Delaware HR assistant employment contract template

Delaware HR Assistant Employment Contract

This Delaware HR Assistant Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee"). Employer's phone number is [Employer Phone Number] and email address is [Employer Email Address]. Employee's phone number is [Employee Phone Number] and email address is [Employee Email Address].

1. Employment

• The Employer hires the Employee as a full-time HR Assistant.
• Option A: The Employee accepts such employment and agrees to perform the duties outlined below.
• Option B: The Employer and Employee agree that this Agreement is not a guarantee of continued employment.

2. Job Title and Duties

• The Employee's job title is HR Assistant. The Employee's duties will include, but are not limited to:
• Supporting recruitment efforts, including posting job openings, scheduling interviews, and conducting initial screenings.
• Managing new-hire onboarding processes, ensuring compliance with Delaware labor laws and E-Verify requirements.
• Maintaining accurate and up-to-date employee records in accordance with Delaware Department of Labor standards.
• Assisting with benefits administration, including employee enrollment, eligibility verification, and COBRA-related support as required by Delaware law.
• Tracking employee time and attendance, ensuring proper overtime calculation and FLSA compliance.
• Supporting employee relations investigations in accordance with Delaware anti-discrimination statutes and local fair employment practices.
• Conducting I-9 and W-4 processing in compliance with federal and Delaware regulations.
• Preparing HR reports as required by Delaware law, such as the Delaware Annual Employer Affirmation form (if applicable).
• Option A: Other duties as assigned by the Employee's supervisor.
• Option B: The above duties are comprehensive and will only be changed in writing.

3. Reporting Relationship

• The Employee will report directly to the [HR Manager Title].
• Option A: The Employee will also work collaboratively with other members of the HR department.
• Option B: The Employee will receive project-based instructions from various department heads as needed.

4. Confidentiality

• The Employee acknowledges that they will have access to confidential and proprietary information belonging to the Employer, including but not limited to employee personal data, salary information, and business strategies.
• Option A: The Employee agrees to maintain the confidentiality of this information and not disclose it to any third party without the Employer's written consent.
• Option B: This obligation of confidentiality survives the termination of this Agreement.

5. Work Location

• The Employee's primary work location will be at [Office Address] in Delaware.
• Option A: Remote or hybrid work arrangements may be available subject to the Employer's Telework Policy and approval.
• Option B: The Employee is required to maintain Delaware residency if working remotely to comply with Delaware employment tax obligations.

6. Work Schedule

• The Employee's work schedule is full-time, consisting of 40 hours per week, Monday through Friday.
• Option A: Core working hours are from [Start Time] to [End Time].
• Option B: Specific work hours may be adjusted with the approval of the Employee's supervisor.
• Delaware law requires specific breaks for certain employees (e.g., minors). These breaks will be accommodated as required by law. Overtime will be paid in accordance with FLSA and Delaware law.

7. Compensation

• The Employer shall pay the Employee a [Salary/Hourly Rate] of [Amount] [Per Year/Per Hour].
• Option A: Overtime will be paid at a rate of 1.5 times the Employee's regular rate for hours worked over 40 in a workweek, as required by FLSA and Delaware law (if non-exempt).
• Option B: This position is exempt from overtime under FLSA regulations.
• The Employee will be paid on [Pay Schedule, e.g., bi-weekly] via direct deposit.
• Wage deductions will only be made in compliance with Delaware Department of Labor regulations.
• The Employee may be eligible for a performance-based bonus as determined by the Employer, according to [Bonus Plan Document Name, if applicable].

8. Benefits

• The Employee will be eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
• Health insurance
• Dental insurance
• Vision insurance
• 401(k) or other retirement plan
• Paid holidays, including Delaware state-recognized holidays
• Paid time off (vacation, sick leave, considering Delaware’s Healthy Delaware Families Act if applicable)
• Short-term and long-term disability insurance
• Worker's compensation insurance as required by Delaware law
• Family and Medical Leave (FMLA) eligibility
• Benefits eligibility and start dates are subject to the Employer’s benefit plan documents. Coverage continuation upon termination will be governed by applicable law (e.g., COBRA).

9. Required Notices and Policies

• The Employee acknowledges receipt of the following notices and policies (if applicable):
• Delaware Wage Theft Prevention Act Notice
• Minimum Wage Poster
• Anti-Discrimination and Sexual Harassment Policy (meeting Delaware’s Training and Prevention of Sexual Harassment law for employers with 50+ employees).
• Employee Handbook
• Option A: The Employer will provide any required training as mandated by Delaware law (e.g., sexual harassment prevention training if applicable).
• Option B: The Employee is responsible for independently reviewing all applicable policies.

