Hawaii call center representative employment contract template

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How Hawaii call center representative employment contract Differ from Other States

  1. Hawaii labor laws mandate disclosure of paid rest breaks and meal periods in employment contracts, differing from many other states.

  2. Employers in Hawaii must comply with distinctive state-specific wage and hour regulations, especially regarding overtime rate calculations.

  3. Hawaii requires inclusion of native Hawaiian language accommodations if reasonably requested, which is uncommon in other U.S. states.

Frequently Asked Questions (FAQ)

  • Q: Is at-will employment enforceable in Hawaii for call center representatives?

    A: Yes, Hawaii generally recognizes at-will employment, but contracts may specify particular notice or termination procedures.

  • Q: Are employers in Hawaii required to provide paid breaks to call center representatives?

    A: Hawaii law requires reasonable rest breaks and meal periods, and employers must disclose these policies in employment contracts.

  • Q: Do Hawaii employment contracts need to mention overtime pay for call center representatives?

    A: Yes, Hawaii law requires overtime pay details to be clearly outlined in employment contracts for non-exempt positions.

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Hawaii Full-Time Call Center Representative Employment Contract

Effective Date: [Date]

1. Parties

  • Employer: [Full Legal Name of Employer], a [State of Incorporation] corporation, with its principal place of business at [Hawaii Business Address], hereinafter referred to as "Employer." Contact Person: [Employer Contact Person], [Employer Contact Phone Number], [Employer Contact Email].
  • Employee: [Full Legal Name of Employee], residing at [Employee Hawaii Address], hereinafter referred to as "Employee." (Hawaii Residency Confirmed: [Yes/No]).

2. Position

  • Designation: Full-Time Call Center Representative

3. Job Duties

  • Answering inbound and outbound customer calls in a professional and courteous manner.
  • Providing problem resolution and technical support to customers.
  • Utilizing scripted responses and following established call handling procedures.
  • Documenting all call interactions and customer information accurately in [CRM System Name] or similar system.
  • Meeting or exceeding call center performance metrics, including:
    • Average Handle Time (AHT)
    • First Call Resolution (FCR)
    • Call Quality Scores
  • Following established customer service protocols and guidelines.
  • Escalating complex issues to appropriate personnel.
  • Participating in required training for product knowledge, systems proficiency, and customer service skills.
  • Participating in cultural sensitivity training specific to Hawaii’s diverse communities, including Native Hawaiian culture.
  • Adhering to all call monitoring and recording policies as required by Employer and in compliance with Hawaii privacy laws (HRS § 803-42).

4. Work Location

  • Option A: Physical Call Center
    • The primary work location is [Physical Call Center Address] in Hawaii.
  • Option B: Remote/Hybrid Work
    • The Employee may work remotely, subject to the following conditions:
      • Maintaining a secure home office environment.
      • Ensuring a minimum internet speed of [Minimum Internet Speed].
      • Utilizing a company-provided VPN for secure access to company systems.
      • Attending on-site meetings and training as required by Employer.
  • Option C: Hybrid Work
    • The Employee may work at the call center some of the time and remotely at other times.
      • The employee will be required to come into the office at [Physical Call Center Address] on [Specific days of the week and times].
      • Remote work is subject to maintaining a secure home office environment, ensuring a minimum internet speed of [Minimum Internet Speed], and utilizing a company-provided VPN for secure access to company systems.

5. Employment Type and Schedule

  • Full-time employment.
  • Weekly hours: [Number] hours per week.
  • Shift Schedule:
    • Option A: Fixed Shift: [Days of the week and times]
    • Option B: Rotating Shift: Subject to Employer's scheduling needs, including potential for night, weekend, and holiday shifts.
  • Breaks:
    • Unpaid Meal Break: [Number] minutes (if provided per company policy).
    • Paid Rest Breaks: [Number] minutes (if provided per company policy).

