PLACEMENT CONTRACT – EMPLOYER
Between FRENZ International 1995 Limited T/A FRENZ Recruitment
- FRENZ, trading as FRENZ Recruitment, arranges placements of workers on farms on an agency basis.
- The Employer requires workers for its farm(s).
- The parties wish to record their agreement that FRENZ will arrange placements of worker(s) (the Worker/s) to work on the Employer’s farm(s) on the terms set out in this Contract.
- FRENZ to arrange placements
1.1 FRENZ agrees to make all reasonable efforts to arrange work placements of Workers to work on the Employer’s farm for periods agreed between FRENZ and the Employer.
1.2 FRENZ shall ensure that the Workers have suitable experience and are legally entitled to work on the Employer’s farm.
1.3 FRENZ will, where asked to do so, provide best endeavour support to both Employer and work to help ensure a productive and satisfactory experience for all parties
- Employer’s obligations to the Workers
2.1 The Employer agrees to provide suitable farm work to the Workers for all periods agreed between FRENZ and the Employer.
2.2 The Employer shall at all times act in good faith towards the Workers and ensure a safe workplace and a supportive working environment.
2.2 The Employer agrees to employ the Workers on the employment terms listed in the First Schedule to this Contract.
- Agency fees
3.1 The Employer agrees to pay FRENZ agency fees for each Worker placed with the Employer, in accordance with the fee structure in the Second Schedule to this Contract
3.2 The Employer shall pay each invoice received from FRENZ on the 20th day of the month following the date of the invoice from FRENZ.
3.3 The Employer shall also pay FRENZ agency fees in accordance with the fee structure in the Second Schedule in the event that:
(a) a Worker is employed or re-employed by the Employer within a twelve-month period from the introduction by FRENZ of that Worker to the Employer without prior approval from FRENZ;
(b) any person, introduced or put forward by FRENZ to the Employer and the Employer, enter into a direct employment contract with that person.
- Conversion to a Permanent Placement of a non-New Zealand citizen or legal resident Worker
4.1 Should the Employer wish to employ the Worker on a permanent contract, the Employer shall notify the FRENZ in writing accordingly. If FRENZ and the Worker agree to the Employer’s request, then:
- a) FRENZ will terminate its contract with the Worker;
- b) The Employer will pay FRENZ a permanent placement fee calculated in accordance with the fee structure in the Second Schedule. The Employer shall continue to pay the casual fee per week provided for in the Second Schedule until the permanent fee has been paid to FRENZ.
4.2 If the Worker leaves the permanent employment of the Employer within 6 (six) weeks of being made a permanent employee and after the Employer has paid the permanent placement contract fee, FRENZ will arrange another permanent placement without further charge. The provisions of this clause shall not apply in the event that the Employer terminates the Worker’s permanent employment other than for reasons relating to the suitability of the Worker.
- Conversion to a Permanent Placement of a New Zealand citizen or legal resident Worker
5.1 The Employer will be charged on a casual fee basis in accordance with Second Schedule for a period up to 90 days from the New Zealand Worker’s employment commencement date.
5.2 At the completion of the 90 day period, if the Employer elects to continue employment of the Employee, the Employer agrees to pay FRENZ Recruitment a one off permanent placement fee as per Second Schedule.
5.3 The Employer may elect to waive this 90 day period and offer the Employee permanent employment for which the Employer will pay FRENZ Recruitment the aforementioned permanent placement fee.
5.4 In the event that the NZ worker leaves their employment within the first 90 days, and the Employer wishes, FRENZ Recruitment will arrange another placement. From the date that a suitable replacement’s employment has commenced, the Employer agrees to be charged at the casual rate as per Second Schedule for 90 days. Upon completion of that period if the Employer elects to retain the Employee’s service, the Employer agrees to pay FRENZ Recruitment the aforementioned permanent placement fee.
- Review of terms of this Contract
FRENZ may vary the terms of this Contract by notice in writing to the Employer. If the Employer does not agree to any proposed variation of the terms of this Contract, the Employer shall give written notice of objection (specifying the reasons for the objection) to FRENZ within 10 working days of the date of the notice of variation from FRENZ. If no objection is received by FRENZ within the 10 working day period, the Employer shall be deemed to have accepted the proposed variations to this Contract. If the Employer does give written notice of objection to FRENZ, the parties shall negotiate to endeavour to reach agreement on the issue.
- Notification of departures
The Employer will notify FRENZ immediately in the event of any departure of a Worker or the termination of any Employment Agreement with a Worker for any cause.
- Mediation role
FRENZ will make itself available to mediate in any dispute arising between a Worker and any Employer, the terms of such mediation to be agreed by all the parties prior to the mediation proceeding.
- Termination of placements
Either Employer or Worker may terminate employment in accordance with minimum period set out in the Employment Agreement but not less than 2 weeks’ written notice to the other party. The parties acknowledge and confirm that termination of a placement shall not constitute termination of this Contract, which shall remain in full force and effect for the remainder of the term of this Contract.
- Inability to work or termination of employment
In the event that any Worker is prevented from fulfilling the terms of his/her employment with the Employer as a result of serious illness, disability or bereavement which requires the Worker to be absent from work for more than 5 days or if the employment contract between the Employer and a Worker is terminated for any reason, the Employer will immediately notify FRENZ. In that event, FRENZ will make all reasonable efforts to replace the Worker in a timely manner, but FRENZ shall not be required to incur cost to do so.
