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:

"What Your Job Agreement Should Look Like and Include"

When you have a job, you and your employer will agree on the terms and conditions of your employment. Your employer must make sure your individual employment agreement is in writing and follows the rules. You and your employer can agree on what you want in your agreement, but it must include your name, your employer's name, a description of the work you do, where you work, and how much you get paid. Your agreement must also explain how to solve problems at work, including how to raise a personal grievance, and it must mention the time limits for raising a grievance, such as the 12-month period under section 114(1) for sexual harassment under section 103(1)(d), or the 90-day period under section 114(1) for other grievances.

Your employer cannot include anything in your agreement that is against the law or contradicts the Employment Relations Act. If your employer does not follow these rules, they can be penalised by the Authority if a Labour Inspector or you take action against them.

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


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Part 6Individual employees' terms and conditions of employment
Individual employment agreements

65Form and content of individual employment agreement

  1. The individual employment agreement of an employee may contain such terms and conditions as the employee and employer think fit, but the employer must ensure that the agreement—

  2. is in writing; and
    1. complies with the requirements in subsection (2).
      1. 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): replaced, on , by section 10(1) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                        • Section 65(2): amended, on , by section 10(2) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                        • 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).