If you have just been offered, or are starting the New Year in a new role, congratulations! We understand it can be tempting to put pen to paper without taking legal advice first. However, this can come back to bite you if you do not fully understand the agreement or the nuances of employment law in relation to the clauses contained in it. It is also much easier to negotiate the terms and conditions of your employment at the time the agreement is entered into, rather than after an agreement has been reached.
For example, are the following clauses included? More importantly, are you fully aware of what they may mean now and/or later in your employment?
- Are you subject to a trial period or probationary period upon commencing employment?
- Are you required to work from or travel to different locations as part of your role?
- Are restraints of trade included? If so, what kind of restraint(s)? Note – the common view that restraints are not enforceable is not always the case in reality!
- Is your KiwiSaver paid in addition to, or is it included in, your wages/salary?
- Are all the benefits agreed on as part of negotiations included in your employment agreement?
By no means is this list exhaustive, but these are some examples of the clauses you should look out for, and obtain advice on, before you sign your employment agreement. We can provide tailored advice around any areas of concern or ‘surprise’ clauses you weren’t expecting to see, as well as areas you would like clarified. Assisting you to understand your employee rights and obligations (both during your employment and after your employment ends) also reduces the likelihood of problems/disputes arising as everyone is on the same page from the outset.
So, before you put pen to paper, we recommend you seek independent legal advice. We offer employees the option of an initial consultation at a discounted rate, which includes a review of your employment agreement and answers to any questions you may have in relation to it.
For more information
If you would like to book your initial consultation with our employment law experts today, please do not hesitate to contact us on 04 472 0020.
See more of our employment law articles here.