The Sales Manager Employment Contract is a comprehensive employment agreement template designed for use in New Zealand business contexts. It is specifically crafted to establish the employment relationship between companies and their sales management personnel, ensuring compliance with New Zealand employment legislation including the Employment Relations Act 2000, Holidays Act 2003, and Fair Trading Act 1986. This contract template is particularly useful when hiring or promoting individuals into sales management positions, containing detailed provisions for commission structures, sales targets, team management responsibilities, and territory assignments. It includes robust protective clauses for confidential information and customer relationships, which are crucial for sales management roles, while ensuring fair and equitable terms for both parties in accordance with New Zealand employment law principles.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the employment relationship and brief description of the role
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Detailed description of the role, responsibilities, and reporting relationships
5. Term of Employment: Whether fixed-term or permanent, start date, and probationary period if applicable
6. Hours of Work: Standard working hours, flexibility requirements, and overtime provisions
7. Location: Primary work location and travel requirements
8. Remuneration: Base salary, commission structure, review periods, and payment details
9. Benefits: Standard benefits package including insurance, phone, vehicle allowance if applicable
10. Leave Entitlements: Annual, sick, bereavement, and parental leave as per NZ legislation
11. Performance Expectations: KPIs, sales targets, and performance review process
12. Confidentiality: Protection of company information and trade secrets
13. Intellectual Property: Ownership of work products and innovations
14. Restraint of Trade: Non-compete and non-solicitation provisions
15. Termination: Notice periods and grounds for termination
16. General Provisions: Governing law, entire agreement, and amendment procedures
1. International Travel: Include when role requires regular international travel
2. Team Management: Include when responsible for managing other sales staff
3. Remote Work: Include if hybrid or remote working arrangements are permitted
4. Company Vehicle: Include if a company vehicle is provided
5. Equity Participation: Include if share options or equity schemes are offered
6. Multiple Jurisdiction Operations: Include if manager oversees sales in multiple countries
7. Health and Safety Responsibilities: Include if specific H&S leadership duties are required
8. Commission Clawback: Include if commission can be recalled under certain circumstances
1. Schedule 1: Position Description: Detailed job description and key responsibilities
2. Schedule 2: Commission Structure: Detailed commission calculations, targets, and payment terms
3. Schedule 3: Benefits Package: Comprehensive list of benefits and eligibility criteria
4. Schedule 4: Sales Territories: Definition of assigned sales territories or accounts
5. Schedule 5: Company Policies: Key company policies that form part of the employment terms
6. Appendix A: KPI Framework: Detailed performance metrics and measurement criteria
7. Appendix B: Expense Policy: Guidelines for business expense claims and reimbursement
8. Appendix C: Handover Requirements: Requirements for handover of accounts/information upon departure
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