The Pre-Employment Agreement serves as a crucial legal framework in New Zealand's employment landscape, designed to protect both employer and prospective employee interests during the period between job offer acceptance and formal employment commencement. This document is particularly important when positions require specific certifications, background checks, medical clearances, or other pre-employment conditions. The agreement ensures compliance with New Zealand employment legislation while providing clarity on mutual obligations, confidentiality requirements, and condition fulfillment timeframes. It's commonly used for roles requiring security clearances, professional registrations, or specific qualifications, and helps manage expectations and requirements during the pre-employment phase.
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1. Parties: Identifies the prospective employer and candidate, including full legal names and addresses
2. Background: Outlines the context of the agreement, including the proposed role and reason for pre-employment conditions
3. Definitions: Defines key terms used throughout the agreement
4. Duration: Specifies the timeframe for completing pre-employment conditions
5. Pre-Employment Conditions: Lists all conditions that must be satisfied before employment can commence
6. Good Faith Obligations: Outlines the mutual obligations of good faith during the pre-employment period
7. Confidentiality: Defines confidentiality obligations during the pre-employment period
8. Privacy and Personal Information: Explains how personal information will be collected, used, and protected
9. Costs and Expenses: Specifies who bears the costs of pre-employment checks and requirements
10. Termination: Describes circumstances under which the agreement can be terminated
11. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments
1. Medical Examination Requirements: Used when the role requires specific medical clearance or health assessments
2. Training Requirements: Included when pre-employment training or certifications are required
3. Intellectual Property: Required when the candidate might create IP during pre-employment activities
4. Travel Requirements: Included when pre-employment activities involve travel or relocation
5. Working with Children Checks: Required for roles involving contact with minors
6. Industry-Specific Compliance: Added for roles in regulated industries requiring specific certifications or clearances
7. Immigration Requirements: Included when the candidate requires visa or immigration processing
1. Schedule 1 - Position Description: Detailed description of the proposed role and responsibilities
2. Schedule 2 - Required Pre-Employment Checks: Comprehensive list of all required background checks, certifications, and verifications
3. Schedule 3 - Proposed Employment Terms: Summary of key terms of the proposed employment agreement
4. Appendix A - Required Documentation: List of documents the candidate must provide
5. Appendix B - Medical Assessment Requirements: Detailed requirements for any required medical assessments
6. Appendix C - Compliance Certificates: Templates or requirements for specific compliance certificates
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