Delaware chef employment contract template

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How Delaware chef employment contract Differ from Other States

  1. Delaware mandates particular anti-discrimination language in employment contracts, ensuring compliance with state labor laws.

  2. Non-compete agreements in Delaware are more strictly interpreted and require specific terms to be enforceable within the hospitality sector.

  3. Wage payment schedules in Delaware must comply with local statutes, which can differ from those in other states regarding timing and frequency.

Frequently Asked Questions (FAQ)

  • Q: Does the Delaware chef employment contract require specific meal and rest break provisions?

    A: While Delaware law doesn't mandate meal breaks, it's best practice to outline break policies clearly in the contract.

  • Q: Can a Delaware chef employment contract include a probationary period?

    A: Yes, probationary periods are permitted if their terms are clearly stated and comply with Delaware labor regulations.

  • Q: Is a written employment contract required for hiring a chef in Delaware?

    A: A written contract isn’t legally required, but it is strongly recommended to clarify terms and protect both parties.

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Delaware Chef Employment Contract

This Delaware Chef Employment Contract (the "Agreement") is made and entered into as of [Date of Signing] by and between:

[Employer Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address] ("Employer"),

and

[Chef Legal Name], residing at [Chef Address] ("Chef").

Employer's Phone: [Employer Phone Number]
Employer's Email: [Employer Email]
Chef's Phone: [Chef Phone Number]
Chef's Email: [Chef Email]

WHEREAS, Employer desires to employ Chef, and Chef desires to be employed by Employer, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Position and Responsibilities:

  • Option A: Chef shall be employed as a [Job Title, e.g., Executive Chef, Sous Chef, Line Cook] reporting to [Immediate Supervisor] within the [Department] department. The kitchen team structure is as follows: [Describe kitchen team hierarchy and reporting lines].
  • Option B: Chef shall be employed as a [Job Title, e.g., Executive Chef, Sous Chef, Line Cook] reporting to [Immediate Supervisor].

The Chef’s duties shall include, but are not limited to:

  • Menu design and development.
  • Dish preparation, cooking, plating, and presentation.
  • Ingredient selection and quality control.
  • Kitchen supervision and staff training.
  • Ensuring food safety and sanitation in compliance with Delaware health codes.
  • Inventory management and cost control.
  • Vendor interaction and purchasing.
  • Adaptation to seasonal and local ingredients.
  • Special event catering and client dietary accommodations.

Work Location:

  • Option A: The primary work location shall be [Restaurant/Establishment Name] located at [Full Street Address], Delaware. Chef is required to be present on-site.
  • Option B: The work location may include [Restaurant/Establishment Name] located at [Full Street Address], Delaware, as well as off-premises locations for catering events and other business-related activities as required by the Employer.
  • Kitchen access times and protocol for entry/exit: [Specify kitchen access procedures, e.g., key access, security codes, opening/closing procedures].

Work Schedule:

  • Option A: The standard work schedule shall be [Number] hours per week. Typical shift patterns are [Days of the week], from [Start Time] to [End Time].
  • Option B: The work schedule may vary based on operational needs and may include overtime, split shifts, weekends, and holidays.
  • Rest and meal breaks will be provided in accordance with Delaware wage and hour laws. Chef will be provided with a [Length of Break, e.g., 30-minute] unpaid meal break and [Number] paid [Length of Break, e.g., 15-minute] rest breaks per [Length of Shift, e.g., 8-hour] shift.
  • Advance notice for shift changes will be provided whenever possible, adhering to Delaware labor laws.

Compensation:

  • Option A: Chef shall receive an annual salary of [Dollar Amount], payable [Frequency of Payment, e.g., bi-weekly]. This is above the Delaware minimum wage.
  • Option B: Chef shall receive an hourly wage of [Dollar Amount], payable [Frequency of Payment, e.g., bi-weekly]. This is above the Delaware minimum wage.
  • Overtime pay will be provided at a rate of one and one-half (1.5) times the regular hourly rate for all hours worked over 40 in a workweek, as required by Delaware law.
  • Payroll deductions will be made for applicable federal, state, and local taxes, as well as any agreed-upon deductions for benefits.
  • Option A: Cash and non-cash tips will be [Choose: pooled and distributed / retained by Chef] according to the Employer’s tip policy. If tip pooling is used, the policy is available at [Location of Tip Pool Policy].
  • Option B: Bonus structures:
    • Performance-based bonuses may be awarded based on achievement of pre-determined goals, such as [Specific Goals, e.g., food cost reduction, customer satisfaction scores]. Details of the bonus structure are outlined in [Location of Bonus Policy].
    • Sales-based bonuses: [Specify Sales Bonus Policy].
  • Special event pay rates: [Specify Special Event Pay Policy, e.g., 1.5x hourly rate for events outside normal business hours].

Benefits:

  • Option A: Chef shall be eligible for the following benefits, subject to the terms and conditions of the Employer’s benefit plans:
    • Medical, dental, and vision insurance [Specify eligibility details and contribution levels].
    • Retirement or 401(k) plan options [Specify eligibility details and contribution levels].
    • Paid time off (PTO) accrual rate of [Number] days per year.
    • Sick leave in accordance with Delaware law.
    • [Number] paid holidays per year, as designated by Employer.
    • Meal allowance of [Dollar Amount] per shift.
    • Uniform and tool allowance of [Dollar Amount] per year.
    • Transportation or parking stipend of [Dollar Amount] per month.
    • Continuing culinary education or certification reimbursement up to [Dollar Amount] per year, subject to Employer approval.
    • Employee wellness or mental health support programs: [Specify Details].
  • Option B: Chef is eligible for the following benefits: [List all benefits, including details].

