Employment Agreement Advice

Your employment agreement is the written contract between you and your employer – and the law says you must have one. It sets out all the key details, such as your pay and working hours, so both sides know exactly where they stand. Without a proper written agreement, an employer could be breaking other employment rules as well.

The law requires several important points to be covered in writing:

• Your name and your employer’s name.

• A clear description of the work you’ll do and where you’ll do it.

• Your agreed wages or salary.

• Your agreed working hours, or at least an indication of when you’re expected to work.

• A plain-language explanation of how to resolve employment problems, including the time limits for raising a personal grievance (usually 90 days, or 12 months for sexual harassment claims).

Your employer must give you the proposed agreement and tell you that you’re entitled to seek independent advice. They also have to allow you a reasonable amount of time to get that advice. Ideally, you and your employer should both sign before you start work. This is particularly important if the agreement includes a trial period, because starting work before signing can make that clause invalid.

Yes, absolutely. Nothing in the agreement can contradict the law or the Employment Relations Act 2000. For example, it cannot take away rights such as carrying over unused annual leave, or require you to repay training costs if you leave the job.

Any probationary period must be clearly stated in writing. Even with a probation clause, you still have the same protection against unjustified dismissal. A trial period (90 days or less) must also be agreed and written into the contract from the start.

Deductions are only allowed if the law requires them (e.g., tax) or if you have agreed in writing to a lawful and reasonable deduction. Taking money for business costs – such as customer theft, accidental breakages, recruitment fees, or personal protective equipment – is unlawful.

Yes. An availability provision is only valid if it includes reasonable compensation for being available. If your agreement doesn’t provide that compensation, you can refuse extra work without any negative consequences.

Employers must bargain in good faith. If you were misled, put under duress, or denied proper information and time to seek advice, you can challenge the agreement. There are legal remedies for unfair bargaining.

They can only cancel a shift if the agreement includes a specific cancellation clause that sets out reasonable notice and reasonable compensation when notice can’t be given. Without a valid clause, you must still be paid for the cancelled shift.

Yes, definitely. Your employer must keep a signed copy and provide it to you as soon as reasonably possible if you ask. This is part of their legal duty to keep the agreement readily accessible.