The Real Estate Employment Agreement is essential for establishing clear terms of employment between real estate agencies and their agents in New Zealand. This document is used when hiring licensed real estate professionals, whether they are new to the industry or experienced agents changing agencies. It addresses the unique aspects of real estate employment, including commission-based compensation, compliance with the Real Estate Agents Act 2008, and specific industry obligations. The agreement must balance the flexible nature of real estate work with New Zealand employment law requirements, incorporating provisions for professional development, client relationship management, and regulatory compliance. It's particularly important in protecting both employer and employee interests while ensuring transparency in areas such as commission structures, performance expectations, and compliance responsibilities.
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1. Parties: Identification of the employer (real estate agency) and the employee (real estate agent)
2. Background: Context of the agreement, including the agency's business and the agent's qualifications/license status
3. Definitions: Key terms used throughout the agreement including commission, listings, sales, settled transactions
4. Position and Duties: Role description, responsibilities, and obligations as a real estate agent
5. Term of Employment: Duration of employment (fixed-term or permanent) and probationary period if applicable
6. Hours of Work: Expected working hours, flexibility arrangements, and availability requirements
7. Remuneration: Base salary (if any), commission structure, and payment terms
8. Performance Standards: Expected targets, KPIs, and minimum performance requirements
9. Compliance Obligations: Obligations under Real Estate Agents Act, AML/CFT requirements, and other relevant legislation
10. Professional Development: Training requirements, continuing education, and licensing maintenance
11. Leave Entitlements: Annual, sick, bereavement leave and public holiday arrangements
12. Expenses and Resources: Reimbursement policies, provided tools, and business expense arrangements
13. Confidentiality: Protection of confidential information and client data
14. Restraint of Trade: Post-employment restrictions and client non-solicitation provisions
15. Termination: Notice periods, grounds for termination, and final payment arrangements
16. Dispute Resolution: Process for resolving employment-related disputes
17. General Provisions: Governing law, entire agreement, amendments, and severability
1. Vehicle Allowance: Details of vehicle provision or allowance when the agency provides a car or car allowance
2. Team Leadership: Additional responsibilities and compensation for agents who lead teams
3. International Clients: Special requirements and compliance obligations when dealing with overseas buyers
4. Property Management: Additional terms for agents who also handle property management duties
5. Digital Marketing: Specific obligations and guidelines regarding social media and online marketing
6. Franchise Obligations: Additional requirements if the agency is part of a franchise network
1. Commission Structure: Detailed breakdown of commission calculations and payment scenarios
2. Position Description: Comprehensive list of duties, responsibilities, and performance expectations
3. Office Procedures: Agency-specific protocols and procedures
4. Technology Systems: List of provided software, systems, and related policies
5. Expense Policy: Detailed policy on reimbursable expenses and claim procedures
6. Code of Conduct: Agency's specific conduct requirements and professional standards
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