Certifications and Licenses:

  • Chef is required to maintain a valid [Specific Certification, e.g., ServSafe, Delaware Food Protection Manager Certification, Alcohol Service Certification] certification.
  • Chef is responsible for complying with all Delaware Division of Public Health requirements.
  • Any professional licenses required for the performance of Chef’s duties must be kept current and valid.
  • Vaccination mandates: [Specify any required vaccinations].

Uniform, Dress Code, and Personal Hygiene:

  • Employer will provide [Number] uniforms per week.
  • Chef is required to wear safe footwear (non-slip shoes) at all times in the kitchen.
  • Hair covering (hairnet or hat) is mandatory in the kitchen.
  • Minimal jewelry is permitted in the kitchen, following industry best practices for food safety.
  • Maintain a high level of personal hygiene, including frequent hand washing.

Intellectual Property:

  • All recipes, menu designs, signature dishes, and food concepts developed by Chef during employment shall be the property of the Employer.
  • Chef will receive appropriate attribution for their contributions, as determined by the Employer.
  • Chef is prohibited from using or disclosing any proprietary recipes or concepts after termination of employment.

Confidentiality:

  • Chef shall maintain strict confidentiality regarding proprietary recipes, supplier arrangements, food cost data, and business strategies.
  • Chef shall not disclose any confidential information relating to the Employer’s operational procedures, customer lists, or private events.

Conflict of Interest and Outside Work:

  • Chef shall not engage in any outside work, including moonlighting, catering, teaching, consulting, or social media activities involving competing food service entities in Delaware without the Employer’s prior written approval.

Workplace Conduct:

  • Chef shall comply with the Employer’s kitchen safety policies.
  • Substance use in the kitchen is strictly prohibited.
  • Harassment, bullying, or aggressive behavior is strictly prohibited.
  • Employer is an equal opportunity employer and complies with all Delaware EEO and anti-discrimination laws. Chef will not discriminate against or harass other employees based on race, color, religion, sex, pregnancy, gender identity, sexual orientation, age, disability, marital status, or genetic information.

Kitchen Safety:

  • Chef is responsible for the mandatory use of PPE (Personal Protective Equipment).
  • Chef will participate in equipment safety training.
  • Chef will follow emergency procedures (fire, chemical, first aid).
  • Chef shall report all work injuries in accordance with Delaware workers’ compensation laws.
  • Chef will participate in scheduled OSHA or Delaware Department of Labor safety inspections and trainings.

Food Allergies:

  • Chef shall handle food allergy information carefully.
  • Chef shall prevent cross-contamination.
  • Chef shall ensure accurate customer health disclosures.

Inventory Management:

  • Chef is responsible for inventory management, ordering, and spoilage/wastage controls.
  • Chef shall report any theft or loss of supplies or equipment.

Termination:

  • This is an at-will employment agreement, as permitted by Delaware law. Either party may terminate the employment relationship at any time, with or without cause, subject to the notice provisions below.
  • Option A: In the event of voluntary resignation, Chef shall provide [Number] weeks’ written notice to the Employer.
  • Option B: The employer may terminate Chef's employment with cause. Grounds for just cause include, but are not limited to: gross misconduct, health code violations, theft, intoxication on duty.
  • Final paycheck requirements will be in accordance with Delaware Department of Labor regulations.
  • Upon termination, Chef shall return all Employer-owned tools, uniforms, and other property.

Non-Solicitation/Non-Compete:

  • Option A: During the term of employment and for a period of [Number] months following termination, Chef shall not solicit any of the Employer’s clients or employees. This is limited to a [Radius in Miles] mile radius of [Employer's Primary Location].
  • Option B: Non-compete: Chef shall not engage in any work which directly competes with [Employer Legal Name] in the following Delaware counties: [List Delaware Counties] for a period of [Number] months following termination of this agreement.

Grievance Policies and Dispute Resolution:

  • Any grievances shall be addressed through the Employer’s internal complaint escalation process.
  • Mediation shall be attempted prior to any legal action.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. Venue for any legal action shall be in [County Name] County, Delaware.
  • Procedure for sexual harassment and discrimination complaints: [Specify procedures compliant with Delaware’s sexual harassment training laws].

Compliance:

  • Chef will comply with Delaware’s meal/rest break requirements.
  • Chef will maintain accurate timekeeping records.
  • Chef is responsible for reporting tips for tax withholding in accordance with IRS and Delaware Division of Revenue regulations.

Housing/Relocation (If Applicable):

  • Employer will provide housing: [Specify details of housing arrangements, lease requirements, move-in/out responsibilities].

Alcohol Handling (If Applicable):

  • Chef shall comply with all Delaware Alcoholic Beverage Control Commissioner regulations.
  • Chef must maintain [Specify Delaware alcohol service training certification, e.g., Responsible Alcohol Server Training (RAST)] certification if required for the role.

Professional Development (Optional):

  • Employer will support Chef's professional development through [Specify details, e.g., mentorship programs, leadership training].

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

____________________________
[Employer Representative Name]
[Employer Legal Name]

____________________________
[Chef Legal Name]
Chef

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