2. Minimum requirements Common mistakes Employee v Contractors Fixed term contract Casual employees Restraint of Trade Trial Periods

3. Contract for Service Collective agreement Individual agreement

4. Must have an employment agreement Employer must retain a signed copy Mandatory clauses: o Parties o Position and duties o Place of work o Hours o Type of pay o Public holidays o Process for resolving employment relations problems

5. Volunteers Contractors v employees Indicative: contract, industry practice Intention of parties Control: hours, location, tax Number of employers Employees Supply own equipment Type of business Independence

6. Must be for a reason Specify the date, event or project Rolling over the contract Should contain a provision allowing for early termination

7. No expectation to give or work hours No expectation of continuing employment Disadvantage not to offer hours where they are available Contract

8. Must be reasonable Geography and Time constraints Essential to protect business Public Interest

9. Trial periods have strict requirements o No more than 90 days o In writing o Negotiated in good faith o New employee o Notice period Benefits o Can’t raise PG for dismissal (though disadvantage etc. still available) o No required to provide written explanation (but Good faith)

10. Best practice More like a performance agreement Requirements o In writing o Duration and tasks are limited Benefits o Gives employer a fair opportunity to assess the skills o Does not limit legal rights or obligations o May have shorter notice periods/ shorter prescribed process

12. This presentation was put together by: Wellington Community Law Centre PO Box 24005, Wellington 6142 (04) 499 2928 info@wclc.org.nz www.wclc.org.nz Please feel free to download, adapt, improve, distribute, remix, tweak and build upon this presentation. Disclaimer: We’ve made every effort has been made to ensure this information is correct at the time of publication. However, we can’t take responsibility for errors or omissions. Teachers and learners may need to seek specific advice for your particular situation. Where appropriate, we urge you to do so. Visit your local Community Law Centre: www.communitylaw.org.nz THANK YOU