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Retroactive Employment Contract Template for New Zealand

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Key Requirements PROMPT example:

Retroactive Employment Contract

"I need a Retroactive Employment Contract for a software developer who has been working as a contractor since January 2025 but needs to be formally recognized as a full-time employee, including backdated benefits and KiwiSaver contributions."

What is a Retroactive Employment Contract?

The Retroactive Employment Contract is utilized in New Zealand when there is a need to formally document an existing employment relationship for a historical period. This typically occurs in situations where an informal employment arrangement needs to be formalized, when there has been an administrative oversight in documentation, or when changes in employment status require backdated recognition. The agreement ensures compliance with New Zealand employment law while addressing historical employment terms, remuneration, leave entitlements, and other benefits. It is designed to protect both employer and employee interests by clearly documenting the terms of employment that were in effect during the retroactive period, while also establishing current and ongoing employment conditions. The document must comply with various New Zealand legislation including the Employment Relations Act 2000, Minimum Wage Act 1983, and Holidays Act 2003, ensuring all historical entitlements are properly calculated and documented.

What sections should be included in a Retroactive Employment Contract?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the employment relationship, reasons for retroactive agreement, and acknowledgment of prior work arrangement

3. Definitions: Key terms including 'Retroactive Period', 'Effective Date', 'Original Start Date', and other relevant definitions

4. Term and Retroactive Effect: Specification of the retroactive period, current employment status, and ongoing duration of employment

5. Position and Duties: Job title, role description, and responsibilities during both retroactive period and ongoing employment

6. Hours of Work: Standard hours, days of work, and any variations during the retroactive period and going forward

7. Location of Work: Primary work location and any historical variations

8. Remuneration: Salary/wage rates, including historical rates, payment arrangements, and method of retroactive payment calculation

9. Leave Entitlements: Annual, sick, and other leave entitlements, including accrual and calculations for the retroactive period

10. Public Holidays: Treatment of public holidays during the retroactive period and ongoing entitlements

11. KiwiSaver: KiwiSaver arrangements and retrospective contributions if applicable

12. Historical Entitlements: Calculation and payment of historical entitlements including holidays, leave, and other benefits

13. Tax Treatment: Management of PAYE and other tax obligations for retroactive payments

14. Confidentiality: Obligations regarding confidential information, both historical and ongoing

15. Termination: Notice periods and termination provisions

16. Governing Law: Confirmation that the agreement is governed by New Zealand law

What sections are optional to include in a Retroactive Employment Contract?

1. Probationary Period: Only included if the original employment commenced with a probation period that needs to be documented

2. Commission/Bonus Structures: Include if the role involves historical or ongoing commission or bonus arrangements

3. Vehicle/Tool Allowances: Include if employee was or is entitled to vehicle or tool allowances

4. Intellectual Property: Include for roles involving creation of IP during the retroactive period

5. Health and Safety: Detailed section required for high-risk industries or specific safety requirements

6. Training and Development: Include if specific historical or ongoing training obligations exist

7. Restraint of Trade: Include for senior roles or where trade restrictions apply

8. Collective Agreement Reference: Include if employment was/is covered by a collective agreement

What schedules should be included in a Retroactive Employment Contract?

1. Schedule 1 - Historical Remuneration Calculation: Detailed breakdown of retroactive pay calculations and adjustments

2. Schedule 2 - Leave History: Record of leave taken and entitlements during retroactive period

3. Schedule 3 - Position Description: Detailed current and historical role descriptions if changed over time

4. Appendix A - Historical Changes Log: Documentation of any changes in terms during retroactive period

5. Appendix B - Statutory Declaration: If required, statutory declaration confirming historical working arrangements

6. Appendix C - Payment Schedule: Schedule of how retroactive payments will be made and timing

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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General Manager

Office Administrator

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Department Supervisor

Production Worker

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Financial Analyst

HR Coordinator

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Industries









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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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