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					                                   EXPLANATIONS FOR THE EMPLOYMENT AGREEMENT

General

Kiely Thompson Caisley has provided this employment agreement to the Auckland Dental Association for use by its members
only.

Due to the changing nature of the law it is essential that you check this website every time you use the agreement to ensure
that you are using the most recent version.

You should also be aware that there are legal requirements concerning the formation of employment agreements. These
include requirements to give the agreement to the employee before the employment begins and to give him/her an opportunity
to take independent advice.

The agreement should not be used for contractors (for example, some locums).

Individual employment agreement

The individual employment agreement is the agreement that you should use when employing a permanent employee. It is
appropriate to use this agreement for either full time or part time employees.

The main body of the agreement contains terms and conditions which are both legally required and recommended as a matter
of best practice.

We have provided that all the variables are contained in Schedule A. Schedule A gives you the opportunity to tailor the
agreement to your specific needs. However, you should carefully review all of the terms in the agreement to ensure they meet
your needs.

With regard to the position details, usually a general description of the employee's duties is sufficient. Often if the description of
the employee's duties is too detailed it can become inflexible.

The structure of the hours of work and remuneration is an area that you should especially review. The draft agreement is a
suggestion only.

We encourage you to seek professional advice if you wish to alter the terms of the agreement.

Fixed term employment

It is possible to use a fixed term agreement for employees. Examples of where a fixed term agreement might be used may
include:

    -     employing someone while another employee is taking parental leave or long term sick leave;
    -     situations where there is a specific project or task that will only last for a certain duration.

You cannot use a fixed term agreement to assess the suitability of an individual.

It is essential that the employee knows before he/she accepts employment:

    -            that the employment is for a fixed term;
    -             when or how his/her employment will end; and
    -             why the employment will be for a fixed term.
As fixed term agreements need to be drafted carefully, we strongly suggest that you seek legal advice before attempting to use
one.

Disclaimer

Auckland Dental Association is not liable to any person or organisation for any loss, costs or damage arising from the use of
this agreement in whole or in part.

Kiely Thompson Caisley is not liable to any person or organisation for any loss, costs or damage arising from the use of this
agreement, in whole or in part, where that person or organisation has not consulted Kiely Thompson Caisley.

				
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posted:9/16/2012
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