90-Day Trial Period Clause

90-DAY TRIAL PERIOD CLAUSE

This clause forms part of the employment agreement between ✓Employer name, the "Employer", and ✓Employee name, the "Employee".

1. TRIAL PERIOD 1.1. The Employee's employment is subject to a trial period of Trial duration (days) days (maximum 90 days) beginning Trial start date, under section 67A of the Employment Relations Act 2000, as extended to all employers by the Employment Relations (Trial Periods) Amendment Act 2023 (in force 23 December 2023). 1.2. Confirmation of no prior employment with this employer — a trial period is only valid for an employee who has not previously been employed by this Employer.

2. NOTICE DURING THE TRIAL 2.1. During the trial period, the Employer may terminate this employment by giving notice of: Notice to end employment during the trial. 2.2. If the Employer terminates the employment under this trial period clause, the Employee is not entitled to bring a personal grievance for unjustified dismissal in relation to that dismissal. Other personal grievances — for example, discrimination or sexual/racial harassment — remain available.

3. VALIDITY REQUIREMENTS 3.1. This clause was agreed in good faith and signed by the Employee on Date signed (must be before the first day of work), which must be BEFORE the Employee's first day of work for it to be valid. A trial period clause signed on or after the first day worked — including on the first day itself, after the shift has started — is invalid and offers the Employer no protection. 3.2. Accredited Employer Work Visa: Accredited Employer Work Visa (AEWV) status A 90-day trial period cannot be used when hiring an employee under the Accredited Employer Work Visa scheme.

4. ALTERNATIVE 4.1. Where a trial period is not available or not used, the parties may instead agree to a probationary period under section 67A, under which any dismissal remains open to challenge but with a fair process.

SIGNATURES Employer ______________ / on behalf of ✓Employer name / Date: Date signed (must be before the first day of work) Employee ______________ / ✓Employee name / Date: Date signed (must be before the first day of work)

— — — ⚠️ This is a boilerplate template, not legal advice. New Zealand employment, privacy, consumer, food-safety, and work health & safety law combines the Employment Relations Act 2000, the Holidays Act 2003 (under active reform via the proposed Employment Leave Bill), the Privacy Act 2020, the Consumer Guarantees Act 1986, the Fair Trading Act 1986, the Food Act 2014, and the Health and Safety at Work Act 2015 — several of which are mid-reform as of mid-2026 and change on fixed dates that this template flags but does not resolve for you. Have it reviewed and adapted by a lawyer or Employment New Zealand before use, check current guidance and free official templates at employment.govt.nz (including the Employment Agreement Builder at eab.business.govt.nz), and confirm the minimum wage and any other statutory rate in force on the date of use (rates change every 1 April).