If you`re looking to hire someone in New Zealand, one of the most important steps you`ll need to take is creating an employment agreement. This legally binding document outlines the terms of employment and protects both the employer and the employee. To make sure your employment agreement is comprehensive, here`s what needs to be included:
1. Job description and duties
This section should clearly outline the job title, specific duties, and responsibilities of the employee. It`s important that this is detailed and specific to avoid any confusion later on.
2. Remuneration and benefits
This section should include the employee`s salary or wage, any bonuses or incentives, and benefits such as health insurance and leave entitlements. It`s important to specify how and when salary reviews or adjustments will take place.
3. Hours of work and leave entitlements
This section should outline the hours of work and any overtime or weekend work requirements. It should also detail the employee`s entitlements to annual leave, sick leave, and other types of leave such as bereavement and parental leave.
4. Probationary period
If you`re hiring someone on a trial basis, a probationary period should be included in the employment agreement. This is typically for three to six months and outlines the expectations and requirements for the employee during this time.
5. Termination and notice periods
This section should outline the circumstances under which employment can be terminated, and the notice periods required by both the employer and the employee. It`s important to note that termination should always be done in accordance with New Zealand employment laws and regulations.
6. Confidentiality and non-disclosure
If the employee will have access to sensitive information or trade secrets, a clause should be included which outlines their obligations around confidentiality and non-disclosure.
7. Intellectual property
If the employee will be involved in any creative or intellectual work, it`s important to include a clause outlining who owns the intellectual property and any restrictions around its use.
8. Health and safety
Employers are required by law to provide a safe and healthy workplace for their employees. This section should outline your obligations as an employer, as well as the employee`s responsibilities to maintain a safe working environment.
9. Dispute resolution
In the event of a dispute between the employer and employee, a clause should be included outlining the process for dispute resolution. This could involve mediation, arbitration, or going to court.
By including these essential elements in your employment agreement, you can ensure a clear and transparent relationship between employer and employee. It`s important to seek legal advice if you`re unsure about any aspect of the employment agreement, to avoid any legal problems down the track.