California janitor employment contract template

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How California janitor employment contract Differ from Other States

  1. California mandates stricter wage and hour regulations, including daily overtime pay and rest break requirements, beyond federal standards.

  2. Employers in California must provide specific rights notice under the Property Service Workers Protection Act, which is not required in most other states.

  3. California law requires comprehensive harassment prevention training for janitorial staff, which is typically not mandated elsewhere.

Frequently Asked Questions (FAQ)

  • Q: Do California janitor contracts require special state disclosures?

    A: Yes, employers must include specific notices regarding wage rights and protections under state law.

  • Q: Are rest breaks and meal periods mandatory for janitors in California?

    A: Yes, California law requires rest breaks and meal periods for janitors working specified shifts.

  • Q: Is sexual harassment prevention training required for janitors in California?

    A: Yes, employers must provide sexual harassment prevention training to all janitorial staff.

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California Janitor Employment Contract

This Full-Time Janitor Employment Contract is made and entered into as of [Date] by and between [Employer Name], located at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

1. Employment

The Employer hereby employs the Employee as a full-time Janitor, and the Employee hereby accepts such employment. The employment is at-will, meaning either party may terminate the relationship at any time, with or without cause, subject to California law.

Employee acknowledges that this is a full-time position, requiring approximately [Number] hours per week.

2. Job Duties

The Employee's primary duties shall include, but not be limited to:

  • Regular cleaning of floors, restrooms, hallways, and kitchens.
  • Trash and recycling removal.
  • Operation and maintenance of cleaning equipment.
  • Safe handling and application of cleaning chemicals in accordance with California Proposition 65 and Cal/OSHA hazardous substances guidelines.
  • Replenishment of consumables (e.g., soap, paper towels).
  • Inspection and reporting of maintenance or safety hazards.
  • Use of employer-approved personal protective equipment (PPE).
  • Compliance with facility-specific cleaning checklists or schedules.
  • Adherence to all safety procedures and protocols.

3. Work Location and Schedule

The Employee's primary work site will be located at [Work Site Address] in California.

The Employee's daily schedule will be [Start Time] to [End Time], [Days of the Week].

  • Option A: The Employee's work schedule includes night shifts.
  • Option B: The Employee's work schedule includes split shifts.

The Employee is required to wear the designated uniform: [Uniform Description].

  • Option A: Uniforms are provided by the employer.
  • Option B: Employee is responsible for purchasing and maintaining their own uniform.

The Employee must adhere to all security protocols, including locking up and securing the premises after each shift.

4. Legal Employer

The legal employer of record is [Legal Employer Name]. This is particularly important if the Employer is contracting services through a third-party janitorial service vendor.

The Employer is responsible for providing all necessary equipment, safety training, and cleaning supplies, as mandated by California law.

5. Compensation

The Employee's hourly rate will be [Hourly Rate], which is at or above California's minimum wage.

The Employee will be paid [Frequency of Payment, e.g., weekly, bi-weekly].

Overtime will be compensated at time-and-one-half for hours worked over eight in a workday or forty in a workweek, and double time for hours worked over twelve in a workday, as required by California Labor Code sections 510 & 515.

Pay stubs will include itemized pay, sick leave accrual, and all deductions, as per California Labor Code 226.

6. Benefits

The Employee is eligible for the following benefits:

  • Health, dental, and vision insurance:
    • Option A: The employer will provide health, dental, and vision insurance.
    • Option B: The employer will contribute towards health, dental, and vision insurance.
    • Option C: Health, dental and vision insurance is not provided.
  • Paid sick leave:

    The Employee is entitled to paid sick leave as mandated by California's Healthy Workplaces, Healthy Families Act.

  • Paid holidays:

    The Employee is entitled to paid holidays: [List of Paid Holidays].

  • Paid vacation:

    The Employee is entitled to [Number] days of paid vacation per year.

  • Bereavement leave:

    The Employee is entitled to [Number] days of bereavement leave.

  • Family leave:

    The Employee is entitled to family leave in compliance with the California Family Rights Act.

  • Locally mandated paid leave:

    Compliance with any locally mandated paid leave as required by county or municipality.

7. Rest and Meal Periods

The Employee is entitled to rest and meal periods as required by California law.

  • At least 10-minute paid rest breaks for every four hours worked.
  • Unpaid meal breaks for shifts over five hours.

A log or waiver for missed breaks will be maintained.

8. Training

The Employer will provide the following training:

  • Safety and cleaning certification training.
  • Ongoing Cal/OSHA injury and illness prevention training.
  • Ergonomics instruction.
  • Emergency response procedures.

The Employee is required to attend all training sessions.

9. Reporting Structure

The Employee will report to [Supervisor Name/Title].

The Employee is expected to complete tasks in a timely and efficient manner.

The Employee should report any maintenance needs or workplace hazards to [Contact Person/Department].

10. Confidentiality

The Employee must keep any personal, business, or security information encountered confidential, including alarm codes, access cards, and internal data, in compliance with state privacy and security regulations.

11. Theft and Property

Theft, unauthorized use, or removal of property is strictly prohibited.

The Employer reserves the right to conduct reasonable suspicion searches, consistent with California law.

12. Harassment, Discrimination, and Retaliation

Harassment, discrimination, and retaliation are prohibited in accordance with California's Fair Employment and Housing Act.

Any complaints should be reported to [Contact Person/Department].

13. Reasonable Accommodations

The Employer will provide reasonable accommodations for disability, religious observance, or other protected categories, as required by California law.

14. Termination

As this is an at-will employment relationship, either party may terminate the employment at any time, with or without cause, subject to California law.

Upon termination, the Employer will provide prompt payment of final wages at termination or resignation (same day or within 72 hours per Labor Code 201-203).

The Employee must return all access devices/equipment.

The Employer will accurately calculate and payout any accrued but unused vacation or PTO.

15. Disciplinary Action

The Employer may implement an investigative suspension or progressive discipline policy.

Performance concerns will be documented and discussed with the Employee.

16. Workers' Compensation

The Employee is covered by workers' compensation insurance in compliance with California law.

The Employee must report any workplace injury to [Contact Person/Department].

The Employer will provide medical treatment and lost time benefits as required by law.

17. Cal/OSHA Compliance

The Employer will comply with all Cal/OSHA occupational safety and health standards.

Safety notices will be posted.

PPE will be provided.

Periodic safety inspections will be conducted.

The Employee has the right to refuse unsafe work without reprisal.

18. Janitorial Industry Requirements

Compliance with California Labor Code section 1421 Janitorial Service Contractor Registration (if applicable).

Adherence to the Property Service Workers Protection Act, including registration and anti-retaliation protections.

19. Non-Compete/Non-Solicitation

Any non-compete or undue non-solicitation clauses are generally unenforceable in California.

20. Legal Notices and Policies

The Employee acknowledges receipt of the following:

  • Employee handbook.
  • Code of conduct.
  • Harassment policy.
  • Wage Theft Prevention Act notices.
  • Sexual harassment poster.
  • Other required new hire notices under California law.

21. Onsite Facilities

The Employee is permitted to use the following onsite facilities: [List Facilities, e.g., locker rooms, employee break rooms].

The Employee must comply with all security screening protocols.

The Employer has a lost-and-found procedure: [Description of Procedure].

22. Grievance and Dispute Resolution

Any grievances or disputes will be resolved through the following process:

  • First-level management resolution.
  • Human resources escalation.
  • Mediation.
  • Arbitration according to California law.

Venue and governing law are exclusively in California.

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

____________________________

[Employee Name]

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