Labour-Only Subcontractor Agreement
New Zealand Labour Hire Limited
This agreement for
Temporary Labour Supply is made between NZ Labour Hire Limited ("NZLH") and YOU, the Subcontractor:
Full Name:
Trading as (only if applicable):
Physical Address: , , ,
Postal Address (if different): , , ,
Phone:
Mobile:
Email:
Throughout this agreement the terms Subcontractor and YOU refer to both the Subcontractor (being a living person/s) and any associated trading entity listed above, and (if applicable) to ALL persons engaged to provide services to NZLH, specifically where the Subcontractor is an entity providing more than one worker to NZLH.
- Contractor Status
The terms and conditions of this agreement confirm that you are a self-employed Subcontractor and are responsible for your own tax, ACC, levies, and insurances, including under the Accident Rehabilitation Compensation Insurance Act 1992 and subsequent amendments.
You will provide labour-only services to NZLH as and when required, as an independent Subcontractor. You are not an employee, and you are not entitled to paid annual leave, public holidays, sick leave, or any other benefit attributable by law or statute to employees.
You will provide your own tools, transport, and equipment as required, and you are free to seek work elsewhere at any time.
- Hourly Rate
Rates quoted and agreed will be paid at a flat hourly rate. This rate may vary from assignment to assignment.
If you are GST registered, a valid GST number must be supplied and GST will be paid in addition to the agreed rate.
This hourly rate is not paid for lunch breaks, or when work does not start or is temporarily stopped due to weather or other unforeseen circumstances.
- GST Registration
Are you GST registered?
- Invoicing
The work week commences on a Monday and finishes on a Sunday.
You must complete an NZLH timesheet signed by the client, along with an invoice, no later than 10:00am Monday morning, to receive payment on Thursday.
Failure to submit your timesheet and invoice by the required time may result in your payment being delayed until the following Thursday.
- Timesheets
Weekly timesheets must be signed off by the client’s representative, verifying that the hours worked are correct and that the work has been completed in a satisfactory manner.
It is your responsibility to ensure these details are correct and that the timesheet is signed.
Unsigned timesheets will not be accepted by NZLH.
- Payment
NZLH will pay by direct credit each Thursday night (subject to receiving your signed timesheet and invoice by 10:00am Monday) into the nominated bank account you have provided.
If NZLH does not receive a valid timesheet and invoice, payment may be delayed until the following Thursday.
- Quality of Work / Disputed Hours
You are required to provide your services to the best of your ability.
Where a client raises a genuine concern regarding workmanship or the quality of work performed, NZLH may request that you return to site to rectify the work to an acceptable standard, where reasonable and appropriate.
If there is a dispute regarding hours worked or the quality of work performed, NZLH may temporarily withhold payment for the disputed portion only, while the matter is investigated.
NZLH will not withhold payment for hours that are not disputed and have been properly approved on a signed timesheet.
- Responsibilities / Site Direction
You will carry out your duties on site in accordance with:
• the client’s reasonable instructions relating to the site, and
• NZLH and the client’s health and safety requirements.
If you are unfamiliar with the task or instructions, or you believe your safety is being compromised, you must notify the client and NZLH immediately.
- Termination of Contract
This contract may be terminated by either party at any time.
If you are currently on an assignment, you must give NZLH 48 hours’ notice where reasonably possible so NZLH can arrange a replacement.
- Absence from Work / Failure to Attend
If you are not able to attend work when required, you must inform NZLH immediately so a replacement can be arranged.
If you cannot attend, you must notify NZLH before 6:00am on the day of the assignment.
If you fail to provide reasonable notice and NZLH incurs costs in arranging short-notice replacement labour, NZLH may recover reasonable costs incurred, up to a maximum of $50.00 per incident.
- Health and Safety
You are required to comply with NZLH’s and the client’s Health and Safety Management Policies and Procedures as set out in the Health and Safety at Work Act 2015, and all relevant regulations and amendments.
As the Subcontractor, you must ensure that at all times you work safely and that all hazards are identified and managed appropriately.
You must wear the personal protective equipment (PPE) issued to you at all appropriate times.
Should you believe that:
a) the safety of you or others is being compromised
b) your work type changes
c) there is inadequate supervision
d) your place of work changes
e) you have not received and signed the client’s hazard identification and health and safety induction before work commences
f) you have been involved in an accident
g) you have identified a hazard that could cause injury
You must notify both the client and NZLH immediately.
The safety of all involved including the public, staff, or fellow workers is a paramount consideration.
- Poaching of Workers
In the event you, the Subcontractor, or any entity associated with you employs, hires, engages, or otherwise uses the labour of any of NZLH’s present or former workers who were on any job NZLH sent you to, within 350 days from your last payment from NZLH, you and/or your trading entity shall be liable to pay NZLH $5,000.00 + GST for each worker taken.
You will also be liable for all costs (including District Court costs) associated with pursuing and collecting NZLH’s claim.
- Poaching of Clients
Should you or an entity associated with you, at any time within twelve (12) months after the last engagement to a client of NZLH, engage in work directly or indirectly for that same client you were placed with by NZLH, you will be liable to pay NZLH a finder’s fee of $6,000.00 + GST.
NZLH may also seek $5.00 + GST per hour for lost revenue for each worker hired by that client through you or an entity associated with you.
You will also be liable for all costs (including District Court costs and debt collection costs) associated with pursuing and collecting NZLH’s claim.
This is a direct result of NZLH clearly losing revenue from that said client.
- Acknowledgement
I agree that each of the above fees are based on the fact it is impossible for NZLH to prove actual hours, duration, pay rates, and charge rates, and therefore the lost profit.
Claiming I and/or others I employed only worked for 1–2 weeks for the said client is not a defence, nor is it a defence to say that the client approached me or I answered an advert that the client placed in the media.
I also agree that any monies owing to me for services I have provided to NZLH can and will be withheld until settlement of debt pertaining to these clauses, and all payments made to me under this contract are contract payments, not wages.
- Governing Law
This agreement is governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts.
I HAVE READ, UNDERSTAND AND ACCEPT ALL OF THE ABOVE CONDITIONS REGARDING THE SUPPLY OF TEMPORARY LABOUR SERVICES TO NEW ZEALAND LABOUR HIRE LIMITED, ESPECIALLY THE POACHING CLAUSES.
Full Name: