Indiana cook employment contract template

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How Indiana cook employment contract Differ from Other States

  1. Indiana recognizes at-will employment but allows for more enforceable oral agreements, unlike some other states.

  2. Indiana law does not require employers to provide meal or rest breaks, so these terms should be addressed in the contract.

  3. Non-compete clauses in Indiana cook contracts are enforceable under stricter conditions compared to some states.

Frequently Asked Questions (FAQ)

  • Q: Is a written contract required for cooks in Indiana?

    A: A written contract is not legally required, but having one is highly recommended to clarify employment terms.

  • Q: Can an Indiana cook employment contract limit outside work?

    A: Yes, the contract may include clauses limiting outside work if reasonable and not overly restrictive.

  • Q: Are meal breaks mandatory in Indiana cook contracts?

    A: Indiana law does not require meal or rest breaks, so terms should be explicitly stated in the contract if desired.

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Indiana Cook Employment Contract

This Indiana Cook Employment Contract ("Agreement") is made and entered into as of [Date of Signing] by and between [Restaurant Name], a [State of Incorporation] [Business Entity Type, e.g., Corporation] with its principal place of business at [Restaurant Address], Indiana ("Employer"), and [Employee Name], residing at [Employee Address], Indiana ("Employee").

1. Position: Full-Time Cook

  • Option A: Line Cook
    • Duties: Preparing and cooking menu items according to standard recipes, maintaining quality and consistency, plating dishes attractively, monitoring cook times and temperatures per Indiana health code.
  • Option B: Prep Cook
    • Duties: Preparing mise en place, chopping vegetables, portioning ingredients, ensuring proper food storage and labeling per Indiana State Department of Health (ISDH) food safety regulations.
  • Option C: Grill Cook
    • Duties: Cooking meats, poultry, and seafood on a grill, maintaining proper cooking temperatures, ensuring food safety.
  • Option D: Chef de Partie ([Specify Station, e.g., Sauté])
    • Duties: Overseeing a specific station in the kitchen, managing staff at that station, ensuring quality and consistency of dishes.
  • Additional Duties: Maintaining recipe consistency, plating and garnishing dishes, preparing mise en place, monitoring cook times and temperatures per Indiana health code, cleaning and sanitizing cooking surfaces and kitchen equipment per Indiana State Department of Health (ISDH) food safety regulations, proper food storage and labeling, managing kitchen inventory, adhering to allergen management procedures, collaborating with kitchen team, reporting directly to the Head Chef or Kitchen Manager, and participating in pre-shift meetings.

2. Required Skills and Certifications:

  • Option A: Indiana-approved Food Handler Certificate.
  • Option B: ServSafe certification (if required by county ordinance).
  • Option C: Knowledge of local foodborne illness and allergen policies.
  • Option D: Capacity for standing and lifting [Specify Weight Limit] pounds.
  • Option E: Proficient knife and equipment handling skills.
  • Option F: Basic Indiana alcohol service compliance (if applicable).

3. Work Location:

  • Primary Location: [Restaurant Address], Indiana.
  • Option A: Multi-Location Rotation: Employee may be required to work at other Employer locations within [Number] miles of the primary location.
  • Option B: Catering/Offsite Events: Employee may be required to work at catering events or other offsite locations.

4. Employment Type and Schedule:

  • Full-time: Typically 35-40 hours per week.
  • Normal Schedule: [Start Time] to [End Time], [Days of the Week].
  • Indiana-Compliant Meal Break: [Length of Break] minute break every [Number] hours.
  • Rest Periods: [Number] minute rest period every [Number] hours.

5. Shift Scheduling, Uniforms, and PPE:

  • Option A: Rotating Weekends: Employee may be required to work rotating weekends.
  • Option B: Night Shifts: Employee may be required to work night shifts.
  • Option C: Holiday Work: Employee may be required to work on holidays.
  • Option D: On-Call Expectations: Employee may be required to be on-call [Specify On-Call Hours/Days].
  • Uniform Standards: [Description of Uniform Requirements].
  • Employer-Provided Clothing/Tools/PPE: [List of Items Provided].

6. Compensation:

  • Option A: Hourly Wage: [Dollar Amount] per hour.
  • Option B: Salary: [Dollar Amount] per year.
  • Pay Frequency: Semi-monthly.
  • Method of Wage Payment: [Direct Deposit or Check].
  • Option A: Tip Pooling: Employee will participate in a tip pool with other eligible employees. Details of the tip pooling policy are available upon request. Compliance with Indiana and federal wage/tip laws is maintained.
  • Option B: Tip Credit: Employer intends to take a tip credit in accordance with applicable Indiana and federal law.
  • Overtime Pay: Eligible for overtime pay at 1.5x regular rate for hours worked over 40 in a workweek, as required by Indiana and FLSA.
  • Option A: Shift Differentials: [Dollar Amount] shift differential for [Specific Shifts].
  • Option B: Holiday Pay: [Specify Holiday Pay Rate].
  • Option C: Performance-Based Bonuses/Raises: Eligibility for performance-based bonuses or raises will be determined by [Criteria].
  • Wage Deductions: Wage deductions will only be made in accordance with Indiana Code (IC 22-2-6-2) and require written employee authorization.

