TL;DR: Scrib🐮's M1 Templates generate Employment Relations Act 2000 compliant individual employment agreements for New Zealand — covering good faith obligations, 90-day trial periods (where applicable), and all mandatory terms.
New Zealand employment law under the Employment Relations Act 2000 (ERA 2000) requires every employee to have a written individual employment agreement (IEA) before starting work. The agreement must include specific mandatory provisions: duties, pay and how it is calculated, agreed hours or an indication of the arrangements around hours, relevant employment protection provisions (including the right to raise a personal grievance), and a plain-language explanation of the services available to resolve employment relationship problems.
The 90-day trial period — which allows employers with fewer than 20 employees to dismiss an employee within 90 days without the employee bringing a personal grievance on the basis of unjustified dismissal — has specific requirements: it must be agreed in writing before the employee starts work, and both parties must have had a genuine opportunity to get independent advice before signing. Failure to meet these requirements means the trial period is unenforceable.
Employment Court decisions have invalidated numerous employment agreements for technical non-compliance with ERA 2000 requirements. Employers then face personal grievance claims they believed the trial period would prevent.
Scrib🐮's M1 Template module for New Zealand employment agreements is built on the ERA 2000 mandatory terms framework, with guided configuration for common employment situations.
Employment type and trial period:
The template begins by asking whether the employer has fewer than 20 employees (trial period eligibility) and whether the employment is permanent, fixed-term, or casual. For fixed-term employment, the template requires you to specify the genuine reasons for the fixed term — the ERA 2000 requires that fixed-term employment be for genuine reasons, not to deprive employees of permanent employment entitlements.
For employers with fewer than 20 employees choosing to include a 90-day trial period, the template generates the trial period clause with the required elements and includes a prominent instruction that the agreement must be provided to the employee with sufficient advance notice for them to seek independent advice before starting work.
Mandatory terms:
The template covers all mandatory ERA 2000 terms:
Good faith obligations:
The template includes a good faith obligations clause reflecting ERA 2000 s4, which requires employers and employees to be active and constructive in maintaining a productive employment relationship, and to be responsive and communicative. The clause explains what good faith means in practice for both parties.
Restraint of trade and confidentiality:
Optional sections cover confidentiality obligations during and after employment, and restraint of trade clauses for senior employees with access to client relationships or trade secrets. The template notes that restraint of trade clauses must be reasonable in scope and duration to be enforceable under New Zealand common law.
Export:
The complete IEA is exported as a PDF. The document includes a signature block for employer and employee, with a confirmation that the employee received the agreement before starting work — important for preserving any trial period clause.
Scrib🐮 is a document preparation service. For advice on New Zealand employment law, consult an employment lawyer or Employment New Zealand.
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Try it free →| Module | What It Does |
|---|---|
| M1 Templates | Smart document templates for all 3 menus |
| M2 Guided Prep | TurboTax-style step-by-step wizard |
| M3 AI Assistant | Instant answers to document questions |
| M4 Submission Guide | Filing instructions for each country |
| M5 Dashboard | Track documents, deadlines, status |
Pricing: From $149/month — all menus, all countries, unlimited documents.
DIY risk: The most common DIY mistake is using an employment agreement from a different jurisdiction (Australia is a common source) without recognising that it does not reflect ERA 2000 requirements. A second common mistake is including a 90-day trial period clause in an agreement signed after the employee has started work — making the clause invalid and potentially exposing the employer to a personal grievance.
Employment lawyer: New Zealand employment lawyers typically charge NZ$500–NZ$1,500 for an employment agreement. For a business hiring several employees, this cost multiplies quickly.
Scrib🐮: The template covers all ERA 2000 mandatory requirements with guided input for each provision. The 90-day trial period clause includes the correct language and a prominent reminder about the timing requirement. At $149/month, you can prepare agreements for multiple employees within the subscription period.
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MmowW Scrib🐮 is a document preparation service, not a law firm.
Q: Does the template include the 90-day trial period clause?
Yes, for employers with fewer than 20 employees. The template includes the correct trial period language and a prominent reminder that the signed agreement must be provided before the employee starts work, with sufficient time for independent advice. The Employment Court has invalidated trial period clauses where this requirement was not met. See Employment New Zealand guidance at https://www.employment.govt.nz/starting-employment/trial-and-probationary-periods/trial-periods/.
Q: Can I use the same template for casual employees?
Yes. The template adjusts the hours clause for casual employment, reflecting that casual employees have no guaranteed minimum hours and that each engagement is a separate period of employment. The template also notes which entitlements (such as annual holidays) accrue differently for casual employees.
Q: Does New Zealand require employment agreements to be filed with a government agency?
No. Individual employment agreements do not need to be filed or registered. You simply need to ensure both parties have a signed copy. The M4 Submission Guide module covers any notifications required when you hire an employee (such as KiwiSaver enrolment through Inland Revenue: https://www.ird.govt.nz/).
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