The Engagement Agreement is a crucial legal document used in New Zealand business relationships to formalize the terms under which an individual provides services to an organization. This document is essential for both employment and contractor arrangements, ensuring clarity in the relationship and compliance with New Zealand legislation, including the Employment Relations Act 2000, Privacy Act 2020, and Health and Safety at Work Act 2015. The agreement typically covers key aspects such as duties, compensation, confidentiality, intellectual property rights, and termination provisions. It serves to protect both parties' interests while establishing clear expectations and obligations. The document should be customized based on whether it's being used for an employee or contractor relationship, with appropriate provisions to reflect the different legal obligations and requirements under New Zealand law.
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1. Parties: Identification of the engaging entity and the individual/contractor being engaged
2. Background: Context of the engagement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Nature of Engagement: Clear specification of whether this is an employment or contractor relationship
5. Term: Duration of the engagement, including start date and end date if fixed-term
6. Services/Duties: Detailed description of the services to be provided or role to be performed
7. Location and Hours: Where and when the services will be performed
8. Remuneration: Payment terms, rates, and frequency
9. Expenses: Policy on reimbursement of expenses
10. Confidentiality: Obligations regarding confidential information
11. Intellectual Property: Ownership and rights to intellectual property created during the engagement
12. Termination: Conditions and process for ending the engagement
13. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments
1. Health and Safety: Specific health and safety obligations - include when work involves physical presence at workplace or specific risks
2. Non-Competition: Restrictions on competing activities - include for senior roles or when dealing with sensitive information
3. Non-Solicitation: Restrictions on soliciting clients/employees - include for client-facing or management roles
4. Insurance: Insurance requirements - include for contractor agreements or high-risk activities
5. Performance Reviews: Process for reviewing performance - include for longer-term or permanent engagements
6. Training and Development: Professional development obligations - include for employment relationships
7. Working with Others: Obligations regarding interaction with other staff/contractors - include for team-based roles
8. Equipment and Resources: Provisions regarding tools and resources - include when specific equipment is required
9. Reporting Requirements: Specific reporting obligations - include for management roles or project-based work
1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and key performance indicators
2. Schedule 2 - Remuneration Details: Detailed breakdown of compensation, including any bonus structures or benefits
3. Schedule 3 - Company Policies: List of applicable company policies that form part of the engagement
4. Schedule 4 - Special Terms: Any special conditions or requirements specific to this engagement
5. Appendix A - Confidential Information: Specific details of confidential information and handling requirements
6. Appendix B - Approved Expenses: List of pre-approved expenses and claiming procedures
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Technology
Healthcare
Education
Financial Services
Construction
Manufacturing
Retail
Hospitality
Media and Entertainment
Non-profit
Government
Consulting
Agriculture
Transportation
Energy
Relevant Teams
Human Resources
Legal
Operations
Finance
Recruitment
Compliance
Administration
Executive Leadership
Project Management
Business Development
Relevant Roles
Human Resources Manager
Recruitment Specialist
Legal Counsel
Hiring Manager
Department Director
Project Manager
Chief Executive Officer
Operations Manager
Finance Director
Consulting Partner
Independent Contractor
Freelance Professional
Department Head
Regional Manager
Business Development Manager
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