Ministry of Education
Promulgated 28 September 2022
INDIVIDUAL EMPLOYMENT AGREEMENT
INTERNATIONAL LANGUAGE ASSISTANT
1.
Parties
BETWEEN
the Board of [insert name of school] (“the employer”)
AND
[insert name of language assistant] (“the employee”)
2.
Position
The employee is being employed as a
[insert language] Foreign Language Assistant
3.
Nature and term of the agreement
This employment agreement is an individual employment agreement entered into under the
Employment Relations Act 2000. The parties agree that this is a fixed term employment
agreement. This agreement will commence on [insert start date - note this cannot be prior
to the commencement of the 2023 school year], and will end on [insert end date]. The
employer has genuine reasons based on reasonable grounds for specifying that the
employment agreement is to end at this time, namely that the role is only funded for this period
by the Ministry of Education under the Tui Tuia Work Exchange Scheme. The Tui Tuia Work
Exchange Scheme includes three overseas guarantors namely, CIEP - Ministry of Education,
France; Ministry of Education – Spain; and Pädagogischer Austauschdienst – Germany. The
parties also confirm that the employee has been advised by the employer when discussing this
agreement, the reasons for the employment ending in this way.
4.
Duties
The work to be performed by the employee is set out in Appendix A. These
duties may be modified
and updated by the Employer from time to time following agreement with
the employee. The
employee also agrees to perform all other reasonable duties and comply with
reasonable
instructions issued by the employer.
5.
Place of Work
The parties agree that the employee shall perform their duties at
[insert school(s) and hours where the employee will be working].
6.
Hours of Work
The employee is being employed part time. The
employee will work for [insert total] hours per
week; made up of [insert hours] timetabled contact hours and [insert hours] hours preparation
and administration. Timetabled hours will be worked between Monday and Friday, and the hours and
days on which the employee shall work are as above except that the employee shall not be required
to attend school(s) during any time when the school(s) is officially closed for instruction.
7.
Pay Rate
[Note: This paragraph is used for Spanish Foreign Language Assistants – delete paragraph if
employee is a French or German FLA] The employee's gross full-time salary rate shall be
[insert pro-rated salary, eg 1 FTE is $56,472.90 per annum, so 0.75 FTE will be $42,354.68] per
annum.
[Note: This paragraph is used for French or German Foreign Language Assistants – delete
paragraph if employee is a Spanish FLA] The employee’s
nett PAYE salary rate, excluding ACC levies, shall be [insert pro-rated salary, eg 1 FTE is
$46,511.30 per annum, so 0.5 FTE would be $23,255.65
] per annum. This is subject to the
provision of an IR23 certificate issued by the NZ Inland Revenue Department. If no IR23 is supplied
by the employee, their salary rate shall be the gross rate of [insert pro-rated salary] per annum.
Note: all salary payments are subject to Accident and Compensation Corporation (ACC) employee
levies.
The employee’s salary compensates them for all hours worked.
The salary will be paid, starting in the first available pay period from the start date as detailed in
clause 3, by fortnightly direct credit to the employee’s nominated New Zealand bank account.
Ministry of Education
Promulgated 28 September 2022
The employee is
entitled to be paid during any periods when the school is closed for instruction
during the term of
this employment agreement.
8.
Holidays and Leave
8.1
Public holidays
The following days shall be observed as public holidays and paid in accordance with the provisions
of the Holidays Act 2003 if they fall on an otherwise working day for the employee:
Christmas Day
Boxing Day
New Year’s Day
The day after New Year’s Day
Waitangi Day
Good Friday
Easter Monday
ANZAC Day
Sovereign’s Birthday
Labour Day Matariki Anniversary Day (as observed in
the locality concerned).
If the employee is required by the employer to work on a public holiday, he/she shall be entitled to be
paid for the time actually worked at the rate of time and a half of their relevant daily pay. If the day is
an otherwise working day for the employee the employee will be also entitled to an alternative holiday
in accordance with the Holidays Act 2003.
8.2
Annual Leave
The employee shall be entitled to annual leave in accordance with the Holidays Act
2003, to be taken
in those periods when the school is closed for instruction.
8.3
Sick Leave
The Employee shall be entitled to ten (10) days sick leave per annum during the term of this
agreement. Sick leave can be taken where the employee is sick or where the employee's spouse,
partner,
or a person who is dependent on the employee is sick or injured.
8.4
Bereavement/Tangihanga Leave
The employee is entitled to paid bereavement leave of up to three days in relation to the death of
their parent, grandparent, sibling, child (including by miscarriage or still birth), grandchild, spouse, or
parent of their spouse. The
employee is entitled to one days paid bereavement leave if the employer
considers the employee
has suffered a bereavement through the death of another person.
9.
Termination of Employment/Notice
The employer may terminate this agreement, if there is good reason and they follow a fair process,
by providing one month notice in writing to the employee. Likewise the employee is required to give
one month notice of resignation. The employer may, at its discretion, pay remuneration in lieu of some
or all of this notice period.
