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Tripartite Agreement Employment Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Tripartite Agreement Employment is designed for situations where an employee's services are shared between or delegated across multiple employing entities in New Zealand. This arrangement is commonly used in professional secondments, labor hire situations, or joint venture projects where clear delineation of employment responsibilities is essential. The agreement ensures compliance with New Zealand employment law while addressing the unique challenges of three-way employment relationships, including clear reporting lines, shared responsibilities, and protection of all parties' interests. It is particularly relevant in scenarios involving contractor management, professional secondments, or shared service arrangements where traditional bilateral employment agreements would not adequately address the complexity of the relationship.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions














































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Relevant Industries

Professional Services

Information Technology

Construction

Manufacturing

Healthcare

Education

Financial Services

Consulting

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Government Services

Relevant Teams

Human Resources

Legal

Operations

Project Management Office

Professional Services

Consulting

Engineering

Information Technology

Research & Development

Finance

Compliance

Risk Management

Relevant Roles

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

Industries










Teams

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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