Hawaii chef employment contract template

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How Hawaii chef employment contract Differ from Other States

  1. Hawaii employment contracts must comply with unique state labor laws, including wage and hour regulations specific to the hospitality sector.

  2. Employers in Hawaii must observe strict anti-discrimination and language access laws, which may require bilingual provisions and cultural accommodations.

  3. Meal and rest break requirements in Hawaii may differ from other states, requiring employers to provide adequate breaks and maintain records.

Frequently Asked Questions (FAQ)

  • Q: Is a written chef employment contract required in Hawaii?

    A: While not always legally required, a written chef contract is highly recommended to clearly define terms and protect all parties.

  • Q: Do Hawaii chef contracts need to include information about tips and service charges?

    A: Yes, Hawaii law requires clear disclosure about the distribution and handling of tips, gratuities, and service charges.

  • Q: Are non-compete clauses enforceable in Hawaii chef employment contracts?

    A: Non-compete clauses are strictly limited and only enforceable under specific conditions under Hawaii law.

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Hawaii Chef Employment Contract

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

[Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Physical Address] and mailing address at [Employer Mailing Address], hereinafter referred to as "Employer,"

and

[Chef Employee Legal Name], residing at [Chef Employee Physical Address] and mailing address at [Chef Employee Mailing Address], hereinafter referred to as "Chef."

Position and Job Description

Option A: Full-Time Chef

Option B: Executive Chef

The Employer hereby hires the Chef as a full-time [Position Title, e.g., Chef, Sous Chef]. The Chef’s primary responsibilities include, but are not limited to:

  • Menu planning and recipe development, with an emphasis on sourcing local and authentic Hawaiian ingredients.
  • Preparing, cooking, and plating dishes according to established recipes and standards, adapting dishes for Hawaii-specific dietary and cultural preferences.
  • Supervising and training kitchen staff.
  • Ensuring compliance with Hawaii Department of Health food safety and sanitation regulations (HAR Chapter 11-50).
  • Maintaining a clean and safe kitchen environment.
  • Overseeing inventory and supplier relationships, prioritizing local produce/seafood.
  • Participating in cost control and waste reduction practices.
  • Accurate record-keeping for food storage and temperature logs.
  • Strict allergen control.
  • Participating in local or regional culinary competitions, guest chef exchanges, or continuing education at recognized Hawaii or Pacific Rim culinary institutions, with support and training where appropriate and as agreed upon.
  • Reporting to [Direct Supervisor Name] and collaborating with restaurant management.
  • Customer-facing duties [Specific description of customer interactions, e.g., explaining dishes, addressing concerns].

Place of Work

Option A: Primary Location Only

Option B: Primary Location with Supplemental Work

The Chef’s primary place of work will be at [Business Name and Address] in [City, Island], Hawaii.

  • If Option B is selected: The Chef may be required to perform supplemental work at off-site events or catering engagements, such as luau or hotel banquets, as needed. Details regarding compensation and logistics for such events will be provided in advance.

The Employer agrees to comply with Hawaii labor laws regarding required posters and notices.

Work Schedule

Option A: Fixed Schedule

Option B: Variable Schedule

The Chef’s work schedule is full-time, consisting of approximately [Number] hours per week. The Chef's typical work schedule will be:

  • If Option A is selected: [Specify days of the week and start/end times].
  • If Option B is selected: The Chef's schedule may vary depending on business needs, but will generally fall between [Earliest Start Time] and [Latest End Time] on [Specify days of the week].

The Chef is entitled to rest and meal breaks as required by Hawaii law (HRS §387-1, §387-3).

Option A: Overtime Policy

Option B: No Overtime Without Approval

  • If Option A is selected: Overtime will be paid at a rate of 1.5 times the Chef’s regular hourly rate for all hours worked over 40 in a workweek.
  • If Option B is selected: Overtime work requires prior written approval from [Designated Supervisor].

The parties understand that weekend and holiday work is expected, especially during peak tourist season.

Compensation

Option A: Annual Salary

Option B: Hourly Wage

The Employer will compensate the Chef as follows:

  • If Option A is selected: An annual salary of [Dollar Amount], payable in [Number] installments on [Pay Frequency, e.g., the 15th and last day of each month].
  • If Option B is selected: An hourly wage of [Dollar Amount], payable on [Pay Frequency, e.g., the 15th and last day of each month].

The Employer will comply with Hawaii’s minimum wage requirements (at least $14/hour as of 2024, with scheduled increases).

