The Temporary Work Agreement is essential for businesses operating in New Zealand that require fixed-term employees for specific projects, seasonal work, or temporary replacements. This document must comply with Section 66 of the Employment Relations Act 2000, which requires employers to have genuine reasons based on reasonable grounds for the fixed term and to communicate these reasons in writing. The agreement covers all necessary employment terms including duration, duties, remuneration, and benefits, while incorporating specific New Zealand statutory requirements for leave, holidays, and worker protections. It's particularly useful for project-based work, maternity cover, seasonal peaks, or specific funding-dependent positions.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the temporary employment arrangement and genuine reasons for fixed term
3. Definitions: Key terms used throughout the agreement
4. Term and Nature of Employment: Specific start and end dates, reason for temporary nature, and any conditions for early termination
5. Role and Duties: Position title, key responsibilities, reporting relationships, and performance expectations
6. Hours of Work: Standard working hours, breaks, overtime arrangements if applicable
7. Place of Work: Primary work location and any flexibility arrangements
8. Remuneration: Salary/wage rate, payment frequency, and any additional benefits
9. Leave Entitlements: Annual, sick, bereavement leave and public holiday arrangements
10. Health and Safety: Health and safety obligations and responsibilities
11. Confidentiality: Protection of employer's confidential information
12. Termination: Notice periods and grounds for termination
13. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments
1. Probationary Period: Trial period terms if applicable for fixed-term contracts under 90 days
2. Intellectual Property: IP rights and ownership where creative or technical work is involved
3. Non-Competition: Restraint of trade provisions where necessary for business protection
4. Training Requirements: Specific training or certification requirements for the role
5. Travel Requirements: Travel arrangements and reimbursement if role involves travel
6. Commission Structure: Details of any commission or bonus schemes if applicable
7. Working from Home: Remote work arrangements and conditions if applicable
8. Equipment Provision: Details of any equipment provided and terms of use
1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and key performance indicators
2. Schedule 2 - Remuneration Details: Detailed breakdown of salary package, benefits, and any performance-based incentives
3. Schedule 3 - Company Policies: List of applicable company policies the employee must comply with
4. Schedule 4 - Health and Safety Procedures: Specific health and safety requirements for the role
5. Appendix A - Confidential Information: Detailed list of what constitutes confidential information
6. Appendix B - Required Certifications: List of required qualifications or certifications for the role
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