Subcontractor Employment Contract Template for New Zealand

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Key Requirements PROMPT example:

Subcontractor Employment Contract

"I need a Subcontractor Employment Contract for an IT consultant who will be working remotely from March 2025, with strong IP protection clauses and the ability to access our internal systems."

Document background
The Subcontractor Employment Contract is essential for businesses operating in New Zealand that engage independent contractors for specific projects or ongoing services. This document is designed to clearly establish the contractor relationship while avoiding the creation of an employment relationship under New Zealand law. It's particularly valuable when organizations need specialized skills or additional capacity without increasing permanent headcount. The agreement includes comprehensive provisions for service delivery, payment terms, tax obligations, and risk allocation, while ensuring compliance with New Zealand's Contract and Commercial Law Act 2017, Health and Safety at Work Act 2015, and other relevant legislation. This contract type is suitable for various industries and can be customized to address specific project requirements while maintaining the essential legal framework required in the New Zealand jurisdiction.
Suggested Sections

1. Parties: Identifies and provides full details of the principal company and the subcontractor

2. Background: Outlines the context of the agreement and confirms the independent contractor relationship

3. Definitions: Defines key terms used throughout the agreement

4. Engagement and Status: Confirms the subcontractor status and explicitly distinguishes from employment relationship

5. Services: Describes the services to be provided and performance standards expected

6. Term and Termination: Specifies contract duration, renewal terms, and termination provisions

7. Fees and Payment: Details payment terms, rates, invoicing procedures, and expense policies

8. GST and Taxation: Addresses tax obligations and GST requirements

9. Obligations and Warranties: Lists key obligations of both parties and warranties provided by the subcontractor

10. Health and Safety: Outlines health and safety requirements and responsibilities

11. Confidentiality: Defines confidential information and protection requirements

12. Intellectual Property: Addresses ownership and usage rights of intellectual property

13. Insurance and Liability: Specifies required insurance coverage and liability limitations

14. General Provisions: Contains standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Equipment and Resources: Include when the subcontractor needs to use specific equipment or resources provided by either party

2. Non-Compete: Include when restricting the subcontractor from working with competitors

3. Performance Metrics: Include when specific KPIs or performance measurements are required

4. Site Access and Security: Include when the subcontractor requires access to specific sites or systems

5. Training Requirements: Include when specific training or certifications are required

6. Dispute Resolution: Include when specific dispute resolution procedures beyond standard legal processes are needed

7. Force Majeure: Include when specific provisions for unforeseen circumstances are necessary

8. Multiple Location Services: Include when services are to be provided across multiple locations

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of services, deliverables, and performance standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Key Personnel: List of key personnel authorized to perform services or manage the relationship

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required

5. Schedule 5 - Health and Safety Requirements: Detailed health and safety procedures and requirements

6. Appendix A - Required Forms: Standard forms for invoicing, reporting, or other administrative requirements

7. Appendix B - Policies and Procedures: Relevant company policies that apply to subcontractors

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

Relevant Industries

Construction

Information Technology

Professional Services

Engineering

Healthcare

Creative Industries

Manufacturing

Education

Consulting

Real Estate

Mining

Agriculture

Transportation

Energy

Telecommunications

Relevant Teams

Legal

Human Resources

Procurement

Operations

Finance

Compliance

Risk Management

Commercial

Project Management

Administration

Relevant Roles

Project Manager

HR Director

Legal Counsel

Procurement Manager

Operations Manager

Department Head

Contract Administrator

Business Unit Manager

Finance Manager

Resource Manager

Compliance Officer

Risk Manager

Chief Operating Officer

Managing Director

Commercial Manager

Industries
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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