Agreement?

1. Non-Competition: Restrictions on working for competitors, used when employee has access to sensitive information or client relationships

2. Non-Solicitation: Restrictions on soliciting clients or employees, included when employee has significant client contact

3. Health and Safety: Detailed health and safety obligations, required for high-risk work environments

4. Training and Professional Development: Provisions for ongoing training, included when specific qualifications or skills maintenance is required

5. Performance Bonus: Details of any performance-based incentives, included when bonus structure is part of compensation

6. International Travel: Provisions for international work requirements, included when role involves overseas travel

7. Vehicle Allowance: Details of vehicle or transport allowance, included when regular travel is required

8. Working from Home: Specific provisions for remote work arrangements, included when remote work is permitted

What schedules should be included in a Employee Retainer Agreement?

1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and required qualifications

2. Schedule 2 - Compensation Details: Comprehensive breakdown of retainer fee, hourly rates, and any additional benefits

3. Schedule 3 - Minimum Hours and Availability Requirements: Specific details of work hours, on-call requirements, and availability expectations

4. Schedule 4 - Company Policies: Reference to or inclusion of relevant company policies that form part of the agreement

5. Schedule 5 - Equipment and Resources: List of company-provided equipment and resources

6. Appendix A - KiwiSaver Information: Standard KiwiSaver information and forms as required by NZ law

7. Appendix B - Health and Safety Procedures: Specific health and safety procedures relevant to the role

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

Relevant legal definitions



































Clauses









































Relevant Industries

Professional Services

Legal Services

Healthcare

Information Technology

Creative Industries

Consulting

Engineering

Financial Services

Education

Media and Communications

Relevant Teams

Legal

Human Resources

Finance

Information Technology

Creative Services

Operations

Engineering

Consulting

Research and Development

Marketing

Relevant Roles

Consultant

Legal Advisor

IT Specialist

Healthcare Professional

Creative Director

Project Manager

Technical Specialist

Financial Advisor

Education Specialist

Marketing Consultant

Business Analyst

Engineering Consultant

Research Specialist

Content Creator

Strategic Advisor

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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