Employment agreement guide

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Other Entitlements/Benefits

9.1 Superannuation
The following clause is voluntary, and may not apply to your place of work.

Superannuation - Membership of Employer's Scheme

The Employee shall be entitled to join the Employer's superannuation scheme from the commencement of employment. The Employer agrees to pay to the scheme [insert figure], less tax, for each dollar the Employee contributes to the scheme, up to a maximum Employer contribution of [insert maximum].

Superannuation - Contribution to a Registered Scheme

The Employer shall, in addition to paying the Employee's base salary, pay the Employee an annual sum of [insert amount], less tax, paid in equal sums on a [weekly/fortnightly/monthly - delete as appropriate:weekly:fortnightly:monthly] basis, to a superannuation scheme of the Employee's choice.

Superannuation Available at the Employer's Discretion

The Employee shall be entitled to participate in any superannuation plan provided by the Employer to the Employer's employees, but nothing in this agreement shall affect the Employer's right to terminate or vary the plan in whole or in part at any time.
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9.2 Kiwisaver
The following clause is voluntary, and may not apply to your place of work.

Kiwisaver (short clause)

The Employee has the option of joining KiwiSaver, and as a new employee will be automatically enrolled into KiwiSaver. KiwiSaver is a voluntary, work-based savings initiative to help New Zealanders with their long-term saving for retirement. More information about KiwiSaver, including what employers and employees need to do to start a savings scheme, is available from http://www.kiwisaver.govt.nz.

Kiwisaver (long clause)

The Employee has the option of joining KiwiSaver, and as a new employee will be automatically enrolled into KiwiSaver. KiwiSaver is a voluntary, work-based savings initiative to help New Zealanders with their long-term saving for retirement. More information about KiwiSaver, including what employers and employees need to do to start a savings scheme, is available from http://www.kiwisaver.govt.nz.

When an employee is enrolled into a KiwiSaver scheme the Employee's KiwiSaver contributions will be deducted from their pay. The Employer will also make employer contributions to the Employee's KiwiSaver scheme if the employee is aged 18 years or over. A new employee has limited time to opt out of the KiwiSaver scheme, up to eight weeks from their first day of employment, although a late opt-out is sometimes possible. An existing employee who is eligible for KiwiSaver has the option of joining a KiwiSaver scheme. If an existing employee decides to join KiwiSaver they will not be able to opt out. The Employee should inform the Employer if they are already a member of KiwiSaver. See the enclosed information pack or visit http://www.kiwisaver.govt.nz for more information.

The Employee is entitled to an employer contribution to their KiwiSaver account or their complying account, if they are aged 18 years or over, under the new KiwiSaver legislation.

From 1 April 2009, employers will contribute a minimum of 2% of employees' gross salary or wage. Employees are expected to contribute a minimum of 2% of their gross salary or wage. The Employee contribution will be deducted from the Employee's pay.

For further information regarding employee and employer contributions to KiwiSaver, visit http://www.kiwisaver.govt.nz.

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9.3 Medical Insurance
The following clause is voluntary, and may not apply to your place of work.

Medical Insurance

The Employer shall provide [the Employee, and their family - delete as appropriate:the Employee:the Employee and their family] with medical insurance up to a value of [insert amount] per annum.
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9.4 Reimbursement for Flu Shots
The following clause is voluntary, and may not apply to your place of work.

Reimbursement for Flu Shots

The Employer will arrange and pay for the Employee to receive a flu shot on an annual basis, where requested by the Employee.
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9.5 Gym Membership
The following clause is voluntary, and may not apply to your place of work.

Membership of a Club or Gym

In order to assist the health and wellbeing of the Employee, the Employer will pay [insert sum] to a club or gym when the Employee joins, as a contribution to the annual joining fee. This sum shall be payable every 12 months as long as the Employee retains membership of the club or gym or an alternative club or gym as agreed with the Employer.
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9.6 Reimbursement for Eye Test
The following clause is voluntary, and may not apply to your place of work.

Reimbursement for Eye Tests

The Employee shall be entitled to an annual eye test, to be carried out by an optometrist nominated by the Employer, at the Employer's expense, up to a maximum cost of [insert sum].
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9.7 Use of Mobile Phone
The following clause is voluntary, and may not apply to your place of work.

Use of Mobile Phone

In order to perform their duties the Employee shall be provided with a mobile telephone. The Employer shall, in consultation with the Employee, arrange the mobile phone plan and meet the rental costs of the telephone. The Employer shall meet the cost of all work-related calls, but all personal calls shall be paid for by the Employee. The Employer may modify the plan or replace the telephone from time to time.
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9.8 Use of Car Park
The following clause is voluntary, and may not apply to your place of work.