7. Benefits:

  • Option A: Employer-Sponsored Health Insurance: Eligibility and details available upon request.
  • Option B: Employer-Sponsored Dental Insurance: Eligibility and details available upon request.
  • Option C: Employer-Sponsored Vision Insurance: Eligibility and details available upon request.
  • Paid Time Off (PTO): [Number] days of sick leave and [Number] days of vacation per year.
  • Indiana State and Federal Holidays: [List of Observed Holidays].
  • Employer's Leave Policies: Policies for illness, injury, FMLA rights, and Indiana Worker's Compensation insurance are available upon request.
  • Option A: Retirement Plan (e.g., 401(k)): Eligibility and details available upon request.
  • Meal Discounts: [Percentage] discount on meals.
  • Option A: Uniform Maintenance Reimbursement: [Dollar Amount] reimbursement per [Frequency].
  • Option B: Continuing Education/Food Safety Training Reimbursement: Reimbursement for approved courses up to [Dollar Amount] per year.

8. Behavioral and Performance Standards:

  • Punctuality, personal hygiene, and dress code adherence.
  • Compliance with Employer's food safety procedures.
  • Avoidance of substance use on duty per Indiana law.
  • Standards for kitchen equipment care and safe handling of hazardous kitchen tasks.
  • Participation in required training or safety drills.

9. Indiana Food Code and ISDH Compliance:

  • Employee is expected to comply with the Indiana Food Code and ISDH regulatory requirements.
  • Employee must report any health department violations promptly.

10. Confidentiality:

Employee agrees to maintain the confidentiality of proprietary recipes, ingredient sources, food cost structures, supplier relationships, customer data, and business operational processes during and after employment.

11. Intellectual Property:

Any original recipes or process innovations developed during employment are the property of the Employer, with carve-outs for traditional or widely known cooking methods.

12. At-Will Employment:

  • Employment is at-will under Indiana law, meaning either party may terminate the employment relationship at any time, with or without cause or notice.
  • Option A: Required Notice Period: Employee is requested to provide [Number] weeks' notice of resignation.
  • Return of Uniforms and Equipment: Upon termination, Employee must return all uniforms and company equipment.
  • Final Payment: Final payment will be made in accordance with Indiana’s final paycheck law.

13. Disciplinary and Termination Procedures:

  • Employer may utilize progressive discipline practices.
  • Documentation of disciplinary actions will be maintained.
  • Procedures for voluntary resignation, employer-initiated dismissal, or layoff will be followed.

14. Restrictive Covenants:

  • Option A: Non-Solicitation: During employment and for [Number] months following termination, Employee agrees not to solicit the Employer’s employees or customers.
  • Option B: Non-Disclosure: Employee agrees not to disclose confidential information.
  • Option C: Non-Compete: (Note: Enforceability of non-competes in Indiana is limited. Consult with legal counsel.) During employment and for [Number] months following termination within a [Number] mile radius, Employee agrees not to work for a direct competitor. This clause is limited to protecting confidential recipes, vendor contacts, or trade secrets where necessary per Indiana case law.

15. Anti-Discrimination and Equal Employment Opportunity:

The Employer is an Equal Opportunity Employer and does not discriminate on the basis of race, sex, religion, age, disability, national origin, or any other protected class under applicable Indiana and federal law.

16. Dispute Resolution:

  • Employee Grievance Reporting Protocol: Employee should report any grievances to [Supervisor/Manager].
  • Escalation: If the grievance is not resolved, it may be escalated to [Higher-Level Manager/HR].
  • Preferred Method of Dispute Resolution: [Mediation/Binding Arbitration].
  • Governing Law and Venue: This Agreement shall be governed by the laws of the State of Indiana, and venue for any litigation shall be in [County Name] County, Indiana.

17. Indiana OSHA and ISDH Regulatory Compliance:

Employee is expected to comply with all applicable Indiana OSHA and ISDH regulations, including workplace safety, exposure control, accident and injury reporting, machine and chemical safety, and the duty to use PPE and report unsafe conditions.

18. Indiana Notice of Wage Assignment and Wage Notice:

Employee acknowledges receipt of the Indiana Notice of Wage Assignment and the required wage notice as specified by Indiana law.

19. Industry-Specific Regulations:

Employee must comply with all applicable industry-specific regulations, including local food handler permit requirements, alcohol handling certification (if applicable), and any background check or drug screening requirements.

20. Changes to the Agreement:

All elements of this Agreement are subject to change at the Employer’s discretion (unless prohibited by law) with proper advance employee notice as required by Indiana statutes or company policy.

21. Incorporation of Handbook/Policies:

Any handbook, policy manual, or operating procedures are incorporated by reference, as amended from time to time.

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

_______________________________
[Employer Representative Name], [Title]
Employer

_______________________________
[Employee Name]
Employee

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