6. Compensation

  • Wage:
    • Option A: Hourly Wage: $[Hourly Wage Amount] per hour.
    • Option B: Annual Salary: $[Annual Salary Amount] per year.
  • Pay Frequency: [Bi-weekly/Semi-monthly].
  • Overtime: Paid at 1.5 times the regular rate of pay for all hours worked over 40 in a workweek, as required by Hawaii law. Overtime must be pre-approved by [Supervisor Title].
  • Incentives/Commissions:
    • Option A: Performance Bonus: Potential for performance bonuses based on exceeding [Specific Call Center Metrics]. Details outlined in the Company's Performance Bonus Plan.
    • Option B: Sales Incentives: Potential to earn sales commissions based on [Specific Sales Goals]. Commission structure and payment details outlined in the Company's Sales Incentive Plan.
    • Option C: Attendance Bonus: Potential for a bonus for consistent attendance in accordance with company policy.
  • Wage Payment Timing: All wages will be paid in accordance with Hawaii law (HRS § 388).

7. Benefits

  • Group Health Insurance: Employer provides group health insurance coverage that meets the requirements of the Hawaii Prepaid Health Care Act for employees working 20+ hours per week.
  • Dental/Vision Coverage: [Yes/No]
  • Paid Vacation Days: [Number] days per year, accrued according to company policy.
  • Sick Leave: [Number] days per year, accrued according to company policy, including adherence to Hawaii Temporary Disability Insurance (TDI) program requirements.
  • Parental Leave: [Number] weeks per year, in accordance with company policy.
  • Paid Hawaii State Holidays: [List of observed holidays].
  • 401(k) or Retirement Plan: [Yes/No, Details of plan].
  • Transit/Parking Allowance: [Amount or details of allowance] (especially relevant in Honolulu).
  • Meal Subsidies: [Details of subsidies for late/night shifts, if applicable].
  • On-the-Job Training and Professional Development: Employer provides on-the-job training and opportunities for professional development.
  • Language and Cultural Sensitivity Training: Employer provides training related to Hawaii’s diverse communities.
  • Employee Assistance Program (EAP): [Yes/No, Details of program].

8. Withholding and Deductions

  • Mandatory withholding and deductions will be made from Employee's pay in accordance with federal and Hawaii law, including Hawaii State Income Tax, Social Security, and Medicare.

9. Probationary Period

  • Option A: No Probationary Period
  • Option B: Probationary Period of [Number] days/months. During this period, Employee's performance will be evaluated, and conversion to regular status is contingent upon satisfactory performance.

10. Reporting Structure

  • Employee will report to [Call Center Supervisor Name], [Team Leader Name]. Escalation workflow will follow established company procedures.

11. Shift Adherence and Workplace Conduct

  • Employee is expected to maintain excellent attendance and punctuality.
  • Absence notification procedures must be followed as outlined in the Employee Handbook, consistent with any applicable Hawaii “right to sick leave” requirements if offered.
  • Employee must adhere to the Company's dress code and workplace conduct standards, which promote a professional and culturally sensitive environment.

12. Equipment and Technology

  • Employee will use employer-provided or company-approved headsets, phones, and computers.
  • Employee must follow all secure login procedures and password management protocols.
  • Employee is responsible for the proper care and maintenance of company-provided equipment. All equipment must be returned to Employer upon separation of employment.

13. Data Privacy and Confidentiality

  • Employee must maintain the confidentiality of customer information at all times, in accordance with FCC regulations and Hawaii law.
  • Employee must adhere to all applicable federal and Hawaii confidentiality requirements, including HIPAA if applicable.
  • Employee is responsible for safeguarding all voice recordings, scripts, and account data.
  • Employee must properly dispose of call notes in accordance with the Hawaii Uniform Information Practices Act (UIPA) where applicable.

14. Call Monitoring and Recording

  • Employee acknowledges that call monitoring, quality assurance, and voice recording are part of the employment relationship.
  • Employee consents to call monitoring and recording, consistent with Hawaii's one-party consent law (HRS § 803-42).
  • Recordings may be used for training, dispute resolution, and compliance purposes.

