Maryland chef employment contract template

Maryland Chef Employment Contract

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

[Employer Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"),

and

[Chef Name], residing at [Chef Address] ("Employee").

1. Position and Location

• The Employer hereby employs the Employee as a [Job Title, e.g., Executive Chef, Sous Chef].
• Option A: The Employee's primary work location will be at [Restaurant Name and Address].
• Option B: The Employee may be required to work at other locations within Maryland, including [List of other potential Maryland locations, e.g., catering events, other restaurant locations].

2. Job Responsibilities

• The Employee shall perform the following duties, consistent with the position of [Job Title]:
  • Menu planning and development, adhering to [Restaurant Name]'s style and customer preferences.
  • Ingredient sourcing and procurement, complying with Maryland Department of Health supplier standards.
  • Food preparation and presentation, ensuring quality and consistency.
  • Kitchen staff supervision and training, including hiring, scheduling, and performance management.
  • Compliance with all Maryland and local county health/sanitation codes (COMAR Title 10).
  • Inventory and cost control, minimizing waste and maximizing profitability.
  • Waste management, adhering to environmental regulations.
  • Maintenance of allergy-safe and special dietary practices.
  • Recordkeeping for food safety and temperature logs as required by Maryland regulations.
  • Responsibility for passing health inspections.
• Reporting Structure: The Employee shall report to [Manager's Title, e.g., General Manager] and work collaboratively with [Other Position, e.g., FOH Manager]. The Employee shall supervise [List of positions supervised, e.g., line cooks, prep cooks, dishwashers].

3. Work Schedule

• The Employee's typical work schedule will be [Description of work schedule, e.g., split shifts, evenings, weekends, holidays].
• Option A: The Employee's minimum expected weekly hours are [Number].
• Option B: The Employee's maximum expected weekly hours are [Number].
• Maryland Meal/Rest Breaks: The Employer will provide meal and rest breaks in compliance with Maryland law.
• On-Call/After-Hours: The Employee may be required to be on-call or work after-hours for events or emergencies. Details regarding availability and compensation will be discussed separately for each event.

4. Compensation

• Option A: The Employee's annual base salary shall be [Dollar Amount], payable [Pay Period, e.g., bi-weekly].
• Option B: The Employee's hourly rate shall be [Dollar Amount], payable [Pay Period, e.g., bi-weekly].
• Overtime: The Employee shall be compensated for overtime hours worked in excess of 40 hours per week at a rate of one and one-half (1.5) times their regular rate of pay, in accordance with Maryland law.
• Bonus/Incentives:
  • Option A: The Employee may be eligible for a bonus based on [Bonus Criteria, e.g., food cost targets, customer satisfaction, event success]. The details of the bonus structure are outlined in Exhibit A.
  • Option B: The Employee is not eligible for any bonus or incentive compensation.
• Gratuities:
  • Option A: The Employee may participate in a tip pool, the distribution of which will be in accordance with Maryland law. Details are outlined in Exhibit B.
  • Option B: The Employee is not eligible to receive or participate in any gratuity sharing.
• Profit Share/Incentives:
  • Option A: The Employee may be eligible for profit sharing based on [Profit Share Criteria]. The details of the profit sharing structure are outlined in Exhibit C.
  • Option B: The Employee is not eligible for profit sharing.

5. Employee Benefits

• Health Insurance:
  • Option A: The Employee is eligible for health, dental, and vision insurance coverage, commencing [Date]. The Employee's contribution to premiums will be [Dollar Amount or Percentage].
  • Option B: The Employee is not eligible for health, dental, or vision insurance coverage at this time.
• Maryland Healthy Working Families Act: The Employee is eligible for Maryland-mandated sick and safe leave, accruing at a rate of [Accrual Rate], with permitted uses and carryover limits as defined by Maryland law.
• Paid Vacation: The Employee is eligible for [Number] days of paid vacation per year, accruing according to Employer policy.
• Holidays: The Employee is eligible for paid time off for the following Maryland state and federal holidays: [List of Holidays].
• 401(k)/Retirement Plan:
  • Option A: The Employee is eligible to participate in the Employer's 401(k) plan, commencing [Date].
  • Option B: The Employee is not eligible to participate in the Employer's 401(k) plan at this time.
• Meal/Accommodation: The Employee is entitled to [Description of meal/accommodation policy, e.g., one complimentary meal per shift].
• Uniform/Clothing Allowance: The Employee will receive a [Dollar Amount] allowance for uniforms or chef's clothing.
• Footwear Reimbursement: The Employee will receive a [Dollar Amount] reimbursement for appropriate footwear.
• Parking/Transit Stipend:
  • Option A: The Employee will receive a [Dollar Amount] stipend for parking or public transit.
  • Option B: No parking/transit stipend is provided.
• Professional Development:
  • Option A: The Employer will provide opportunities for professional development, such as culinary training or ServSafe certification.
  • Option B: Professional development opportunities are not provided.