9.1
Serious Misconduct
Notwithstanding any other provision in this agreement, the employer may terminate this agreement
summarily and without notice for serious misconduct on the part of the employee. Serious
misconduct includes, but is not limited to:
(a)
abuse of a child, whether or not that child is a student at the school
(b)
disclosing personal information about an individual student or students without the appropriate
authority
(c)
being under the influence of alcohol or illegal drugs while at work
(d)
being convicted of any offence that may affect the Employee’s ongoing suitability for
employment
(e)
theft
(f)
dishonesty
(g)
harassment or bullying of a work colleague or student
(h)
serious or repeated failure to follow a reasonable instruction
(i)
deliberate destruction of any property belonging to the Employer,
(j)
actions which seriously damage or have the potential to seriously damage the Employer's
reputation.
Ministry of Education
Promulgated 28 September 2022
9.2
Suspension
In the event the employer wishes to investigate any alleged misconduct, it may, after discussing the
proposal of suspension with the employee, and considering the employee's views, suspend the
employee on pay whilst the investigation is carried out.
10.
Resolving Employment Relationship Problems
If any employment issues arise, they should be raised with the employer as soon as possible so
that they can be resolved. You can contact Employment New Zealand
https://www.employment.govt.nz/ who may provide information or, if the matter is not resolved,
either
party can seek assistance from the Ministry of Business, Innovation and Employment mediation
service. If the issues are not
resolved at mediation, they may be referred to the Employment Relations
Authority.
Note: If the issue is a personal grievance, the employee must present that grievance within 90 days
of the event giving rise to the grievance, or after further time if allowed by the employer or where the
Employment Relations Authority grants an extension of time. (A personal grievance may arise
where an employee believes he or she has been unfairly treated or unjustifiably dismissed.)
11.
Employment Protection and Restructuring
This clause applies in the event that the employer proposes to restructure (as defined in section 69OI
of the Employment Relations Act 2000), and the work the employee performs may or will be performed
for or by a new employer.
The employer will start talks as soon as they can with the new employer about the impact of the
restructuring on the employee. This will include negotiating whether the employee can transfer to the
new employer, and if so, whether this will be on the same terms and conditions.
The employer will meet with the employee, providing information about the
proposed arrangement
and an opportunity for the employee to comment on the proposal, consider
and respond to their
comments. The employee shall not be entitled to redundancy compensation in
the event that the
employee’s employment is terminated due to redundancy.
11.
Variation of Agreement
The parties may vary this agreement, provided that prior concurrence has been received from the
Secretary for Education and that no variation shall be effective or binding on either party unless it is
in writing and signed by both parties.
12.
Employee Acknowledgement
The employee acknowledges that:
(a)
they are, and will remain, able to work legally in New Zealand for the term of this agreement
(b)
they have been advised of their right to take independent advice on the terms of this Agreement,
and that they can find information on their entitlements under the Holidays Act 2003, and on other
minimum entitlements, can be found at https://www.employment.govt.nz/
(c)
they have been provided with a reasonable opportunity to take independent advice
(d)
the information they have given is true and correct to the best of their knowledge and belief and
they have not left out anything that could affect the decision to employ them.
(e)
they have read and understood these terms of employment and their implications, and
(f)
they agree to be bound by this Agreement and the Employer’s policies and procedures as
implemented (and varied) by the Employer from time to time.
SIGNED by:
[insert employee full name]. (Employee) on [insert date].
Ministry of Education
Promulgated 28 September 2022
SIGNED for and on behalf of the above named Board by
…............................……………….....................................................................….........….....
[insert full name and position]
[insert date]...........……..…………………....
Appendix A-Contract Specific Role Definition
Position Title
International Language Assistant
The role of the Language Assistant is to assist the New Zealand language teacher to deliver the New
Zealand curriculum, particularly the Learning Languages essential learning area, aiming to improve
student achievement in the target language and culture.
As a result of support from Language Assistants, schools, leaders and teachers will:
a) establish school goals and identify achievement targets that will contribute to achieving in
languages
b) recognise the importance of a learner’s identity, language and culture in access,
engagement and success in schooling that result in improved student outcomes and in
particular the influence of language in improving student outcomes
Schools, leaders and teachers will be able to demonstrate evidence of the following language
learning outcomes:
a) increase in the use of the target language in schools
b) increase in confidence in oral and/or written interactions
c) improved knowledge and understanding of the language
d) improved knowledge and understanding of culture
e) improved knowledge and understanding of intercultural language teaching
Responsibilities and Accountabilities
The Language Assistant will primarily support the classroom teacher by:
• communicating in the target language with teachers and students
• preparing sustainable resources to suit department and school planning
• sourcing and sharing relevant language and cultural information with teachers and students
• working with individuals or small groups as structured by the classroom teacher
• assisting the classroom teacher with their language and cultural knowledge
