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.
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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
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
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
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