6. Compliance with Laws and Regulations

• The Employee shall comply with all applicable Maryland state and county food safety requirements, including maintaining a current food handler/manager certification as required.
• The Employee shall participate in kitchen safety and hygiene training.
• The Employee shall report any workplace accidents promptly as per Maryland workers' compensation law.
• The Employee shall participate in public health training (e.g., allergen awareness).

7. Confidentiality and Non-Disclosure

• The Employee agrees to hold confidential the Employer's recipes, methods of preparation, supplier lists, pricing, business plans, customer data, and trade secrets.

8. Intellectual Property

• All recipes, menus, and proprietary culinary work created by the Employee in the course of employment shall be the sole property of the Employer.
• Option A: The Employee must obtain written approval from the Employer before participating in any culinary work, competition, or external consulting.
• Option B: The Employee is not permitted to participate in any culinary work, competition, or external consulting without the explicit written consent of the employer.

9. Non-Compete and Non-Solicitation

• Option A: During the term of employment and for a period of [Number, no more than 12] months following termination, the Employee shall not, within [Geographic Area in Maryland], directly or indirectly, engage in any business that is competitive with the Employer's business. The Employee shall not solicit the Employer's employees or customers during this period. The employee acknowledges that this restriction is necessary to protect the employer's legitimate business interests in its specific geographic market.
• Option B: The employee acknowledges the Employer may have an interest in restricting competition by the employee following termination, but, after careful consideration of Maryland's laws and the facts of this employment, no such restrictions are included in this Agreement.

10. Term and Termination

• Option A: This Agreement shall be for a fixed term of [Number] years, commencing on [Date] and ending on [Date].
• Option B: This is an at-will employment agreement, and either party may terminate the employment relationship at any time, with or without cause and with or without notice, subject to applicable Maryland law.
• Termination Procedures: In the event of termination, the Employee shall provide [Number] days' notice to the Employer. The Employer shall provide the Employee with a final paycheck in accordance with Maryland wage payment laws. Unused leave will be paid out as required by Maryland statute. The Employee shall return all Employer property, including knives, uniforms, and recipes. The Employee shall complete all required health/sanitation documentation.

11. Anti-Discrimination and Equal Opportunity

• The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, gender identity, sexual orientation, religion, age, disability, national origin, marital status, or any other protected characteristic under Maryland or federal law. The Employer maintains a complaint procedure for addressing discrimination and harassment.

12. Behavioral and Professional Standards

• The Employee shall conduct themselves professionally with staff and patrons, maintain high standards of hygiene and grooming, and adhere to guidelines for alcohol service (if applicable). The Employee shall report any violations of state or local alcohol or health laws.

13. Workplace Health and Safety

• The Employee shall comply with all OSHA and Maryland Occupational Safety and Health (MOSH) standards. The Employee shall report any kitchen accidents immediately. The Employee may be required to undergo periodic medical examinations or immunizations (e.g., hepatitis vaccinations) as required by county health department regulations.

14. Dispute Resolution

• This Agreement shall be governed by the laws of the State of Maryland. Any dispute arising out of or relating to this Agreement shall be resolved through negotiation, mediation, or, at the Employer's sole discretion, arbitration, before resorting to litigation. Venue for any legal action shall be in the appropriate court in [County Name] County, Maryland.

15. Eligibility to Work

• The Employee warrants that they are eligible to work in the United States and authorizes the Employer to verify such eligibility through E-Verify, if required by Maryland law.

16. Compliance with Wage and Hour Laws

• The Employer shall comply with Maryland's minimum wage, overtime, and timely payment laws, as well as the Maryland Earned Sick and Safe Leave Act and any applicable local living wage requirements.

17. Unemployment Insurance and Workers' Compensation

• The Employer shall participate in Maryland unemployment insurance and workers' compensation plans, and the Employee acknowledges their rights under these programs.

18. Waiver of Rights

• Nothing in this Agreement shall be construed to waive any rights protected under Maryland wage payment and collection laws.

19. Severability

• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

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

21. Amendment

• This Agreement may be amended only by a written instrument signed by both parties.

22. Notice

• All notices required or permitted under this Agreement shall be in writing and shall be deemed to be duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

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]

[Chef Name]

Signature:

Date: