Employment Contract

Employment contract is an essential document required by Immigration New Zealand.

The contract must meet  the NZ employment laws.

Additionally, it must also comply with Immigration New Zealand requirements for resident visa.  

The employment agreement must have the required clauses as per Department of Labour website.

Context:

Are you now employed in a skilled occupation?  And planning to apply for a Skilled Migrant Residence Visa (SMC)?

That being the case, explained below are important points to look out for in your employment agreement.

Key Points – Employment Contract

• What is the nature of the employment agreement? 
• Is it part-time or full-time?
• At least 30 hours of work per week ?
• Does the employment agreement include further terms?
•  Is the employment continuing if it is a fixed-term agreement?
• Verify that your employment contract is valid.
• Is the employment contract ongoing and is it possible to extend it?
• What is the job description of the employment contract?
•  Does it closely correspond with the description of the job in the Australia and New Zealand Standard Classification of Occupations (ANZSCO)?
• Does my employment contract meet the requirements for residence instructions?

Assessment:

Below are requirements from Immigration New Zealand:

First and foremost the employment must be ongoing and secondly the employment must be sustainable.

Ongoing and sustainable employment is:

1. employment with a single employer, that is permanent or indefinite, and of which the employer is in a position to meet the terms specified; or

2. employment with a single employer, for a stated term of at least 12 months; or

Work on a contract basis where the applicant:

•  has a consistent history of contract work, and
• has a current contract for services, and
•  INZ is satisfied that such contract work is likely to be sustained.

Note: When assessing whether employment is sustainable, Immigration New Zealand may consider factors including, but not limited to:

•   the residence status of the employer
• the period for which the employing organisation has been established as a going concern
• the financial sustainability of the employing organisation forecasts of projected growth.

Source: https://www.immigration.govt.nz

New Zealand government

To prepare employment agreements, we strongly recommend using an employment lawyer with specialized experience in this field.

The employment contract must comply with New Zealand employment laws and changes to the Employment Relations Act.

Summary:

The employment contract must be valid and comply with New Zealand employment laws. Therefore we suggest to take assistance from an employment lawyer.

Government’s Skilled Migrant Resident Visa instructions require that workers must work full-time.

Thus, the job must offer at least 30 hours of work per week. 

The pay rate or remuneration thresholds set by Immigration New Zealand must be met at all times.

Fixed-term contracts of 6 months or 12 months or more, must have the option to be extended.

Moreover, the employment contract should be accompanied by a thorough job description. 

Furthermore, Job descriptions should closely match the Australian and New Zealand Standard Classification of Occupations (ANZSCO) job descriptions.

Finally, a well-documented employment contract with complete supporting documents will be significant in your Skilled Migrant Residence Visa application (SMC).

Explore your visa options now to secure a future in New Zealand. Your Immigration Journey begins here.

 We are more than happy to answer any of your questions. Contact us now

Thank You!