Option A: Tips/Service Charges

Option B: No Tips/Service Charges

  • If Option A is selected: The Chef is eligible to participate in tips or service charges distributed in accordance with company policy and Hawaii law, including service charge disclosure rules if any automatic gratuity is involved.
  • If Option B is selected: The Chef is not eligible to receive tips or service charges.

Option A: Performance Bonus

Option B: No Performance Bonus

  • If Option A is selected: The Chef may be eligible for a performance bonus based on [Specific criteria, e.g., achieving certain cost control targets, positive customer feedback]. The details of the bonus structure will be provided separately.

Benefits

The Chef is eligible for the following benefits:

  • Medical insurance compliant with the Hawaii Prepaid Health Care Act, subject to eligibility requirements and waiting periods.
  • Dental and vision coverage [Specify if offered, and level of coverage].
  • Workers’ Compensation Insurance.
  • State-mandated temporary disability insurance (TDI).
  • Unemployment Insurance coverage.
  • [Specify Retirement Plan, e.g., 401(k), Simple IRA], subject to eligibility requirements.
  • Paid vacation: [Number] days per year, accruing [Accrual Rate].
  • Paid sick leave: Accrual per state and local requirements.
  • Hawaii-recognized holidays: [List Holidays].
  • [Specify Meal Allowance, if any].
  • [Specify Uniform Allowance, if any].

Kitchen PPE and Uniforms

The Employer will provide the Chef with a chef’s coat and hat. The Chef is responsible for providing and maintaining appropriate kitchen shoes. The Chef is responsible for maintaining and cleaning their work uniform.

Health Certifications and Training

The Chef is required to maintain a valid Hawaii food handler permit. The Chef is also required to obtain and maintain Food Protection Manager Certification, if supervising. The Employer will [Specify support, e.g., pay for courses/exams].

Intellectual Property and Confidentiality

All proprietary recipes, menu concepts, house sauces, and operational manuals developed during employment belong to the Employer, unless specific written exceptions are granted. The Chef retains rights to their personal recipe portfolio or prior signature dishes.

The Chef agrees to maintain strict confidentiality regarding proprietary processes, business plans, customer lists, and unique preparations. This obligation survives termination of employment. The Chef requires written consent from the Employer for outside media appearances, private catering, or cooking classes related to Employer's intellectual property.

Behavioral and Professional Standards

The Chef agrees to adhere to all workplace safety rules, kitchen hygiene protocols, and anti-harassment, anti-bullying, and anti-discrimination policies compliant with federal and Hawaii Civil Rights Commission protections. The Chef will foster diversity, inclusion, and cultural sensitivity in the workplace. Substance use is strictly prohibited.

Outside Employment/Competition

Any side work (such as pop-up dinners, private chef services, or food festivals) must be disclosed and approved in writing by the Employer. Any non-compete, non-solicitation, or no-poach clauses are subject to Hawaii law.

Employment Duration and Termination

Option A: At-Will Employment

Option B: Fixed-Term Employment

  • If Option A is selected: The Chef’s employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, except as required by law.
  • If Option B is selected: This Agreement will commence on [Start Date] and continue until [End Date].

In the event of termination, the Chef must provide [Number] weeks’ written notice of resignation. The Employer will provide advance written notice of termination as required by law. Final paycheck timing and format will comply with HRS §388-3. The Chef agrees to return all Employer property upon termination.

Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through good-faith negotiation, followed by mediation and arbitration before litigation in Hawaii courts. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii.

Documentation and Compliance

The Chef must provide documentation of eligibility to work in the U.S. The Employer will comply with Hawaii’s anti-misclassification law (HRS §388-113) and mandatory tax-withholding and reporting practices.

Housing, Relocation, and Transportation

[Specify any housing, relocation, or transportation assistance policies].

Culinary Training and Education

[Specify any culinary training or further education benefits]. The Employer supports participation in recognized local culinary competitions.

Acknowledgment

The Chef acknowledges that they have received a copy of this Agreement, have had the opportunity to review it, and understand its terms and conditions.

Employer:

____________________________

[Employer Representative Name]

[Employer Representative Title]

Date: ____________________________

Chef:

____________________________

[Chef Employee Legal Name]

Date: ____________________________

Notice Regarding Employment Rights and Labor Law Posters: The Employer will provide the Chef with all legally required notices regarding employment rights and labor law posters. Translated documents or reasonable accommodations for disability, low literacy, or limited English proficiency are available upon request.

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