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Employment Relations Act 2000

Individual employees' terms and conditions of employment - Individual employment agreements

65: Form and content of individual employment agreement

You could also call this:

“Rules for writing down what you and your boss agree about your job”

When you have an individual employment agreement, it must be written down. You and your employer can decide what terms and conditions to include in it.

Your individual employment agreement needs to have certain information in it. This includes your name and your employer’s name, what work you’ll be doing, and where you’ll be doing it. It also needs to say when you’ll work, including any agreed hours. The agreement must state how much you’ll be paid.

The agreement must explain, in simple terms, how to solve any problems that might come up in your job. It needs to mention that you have 12 months to raise a personal grievance if it’s about sexual harassment. For any other personal grievance, you have 90 days to raise it.

Your employment agreement can’t include anything that goes against the law or doesn’t match with the Employment Relations Act.

If your employer doesn’t follow these rules, they might have to pay a penalty. You or a Labour Inspector can take action to make this happen.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59157.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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Part 6 Individual employees' terms and conditions of employment
Individual employment agreements

65Form and content of individual employment agreement

  1. The individual employment agreement of an employee—

  2. must be in writing; and
    1. may contain such terms and conditions as the employee and employer think fit.

      1. However, the individual employment agreement—

      2. must include—
        1. the names of the employee and employer concerned; and
          1. a description of the work to be performed by the employee; and
            1. an indication of where the employee is to perform the work; and
              1. any agreed hours of work specified in accordance with section 67C or, if no hours of work are agreed, an indication of the arrangements relating to the times the employee is to work; and
                1. the wages or salary payable to the employee; and
                  1. a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to—
                    1. the 12-month period within which a personal grievance must be raised under section 114(1) if the grievance is in respect of sexual harassment under section 103(1)(d); and
                      1. the 90-day period within which any other personal grievance must be raised under section 114(1); and
                    2. must not contain anything—
                      1. contrary to law; or
                        1. inconsistent with this Act.

                        2. Repealed

                        3. An employer who fails to comply with this section is liable, in an action brought by a Labour Inspector or the employee concerned, to a penalty imposed by the Authority.

                        Notes
                        • Section 65 heading: replaced, on , by section 20(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
                        • Section 65(1): amended, on , by section 20(2) of the Employment Relations Amendment Act 2014 (2014 No 61).
                        • Section 65(2)(a)(iv): amended, on , by section 8(1) of the Employment Relations Amendment Act 2016 (2016 No 9).
                        • Section 65(2)(a)(vi): replaced, on , by section 5 of the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 (2023 No 28).
                        • Section 65(3): repealed, on , by section 20(3) of the Employment Relations Amendment Act 2014 (2014 No 61).
                        • Section 65(4): added, on , by section 12 of the Employment Relations Amendment Act 2010 (2010 No 125).
                        • Section 65(4): amended, on , by section 8(2) of the Employment Relations Amendment Act 2016 (2016 No 9).