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Exclusive Employment Contract

Exclusive Employment Contract Template for New Zealand

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Key Requirements PROMPT example:

Exclusive Employment Contract

"I need an Exclusive Employment Contract for a senior software developer position in Auckland, with specific clauses for intellectual property protection and remote work flexibility, starting March 2025."

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Document background
This Exclusive Employment Contract is designed for use in New Zealand when an organization requires an employee's undivided professional attention and commitment. The document is particularly suitable for senior roles, specialized positions, or situations where protecting company interests is paramount. It complies with New Zealand employment law, including the Employment Relations Act 2000, Holidays Act 2003, and other relevant legislation. The contract includes comprehensive provisions covering employment terms, exclusivity obligations, confidentiality requirements, and post-employment restrictions. It's structured to protect both employer and employee interests while ensuring clarity in the exclusive nature of the employment relationship.
Suggested Sections

1. Parties: Identifies the employer and employee with full legal names and addresses

2. Background: Brief context about the employment relationship and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Position and Duties: Details of the role, title, reporting lines, and key responsibilities

5. Term of Employment: Start date, nature of employment (permanent/fixed-term), and probationary period if applicable

6. Hours of Work: Standard working hours, days, flexibility requirements, and overtime provisions

7. Place of Work: Primary work location and any flexibility arrangements

8. Remuneration: Salary/wages, payment frequency, review process, and any additional benefits

9. Leave Entitlements: Annual, sick, bereavement, and public holiday leave as per Holidays Act 2003

10. KiwiSaver: KiwiSaver arrangements and contributions

11. Health and Safety: Health and safety obligations and responsibilities

12. Confidentiality: Obligations regarding confidential information and intellectual property

13. Exclusivity and Restraints: Exclusive service requirement and post-employment restrictions

14. Termination: Notice periods and grounds for termination

15. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendments

Optional Sections

1. Commission/Bonus Structure: Details of performance-based compensation, used for sales roles or performance-incentivized positions

2. Company Vehicle: Terms of company vehicle use, if provided as part of employment

3. International Travel: Terms relating to international travel requirements and arrangements

4. Flexible Working Arrangements: Specific provisions for remote work or flexible hours, if applicable

5. Professional Development: Terms relating to training, education, and professional memberships

6. Share Options/Employee Equity: Details of any share scheme or equity participation

7. Relocation Provisions: Terms relating to relocation assistance, if applicable

8. Garden Leave: Provisions for garden leave during notice period, typically for senior roles

Suggested Schedules

1. Schedule 1 - Position Description: Detailed job description, responsibilities, and performance expectations

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary package, benefits, and allowances

3. Schedule 3 - Company Policies: List of applicable company policies that form part of employment terms

4. Schedule 4 - IT and Communications Systems: Rules and policies regarding use of company IT systems

5. Appendix A - Conflict of Interest Declaration: Form for declaring any potential conflicts of interest

6. Appendix B - Confidential Information: Specific details of what constitutes confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Interpretation and Definitions
Appointment
Duration of Employment
Probationary Period
Duties and Responsibilities
Exclusivity
Hours of Work
Place of Work
Remuneration
Benefits
KiwiSaver
Annual Leave
Sick Leave
Bereavement Leave
Public Holidays
Other Leave Entitlements
Health and Safety
Performance Review
Confidentiality
Intellectual Property
Data Protection
Conflict of Interest
Company Property
Expenses
Professional Development
Restraint of Trade
Non-Solicitation
Non-Competition
Termination
Summary Dismissal
Garden Leave
Force Majeure
Grievance Procedures
Amendments
Severability
Governing Law
Entire Agreement
Notices
Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Retail

Education

Construction

Media and Entertainment

Telecommunications

Mining and Resources

Agriculture

Transportation and Logistics

Real Estate

Hospitality

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Sales

Operations

Research and Development

Information Technology

Marketing

Product Development

Business Development

Engineering

Customer Service

Strategy

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Manager

Department Head

Technical Specialist

Sales Director

Research Scientist

Senior Engineer

Product Manager

Business Development Manager

Legal Counsel

Senior Consultant

Head of Operations

Creative Director

Principal Architect

Senior Developer

Investment Manager

Clinical Director

Regional Manager

Project Director

Industries
Employment Relations Act 2000: Primary legislation governing employment relationships in New Zealand, covering fundamental aspects such as good faith obligations, employment agreements, collective bargaining, and dispute resolution
Holidays Act 2003: Regulates minimum entitlements for annual holidays, public holidays, sick leave, and bereavement leave
Wages Protection Act 1983: Governs how wages must be paid and protects against unlawful deductions from wages
Health and Safety at Work Act 2015: Sets out the principles, duties, and rights in relation to workplace health and safety
Human Rights Act 1993: Prohibits discrimination in employment based on protected characteristics such as age, race, gender, and religious belief
Privacy Act 2020: Governs how employers must handle personal information of employees
KiwiSaver Act 2006: Regulates the voluntary work-based savings initiative and employer obligations regarding KiwiSaver schemes
Fair Trading Act 1986: Ensures fair dealing in employment relationships and prohibits misleading or deceptive conduct
Minimum Wage Act 1983: Sets the minimum wage rates that must be paid to employees
Parental Leave and Employment Protection Act 1987: Provides for parental leave entitlements and protects employment during pregnancy and parental leave
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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