10. Data Protection

• The Employee agrees to comply with all applicable data protection laws and the Employer's data security policies in handling employee data.
• Option A: The Employee will receive training on data privacy and security practices.
• Option B: Any data breaches must be immediately reported to the Employer's IT and HR departments.

11. Compliance with Laws

• The Employee agrees to comply with all applicable federal, state, and local laws and regulations in performing their duties, including all Delaware-specific requirements for HR reporting and recordkeeping.
• Option A: This includes compliance with records retention schedules and destruction procedures.
• Option B: The Employee will receive training on relevant legal and regulatory requirements.

12. Anti-Discrimination and EEO

• The Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, or any other characteristic protected by federal, state, or local law, including Delaware's expanded protections.
• Option A: The Employer is committed to providing a workplace free of harassment.
• Option B: The Employer has a zero-tolerance policy for discrimination and harassment.

13. Conflicts of Interest

• The Employee agrees to disclose any potential conflicts of interest to the Employer.
• Option A: The Employee shall not accept gifts or gratuities that could influence their decisions or actions.
• Option B: The Employee must obtain written approval from the Employer before engaging in any external employment.

14. Professional Standards

• The Employee is expected to maintain the highest professional standards and ethical conduct in performing their duties, including adherence to any applicable Delaware HR code of ethics.
• Option A: The Employee will adhere to best practices for workplace investigations and record handling.
• Option B: The Employee will familiarize themselves with and follow the Employer's employee handbook and policies.

15. Company Equipment and Technology

• The Employee is responsible for the proper use and care of all company equipment and technology, including HRIS platforms, payroll software, and background check systems.
• Option A: The Employee will comply with Delaware cybersecurity and data security standards for HR records.
• Option B: The Employee must immediately report any loss or damage to company equipment.

16. Workplace Safety

• The Employee is expected to promptly report any workplace safety hazards or concerns to the Employer.
• Option A: The Employee will participate in any Delaware-mandated safety training.
• Option B: The Employee will comply with all safety regulations and procedures.

17. At-Will Employment

• The Employee's employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable Delaware law.
• Option A: The Employer may require written notice of termination as per company policy.
• Option B: The Employer will provide a reason for termination upon request, as allowed by Delaware law.

18. Termination Procedures

• Upon termination, the Employee will receive their final wages on the next regular payday, as required by Delaware law.
• Option A: The Employee must return all company property, including laptops, phones, and access cards.
• Option B: The Employee must cooperate with the Employer in the offboarding process, including transferring knowledge and access to HR data.

19. Complaint Reporting

• The Employee should report any concerns or complaints to [HR Contact Name and Title] at [HR Contact Email] or [HR Contact Phone Number].
• Option A: The Employee may also contact the Delaware Department of Labor at [Delaware DOL Contact Information].
• Option B: The Employer has a formal internal grievance procedure detailed in the employee handbook.

20. Acknowledgement

• The Employee acknowledges receipt of all required federal and Delaware policy documents, workplace postings, and training certificates.
• Option A: The Employee has had the opportunity to ask questions and seek clarification regarding this Agreement.
• Option B: The Employee understands and agrees to the terms and conditions of this Agreement.

21. Agreement Review

• This Agreement will be periodically reviewed and may be modified in line with Delaware employment law changes or company policy.
• Option A: Any modifications will be made in writing and signed by both parties.
• Option B: The Employer reserves the right to unilaterally amend this Agreement with reasonable notice to the Employee.

22. Governing Law and Venue

• This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.
• Option A: Any disputes arising out of or relating to this Agreement shall be resolved in the state or federal courts located in [County Name] County, Delaware.
• Option B: The parties agree to binding arbitration in accordance with Delaware law.

23. Dispute Resolution

• The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through internal dispute resolution processes (e.g., HR or compliance department review) before resorting to litigation.
• Option A: If internal resolution is unsuccessful, the parties agree to participate in mediation before pursuing litigation.
• Option B: Any legal action must be preceded by written notice to the other party.

24. Pay Transparency

• The Employer complies with Delaware’s Pay Transparency law (if applicable) and prohibits salary history inquiries in accordance with Delaware's wage equity statute.
• Option A: This Agreement adheres to the principles of equal pay for equal work.
• Option B: The Employer promotes pay equity within the organization.

25. Optional Elements

• The Employee may be eligible for:
• Tuition reimbursement
• Wellness programs
• Transportation stipends
• Option A: Eligibility for these benefits is subject to the terms and conditions of the applicable programs.
• Option B: These benefits are discretionary and may be modified or terminated at any time by the Employer.

26. Adjustment Clause

• All elements of this agreement are subject to adjustment based on the company’s policies or for evolving Delaware legal standards.
• Option A: The company will provide notice in advance of any adjustments that may affect this agreement.
• Option B: Employee acknowledges the agreement can be adjusted and will remain in compliance as new standards arise.

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]