15. Off-Duty Conduct

  • Employee's off-duty conduct should not negatively impact the Company's reputation or the Employee's ability to perform job duties.

16. Intellectual Property

  • Any script modifications, process improvements, or training materials developed by Employee during employment are the property of the Company.
  • Employee is prohibited from using third-party scripts or making unauthorized recordings.

17. Anti-Harassment, Non-Discrimination, and Equal Employment Opportunity

  • The Company is committed to providing a workplace free from harassment and discrimination.
  • The Company's policies prohibit discrimination based on race, color, ancestry, national origin, religion, sex (including gender identity and sexual orientation), age, marital status, disability, arrest and court record, domestic or sexual violence victim status, credit history, or any other protected category in Hawaii (HRS § 378).

18. Time-Keeping Procedures

  • Employee must accurately record all hours worked using the Company's time-keeping system.
  • Off-the-clock work is strictly prohibited.

19. Workplace Safety

  • Employee must comply with all workplace safety laws, including Hawaii Occupational Safety and Health (HIOSH) standards.
  • Employee must report any workplace injuries or hazards to [Designated Person/Department].

20. At-Will Employment

  • Option A: At-Will Employment
    • 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 Hawaii law.
  • Option B: Employment agreement is not at-will. (Note: Consult with an attorney before using this option.)
  • Termination:
    • Voluntary Resignation: Employee is requested to provide [Number] weeks' written notice.
    • Employer-Initiated Termination: Employer may terminate employment for cause or no cause, subject to applicable law.
    • Layoffs/Reduction-in-Force: Termination may occur due to business needs.
  • Final Paycheck: Employee's final paycheck will be issued in accordance with Hawaii law (HRS § 388).
  • Payout of Unused Vacation/Benefits: Unused vacation and other benefits will be paid out according to company policy.
  • COBRA/State Continuation Health Coverage: Employee will be notified of their rights to continue health coverage under COBRA or applicable state law.
  • Return of Company Property: Employee must return all company property upon termination of employment.

21. Dispute Resolution

  • Option A: Internal Complaint Procedure
    • Employee agrees to utilize the Company's internal complaint procedure to address any workplace disputes.
  • Option B: Mediation/Arbitration
    • Any disputes arising out of or relating to this Agreement shall be resolved through [Mediation/Arbitration] in accordance with the rules of [Arbitration Organization Name].
  • Exclusive Venue: Any legal action related to this Agreement shall be brought in the state or federal courts located in Hawaii.
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii.
  • Remedies for Breach: [Specify remedies for breach of contract].

22. Non-Compete, Non-Solicitation, and No-Moonlighting

  • Hawaii law significantly restricts non-compete agreements, especially for low- to moderate-wage workers.
  • Confidentiality and non-disclosure obligations remain in effect.
  • Option A: No Restrictions on Moonlighting
  • Option B: Employee will not engage in any activity that interferes with their job performance or creates a conflict of interest with the Company.

23. Company Policy Changes

  • The Company reserves the right to modify its policies and procedures at any time.
  • Employee is responsible for staying informed of any changes to company policies.
  • The employee agrees that the employee handbook is incorporated into this agreement.

24. Training and Compliance

  • Employee is required to complete all mandatory training programs, including training related to Hawaii-specific regulations.

25. Drug Testing and Background Checks

  • Option A: No Drug Testing or Background Checks Required
  • Option B: Employee consents to drug testing and background checks as required by the industry and applicable law.

26. Entire Agreement

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

27. Acknowledgement

  • Employee acknowledges that they have read and understand all the terms and conditions of this Agreement. Employee is advised to seek independent legal counsel before signing this Agreement.

28. Hawaiian Language Translation

  • [Provision for Hawaiian-language translation if required/requested.]

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

____________________________
[Employer Representative Name]

____________________________
[Employer Representative Title]

____________________________
[Employee Name]

Date: ______________________

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