- No liability for actions of Workers
FRENZ shall not have any liability or responsibility whatsoever to the Employer for any actions or failures to act on the part of a Worker or for any serious misconduct or deliberate acts on the part of a Worker.
- Tax compliance
The Employer shall meet all tax compliance obligations associated with the Employer’s employment of the Worker and shall make all payments of PAYE to the Inland Revenue Department as and when they are due and payable.
- Deductions from Worker’s pay
The Employer acknowledges that FRENZ has provided in its contract with the Worker that the Employer may deduct any moneys owed by the Contract Worker to FRENZ from wages due to the Contract Worker. The Employer shall pay those moneys directly to FRENZ.
- Agency Contract
The Employer acknowledges and agrees that:
(a) FRENZ is at all times acting solely as an agent to arrange placements of Workers for the Employer;
(b) FRENZ is not the employer of any Worker and this Contract cannot in way be deemed to be an employment agreement between FRENZ and the Worker.
14.1 This Contract shall be governed by the laws of New Zealand. Any disputes arising under or in relation to this Contract shall be subject to the jurisdiction of the New Zealand courts.
14.2 The various provisions of this Contract are severable. If any provision is held to be invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the remaining provisions of this Contract.
FIRST SCHEDULE – EMPLOYMENT AGREEMENT TERMS
The indicative terms of the employment agreements to be entered into between the Employer and the Workers are as follows.
- Trial period
The employment agreement may be subject to a trial period of 90 days, pursuant to section 67A and B of the Employment Relations Act 2000. During this trial period, the Employer may dismiss the Worker by giving two week’s notice prior to the end of the trial period and, in the event of dismissal, the Worker will not be entitled to bring a personal grievance or other legal proceedings in respect of that dismissal.
- Pay rate
The Employer will pay the Worker an hourly wage of no less than that set out by the New Zealand Minimum Wage Act.
The Employer will provide a reasonable standard of accommodation to the Worker for the period of the employment. At a minimum, this means a private bedroom, bedding, shared living area furnishings, access to basic kitchen appliance and utensils, utilities, and shower/laundry/toilet. Any rental deductions shall be added on to the gross salary of the Employee. No deductions for rent or accommodation may be made that decrease the gross salary below the minimum rates of pay specified in the NZ Minimum Wage Act; however, the Worker will be expected to meet his/her own cost for power, gas, telephone and food on a “user pays” basis.
- Travel costs
The Employer will meet the cost of domestic travel fare for the Worker from anywhere in New Zealand to the placement farm up to a maximum claim entitlement of NZ$200. The Worker is not entitled to the NZ$200 travel subsidy claim should they fail to complete 12 weeks of work at the placement. The Employer will then be entitled to deduct the travel subsidy from the final pay. This clause excludes circumstances where the Worker is dismissed for reasons beyond his/ her control.
The Employer will provide rostered working hours and time off. The roster will be scheduled at least 2 weeks in advance unless a different agreement has been reached between the parties.
- Minimum hours
The Employer will provide the Employee with a minimum of 30 hours of paid work each week;
- Holiday pay
The Employer will pay holiday pay, which will be calculated at the rate of 8% of gross earnings in accordance with the Holidays Act 2003. If the Worker works on the same farm for more than a year, the Employer will pay the Worker 4 weeks’ leave based on their roster.
- Statutory holidays
The Employer will pay time and a half (1.5%) as well as a day in lieu for statutory days worked, 11 in total.
- Sick leave
The Employer will pay sick leave of 5 days per 12 months, commencing after 6 months of continuous placement as well as 3 days’ bereavement leave for the death of a family member in accordance with the 2003 Employment Act.
- Responsibilities of the Worker
The Worker shall:
- comply with all reasonable and lawful instructions provided by the Employer;
- perform his/her duties with all reasonable skill and diligence;
- conduct his/her duties in the best interests of the Employer;
- deal with the Employer in good faith in all aspects;
- comply with all policies and procedures (including any codes of conduct) implemented by the Employer from time to time;
- take all practicable steps to perform the work in a way that is safe and healthy;
VII. ensure that prior to any placement, a valid and signed contract is held by FRENZ.
- Serious Misconduct
The Employer may terminate the Employment Agreement for serious misconduct on the part of the Worker. Serious misconduct includes, but is not limited to:
- harassment of a work colleague or customer;
- serious or repeated failure to follow a reasonable instruction;
- deliberate destruction of any property belonging to the Employer;
- actions that seriously damage the Employer’s reputation;
- Drug Testing
The Employer may require the Contract Worker to undergo drug testing.
SECOND SCHEDULE – FEES PAYABLE BY THE EMPLOYER TO FRENZ
The fees payable by the Employer to FRENZ shall be calculated on the following basis:
|a)||Casual fee for a Worker||NZ$70.00 + GST per week|
|b)||Casual fee for two Workers who are a couple||NZ$100.00 + GST per week|
|c)||Contribution to cost of a work visa application||NZ$400.00 + GST|
|d)||Permanent placement fee for a Worker||NZ$3000.00 +GST|
|e)||Permanent placement fee for two Workers who are a couple||NZ$3600.00 + GST|