Use of Car Park

The Employee shall be entitled to the use of an allocated car park for each working day, at [insert location]. The cost of the car park will be met by the Employer. The car park allocated to the Employee may be varied from time to time at the Employer's sole discretion.
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9.9 Use of a Car
The following clause is voluntary, and may not apply to your place of work.

Use of a Car for Work Purposes Only

The Employee shall be allocated a car for work purposes only. This car shall be parked at the Employer's premises during non-work time. The Employer will meet all maintenance and running costs, including fuel and insurance. The Employee should comply with traffic regulations at all times. Parking fines and traffic fines will be the responsibility of the Employee. The car allocated to the Employee may be replaced by the Employer from time to time. The Employee agrees to comply with all motor vehicle policies the Employer may issue from time to time. The Employee must ensure that the car is appropriately maintained and kept in a clean and tidy condition at all times. Ongoing use of the car is subject to the Employee retaining a current driver's license.

Use of a Car for Work Purposes with Limited Personal Use (between home and work)

The Employee shall be allocated a car for work purposes, and for the purpose of the Employee travelling between home and work. The Employer will meet all maintenance, insurance and running costs (including fuel relating to work use). The Employee should comply with traffic regulations at all times. Parking fines, traffic fines and fuel costs for personal use will be the responsibility of the Employee. The car allocated to the Employee may be replaced by the Employer from time to time. The Employee agrees to comply with all motor vehicle policies the Employer may issue from time to time. The Employee must ensure that the car is to be appropriately maintained and kept in a clean and tidy condition at all times. The Employee shall also keep a record of work and non-work mileage, and provide this to the Employer when requested. Ongoing use of the car is subject to the Employee retaining a current drivers license

Use of a Car for Work Purposes and Personal Use

The Employee shall be allocated a car for work purposes, and for their own personal use in non work time. The Employer will meet all maintenance, insurance and running costs (including fuel relating to work use). Fuel costs for personal use (other than travelling to and from work) shall be met by the Employee. The Employee should comply with traffic regulations at all times. Parking fines and traffic fines will also be the responsibility of the Employee. The car allocated to the Employee may be replaced by the Employer from time to time. The Employee agrees to comply with all motor vehicle policies the Employer may issue from time to time. The Employee must ensure that the car is appropriately maintained and kept in a clean and tidy condition at all times. The Employee shall also keep a record of work and non-work mileage, and provide this to the Employer when requested. Ongoing use of the car is subject to the Employee retaining a current driver's license.
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9.10 Study Entitlements
The following clause is voluntary, and may not apply to your place of work.

Study Entitlements

Where the Employee is undertaking study approved by the Employer, the Employee shall be entitled to the following:
(i)     a contribution towards course fees of [insert amount];
(ii)     paid time off to attend examinations, provided such time is reasonable having regard to the Employer's operational requirements;
(iii)    reasonable assistance with child care, as agreed in advance.
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9.11 Personal Development
The following clause is voluntary, and may not apply to your place of work.

Personal Development

At the completion of each 12 month period of service with the Employer the Employee shall be entitled to [insert amount] by way of a grant to attend a course or training which has been approved by the Employer, such approval not to be unreasonably withheld.
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9.12 Indemnity
Under this voluntary clause, if legal action is taken against the employee for anything the employee properly does in the course of employment, the employee is compensated for any losses or expenses they suffer because of that action.

This clause should be only be used where the employer and employee have sought legal advice about the nature and extent of the indemnity. It is important to be aware an employer cannot exempt or indemnify their employee for their liabilities under legislation and some regulations, such as the provisions of the Health and Safety in Employment Act.

Indemnity

The Employer shall, to the extent permissible under law, indemnify the Employee from and against all actions, claims and demands brought against the Employee by any third party relating to the performance of the Employee's employment, provided that the Employee's actions were in good faith and did not involve recklessness, wilful neglect or any wilful failure to carry out a lawful instruction from the Employer.
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9.13 Subsidised Child Care
The following clause is voluntary, and may not apply to your place of work.

Subsidised Child Care

The Employer provides subsidised child-care facilities to its employees. The Employee is entitled to access that facility [free of charge/at the charges applied to staff - delete one:free of charge:at the charges applied to staff].

Monthly Contribution to Child Care Costs

The Employer will, in addition to the salary paid to the Employee, pay the Employee a monthly sum of [insert sum] as a contribution towards child care costs until the child is [insert age] or is no longer in the care of the Employee, whichever occurs first.
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9.14 Breastfeeding
The following clause is voluntary, and may not apply to your place of work.

Breastfeeding

The Employer is committed to providing reasonable assistance to those of its employees with child care responsibilities. This includes giving reasonable consideration to requests for short periods of time to attend to breastfeeding where the Employee's child is at an on site child care centre or is brought to a proximate location.
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