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Tripartite Agreement Employment
"I need a Tripartite Agreement Employment for a software developer who will be primarily employed by our IT consulting firm but working full-time at our client's premises in Auckland, starting March 1, 2025, with specific provisions for intellectual property protection and shared performance management."
1. Parties: Identifies and defines all three parties to the agreement - typically the Primary Employer, Secondary Employer/Host Company, and the Employee
2. Background: Explains the context of the tripartite arrangement and the relationship between the parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Nature of Employment Relationship: Clarifies the employment status, reporting relationships, and responsibilities between all three parties
5. Term of Employment: Specifies the duration of the agreement, including start date and whether fixed-term or permanent
6. Role and Duties: Details the employee's position, key responsibilities, and obligations to both employers
7. Location of Work: Specifies primary work location(s) and any requirements for travel or multiple site work
8. Hours of Work: Details standard working hours, breaks, and flexibility arrangements
9. Remuneration: Specifies salary/wages, payment arrangements, and which party is responsible for payment
10. Leave Entitlements: Details all leave entitlements as per NZ law, including annual, sick, bereavement, and public holiday leave
11. Health and Safety: Outlines health and safety obligations of all parties and compliance requirements
12. Confidentiality: Defines confidential information and obligations to both employing entities
13. Intellectual Property: Addresses ownership and protection of IP created during employment
14. Termination: Details circumstances and processes for termination by any party
15. Dispute Resolution: Outlines process for resolving disputes between any or all parties
1. Secondment Arrangements: Used when the agreement involves employee secondment between organizations
2. Commission/Bonus Structure: Include when the role involves variable compensation components
3. International Travel: Required when the role involves overseas travel or assignments
4. Training and Development: Include when specific training requirements or professional development commitments exist
5. Non-Competition: Used when restraint of trade provisions are necessary
6. Vehicle/Equipment Provision: Include when tools, vehicle, or equipment are provided by either employer
7. Flexible Working Arrangements: Used when incorporating specific flexible work provisions
8. KiwiSaver Provisions: Include detailed KiwiSaver arrangements if beyond standard provisions
9. Cost Sharing: Used when employers share employment-related costs
10. Performance Management: Include when specific performance review processes involve both employing entities
1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and reporting relationships
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary, benefits, and any variable compensation
3. Schedule 3 - Company Policies: Key policies from both employing entities that apply to the employee
4. Schedule 4 - Health and Safety Procedures: Specific health and safety requirements from both organizations
5. Schedule 5 - Cost Allocation: Breakdown of how employment costs are shared between employing entities
6. Appendix A - Reporting Structure: Diagram showing reporting lines to both organizations
7. Appendix B - Performance Metrics: Detailed performance expectations and measurement criteria
8. Appendix C - Leave Administration: Procedures for requesting and recording leave with both organizations
Authors
Professional Services
Information Technology
Construction
Manufacturing
Healthcare
Education
Financial Services
Consulting
Engineering
Recruitment and Labor Hire
Mining and Resources
Telecommunications
Research and Development
Government Services
Human Resources
Legal
Operations
Project Management Office
Professional Services
Consulting
Engineering
Information Technology
Research & Development
Finance
Compliance
Risk Management
Project Manager
Consultant
Software Developer
Engineer
Professional Services Consultant
Technical Specialist
Research Scientist
Business Analyst
Site Manager
Healthcare Professional
Education Specialist
Financial Analyst
Construction Manager
IT Specialist
Operations Manager
Human Resources Manager
Legal Counsel
Senior Advisor
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