Flexible Working Contract Template for New Zealand

This Flexible Working Contract is designed for use in New Zealand employment relationships where traditional fixed working patterns are being replaced with more adaptable arrangements. It should be used when establishing new flexible working relationships or formalizing changes to existing employment terms to incorporate flexible working arrangements. The document ensures compliance with New Zealand employment legislation, including the Employment Relations Act 2000 and its flexible working provisions, while protecting both employer and employee interests. It covers essential elements such as variable work schedules, remote working capabilities, performance expectations, and communication protocols, making it suitable for modern workplace arrangements where flexibility is desired or required. The contract is particularly relevant in post-pandemic work environments where organizations are adopting hybrid or flexible working models as standard practice.

1. Parties: Identifies the employer and employee, including their legal names and addresses

2. Background: Outlines the context of the employment relationship and the basis for the flexible working arrangement

3. Definitions: Defines key terms used throughout the agreement, including specific terminology related to flexible working arrangements

4. Nature of Agreement: Specifies that this is a flexible working arrangement and its relationship to any existing employment agreement

5. Position and Duties: Details the employee's role, responsibilities, and reporting relationships

6. Flexible Working Arrangements: Specifies the agreed flexible working terms, including work hours, location, and schedule patterns

7. Compensation: Details salary/wages, payment frequency, and any variable compensation elements

8. Hours of Work: Specifies core hours, flexible hours, time recording requirements, and overtime arrangements

9. Location of Work: Details where work will be performed, including home office, employer's premises, or other locations

10. Equipment and Resources: Specifies what equipment will be provided and responsibilities for maintenance

11. Communication and Availability: Outlines expectations for communication, response times, and availability during working hours

12. Performance Management: Details how performance will be measured and managed under the flexible arrangement

13. Leave Entitlements: Specifies holiday, sick leave, and other leave entitlements and how they apply

14. Health and Safety: Outlines health and safety obligations for both parties, including home office requirements

15. Confidentiality and Data Protection: Specifies obligations regarding company information and data security

16. Review and Variation: Outlines process for reviewing and modifying the flexible working arrangements

17. Termination: Specifies conditions and process for ending the flexible working arrangement or employment

18. Governing Law: Confirms New Zealand law governs the agreement

19. Execution: Signature blocks for both parties