Maine cook employment contract template
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How Maine cook employment contract Differ from Other States
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Maine mandates stricter tip pooling and wage disclosure requirements compared to many other states, ensuring transparency for cooks.
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Maine law enforces meal and rest break periods more rigorously for cooks than in several other states, enhancing employee welfare.
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Specific food safety training obligations are included in Maine cook contracts, reflecting the state's unique public health regulations.
Frequently Asked Questions (FAQ)
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Q: Is a written contract required for cook employment in Maine?
A: While not legally required, a written contract is highly recommended to clearly define terms, wages, duties, and benefits.
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Q: Are Maine cooks entitled to paid breaks or meals?
A: Maine law requires a 30-minute unpaid break after six consecutive hours worked, unless the job allows frequent breaks.
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Q: What wage laws affect cooks in Maine?
A: Cooks in Maine must receive at least the state minimum wage, with additional requirements for overtime and tip reporting.
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Maine Cook Employment Contract
This Maine Cook Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between:
- [Employer Legal Entity Name], a [State of Formation] [Entity Type], with a principal place of business at [Employer Address] (“Employer”), and
- [Employee Name], residing at [Employee Address] (“Employee”).
1. Employment
- Option A: Employer hires Employee as a full-time Cook.
- Option B: Employer hires Employee as a part-time Cook. (If part-time, specify hours).
2. Job Description
- The Employee's primary responsibilities include, but are not limited to:
- Food preparation and cooking according to recipes and menu specifications.
- Plating and presentation of dishes.
- Maintaining portion and quality control.
- Managing food storage and minimizing waste according to Employer policies.
- Adhering to food safety and sanitation standards.
- Cleaning and organizing kitchen equipment and work areas.
- Assisting with kitchen setup and closing.
- Cooperating with other kitchen or restaurant staff per shift.
- Additional responsibilities may include:
- Operating specialized kitchen equipment (e.g., grills, fryers, ovens).
- Handling allergens and dietary accommodations.
- Managing prep lists for daily service.
- Compliance with Employer-specific cooking procedures.
3. Required Certifications & Compliance
- Option A: Employee must possess a valid Maine Food Handler's Permit.
- Option B: Employee must possess a valid ServSafe certification.
- Employee must comply with all Maine CDC and regulatory Food Code standards.
4. Reporting Structure & Teamwork
- Employee will report to:
- Option A: Head Chef
- Option B: Sous Chef
- Option C: Kitchen Manager
- Employee is expected to maintain effective communication with front-of-house staff, participate in shift change coordination, and report any incidents according to Employer procedures.
5. Work Location
- The primary work location is [Employer Address].
- Option A: Employee may be required to work at multiple locations.
- Option B: Employee may be required to participate in off-site catering assignments.
6. Work Hours & Overtime
- Employee's standard work week is [Number] hours per week.
- The shift schedule is: [Specify Schedule, e.g., rotating, fixed].
- Overtime will be compensated at 1.5 times the regular rate for hours worked over 40 in a workweek, as required by Maine law.
- Employee must accurately record all work hours.
- Meal and rest breaks will be scheduled according to Maine law (mandatory 30-minute break after 6 consecutive hours).
7. Compensation & Payment
- Employee's hourly wage is [Dollar Amount] per hour.
- The pay cycle is:
- Option A: Weekly
- Option B: Bi-weekly
- Payment will be made via:
- Option A: Direct deposit
- Option B: Check
- Wage deductions will be made in accordance with Maine law.
- Option A: Employee is eligible for tips, and tip credits will be declared according to Maine law.
- Option B: Employee is not eligible for tips.
8. Benefits
- Option A: Employee is eligible for health insurance per ACA threshold.
- Option B: Employee is not eligible for health insurance.
- The following benefits are offered:
- Dental insurance: [Yes/No]
- Vision insurance: [Yes/No]
- Employer-provided/subsidized meals: [Yes/No, specify details]
- Retirement/PERK plan: [Yes/No, specify details]
- Paid vacation: [Specify policy]
- Maine Earned Paid Leave/Sick Leave: At least 1 hour for every 40 hours worked in accordance with 26 M.R.S.A. § 637
- Holiday pay: [Specify holidays]
- Uniform/footwear allowance: [Specify amount and frequency]
- Professional development/ServSafe re-certification reimbursement: [Specify policy]
- Tips/gratuities: [Specify policy - pooling, distribution]
9. Tax Withholdings
- Federal and Maine state taxes will be withheld from Employee's wages.
10. Intellectual Property
- All recipes created or modified during employment are the property of Employer.
- Employee is prohibited from using Employer's menu or proprietary processes outside of employment.
- Employee shall maintain the confidentiality of kitchen operations, supplier information, and unique preparation methods. This obligation survives termination of employment.
11. Code of Conduct
- Employee must comply with all Employer and Maine-specific workplace policies.
- Substance abuse is strictly prohibited.
- Employee must adhere to all health department standards and maintain a clean and sanitary work environment.
- Punctual attendance, proper uniform/hygiene, and respectful team interaction are required.
- Employee must immediately report any accidents, injuries, or food-safety incidents.
12. Anti-Discrimination & Equal Employment Opportunity
Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, or genetic information, as protected by the Maine Human Rights Act. Harassment of any kind is prohibited. Employees can reference company complaint procedures and State handling options.
13. Probation/Training Period
- Option A: There is a [Number]-day probationary period.
- Option B: There is no probationary period.
- During the probationary period, Employer will evaluate Employee's performance.
- Employee may be required to complete mandatory training on workplace safety and food sanitation.
14. Termination
- Option A: Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice.
- Option B: Termination requires [Number] days' notice by either party.
- Final wage payment will be made on the next regular payday or within two weeks, whichever is sooner, as required by Maine law.
- Severance pay: [Specify policy, if any]
- Immediate termination may result from gross misconduct, health code violations, or intoxication.
- Employee must return all Employer property upon termination.
- Employee's eligibility for unemployment benefits will be determined by the Maine Department of Labor.
15. Non-Compete/Non-Solicitation
Note: Maine law generally prohibits non-compete agreements for employees earning less than 400% of the federal poverty level. Any restrictions must be narrowly tailored and reasonable. Given the cook position, restrictions are unlikely enforceable unless highly specialized or managerial in nature.
- Option A: There is no non-compete or non-solicitation agreement.
- Option B: Employee agrees not to solicit Employer's clients or employees for a period of [Number] months after termination. (Highly scrutinized under Maine law.)
16. Non-Disclosure
Employee agrees not to disclose Employer's recipes, supplier contacts, or kitchen efficiency methods. This obligation survives termination of employment and must be not unreasonably broad per Maine law.
17. Worker's Compensation
Employee is covered by Employer's worker's compensation insurance as required by the Maine Workers' Compensation Act. Employee must immediately report any on-the-job injuries.
18. Occupational Health & Safety
Employer complies with all applicable Maine state and municipal health and safety requirements. Employee must follow procedures for reporting kitchen accidents or fires and participate in regular safety drills.
19. Grievance & Dispute Resolution
Employer encourages internal resolution of any grievances. In the event of a dispute, the parties agree to attempt voluntary mediation. This Agreement shall be governed by and construed in accordance with the laws of the State of Maine. Venue for any legal action shall be [County] County, Maine.
20. Performance Evaluations & Advancement
- Employee will receive periodic performance evaluations.
- Promotion prospects for Cooks: [Specify details]
Signed this [Day] day of [Month], [Year].
____________________________
[Employer Legal Entity Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
Contact Details: [Phone Number], [Email Address]
____________________________
[Employee Name]
Contact Details: [Phone Number], [Email Address]