Contractor Employee Agreement

Contractor Employee Agreement Template for New Zealand

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Key Requirements PROMPT example:

"I need a Contractor Employee Agreement for a software developer who will be working remotely from March 2025, with specific clauses about code ownership and the right to work on other projects outside business hours."

Document background

The Contractor Employee Agreement is designed for use in New Zealand business contexts where organizations seek to engage independent contractors rather than employees. This document is essential for businesses operating under New Zealand law who require a formal agreement that clearly establishes the contractor relationship, outlines service delivery expectations, and ensures compliance with relevant legislation including the Contract and Commercial Law Act 2017, Income Tax Act 2007, and Health and Safety at Work Act 2015. The agreement includes comprehensive provisions covering services, payment terms, intellectual property rights, confidentiality, and other crucial aspects of the contractor relationship while maintaining appropriate separation from employment agreements to avoid misclassification issues.

Suggested Sections

1. Parties: Identifies the contracting company and the contractor, including full legal names and addresses

2. Background: Outlines the context of the agreement and confirms the intention to engage as an independent contractor

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Nature of Relationship: Explicitly states this is a contractor relationship, not employment, and details the independent nature of the engagement

5. Services: Detailed description of the services to be provided by the contractor

6. Term and Termination: Specifies the duration of the agreement and circumstances for termination

7. Fees and Payment: Details the contractor's fees, payment terms, and expense reimbursement policies

8. Contractor's Obligations: Lists the contractor's key responsibilities, including quality of work and professional standards

9. Company's Obligations: Outlines the company's responsibilities to the contractor

10. Intellectual Property: Addresses ownership and rights to work created during the engagement

11. Confidentiality: Protects company information and trade secrets

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

13. Dispute Resolution: Outlines the process for resolving disagreements

14. General Provisions: Includes standard legal clauses such as governing law, amendments, and notices

Optional Sections

1. Health and Safety: Detailed health and safety obligations when contractor works on-site or in high-risk industries

2. Equipment and Resources: Specifies who provides and maintains necessary equipment when relevant to the services

3. Non-Compete: Restrictions on working with competitors, used when contractor has access to sensitive information

4. Performance Standards: Specific KPIs or quality standards when measurable performance criteria are required

5. Substitution Rights: Right to provide substitute contractor when this flexibility is desired

6. Location of Services: Specific requirements about where services must be performed when location is important

7. Change Control: Process for changing scope or services in long-term or complex engagements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and specifications

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

3. Schedule 3 - Key Personnel: Details of approved personnel who may perform the services

4. Schedule 4 - Performance Criteria: Specific metrics or standards for measuring service quality

5. Schedule 5 - Company Policies: Relevant company policies the contractor must comply with

6. Appendix A - Insurance Requirements: Specific insurance types and coverage levels required

7. Appendix B - Confidential Information: Detailed list of what constitutes confidential information

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Professional Services

Construction

Consulting

Creative Industries

Engineering

Healthcare

Education

Financial Services

Marketing and Advertising

Manufacturing

Research and Development

Relevant Teams

Human Resources

Legal

Operations

Procurement

Finance

Project Management Office

Administration

Compliance

Risk Management

Relevant Roles

HR Manager

Legal Counsel

Project Manager

Operations Director

Department Head

Managing Director

Chief Executive Officer

Procurement Manager

Contract Administrator

Resource Manager

Business Unit Manager

Finance Manager

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