Michigan chef employment contract template
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How Michigan chef employment contract Differ from Other States
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Michigan’s employment laws prohibit non-compete clauses for most employees, making them unenforceable in chef contracts.
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Michigan's at-will employment doctrine means chefs can generally be terminated without cause unless the contract states otherwise.
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State law in Michigan mandates specific meal and rest break regulations, differing from some states with less strict requirements.
Frequently Asked Questions (FAQ)
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Q: Does the Michigan chef employment contract require a non-compete clause?
A: No, due to Michigan's recent legal changes, non-compete clauses are not enforceable for most chef positions.
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Q: Are paid meal breaks required in Michigan chef employment contracts?
A: Michigan law doesn't require paid meal breaks, but it does mandate certain unpaid break periods for longer shifts.
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Q: Can a Michigan chef be terminated without cause?
A: Yes, unless otherwise specified in the contract, Michigan follows at-will employment, allowing termination without cause.
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Michigan Chef Employment Contract
This Michigan Chef Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Name], located at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).
1. Position and Classification
- Position: Chef
- Classification: Full-Time
- Option A: Exempt (Salaried)
- Option B: Non-Exempt (Hourly)
- Worksite Location(s): [Specific Michigan Location(s)]
- Multi-Location Duties: [Describe if applicable, otherwise state "None"]
2. Job Responsibilities
- Meal Planning and Recipe Development:
- Option A: Responsible for complete meal planning, recipe development, and costing.
- Option B: Collaborate with [Designated Person/Team] on meal planning and recipe development.
- Menu Creation:
- Option A: Responsible for creating seasonal menus, considering dietary needs and restrictions.
- Option B: Work with management to create menus that align with restaurant goals and budget.
- Food Sourcing:
- Option A: Prioritize sourcing local Michigan produce and vendors where applicable and feasible.
- Option B: Source ingredients from approved vendors, adhering to quality and cost standards.
- Kitchen Staff Supervision:
- Option A: Supervise, train, and manage all kitchen staff, including delegation and scheduling.
- Option B: Assist in supervising kitchen staff under the direction of [Designated Person].
- Inventory and Food Safety:
- Option A: Oversee inventory management, ensuring accurate record-keeping and minimizing waste.
- Option B: Maintain accurate food safety logs and ensure compliance with MDARD standards.
- MDARD Compliance: Adhere to Michigan Department of Agriculture & Rural Development (MDARD) food safety standards and licensing requirements.
- Certification:
- Option A: Maintain ServSafe or equivalent food handler certification as required by Michigan law. Employer will cover renewal fees.
- Option B: Maintain ServSafe or equivalent food handler certification. Employee is responsible for renewal fees.
- Allergen Management: Implement and enforce allergen management protocols as mandated by state and local health authorities.
- Equipment Maintenance: Ensure proper operation, safety, and maintenance of all kitchen equipment.
- Food Storage: Maintain strict oversight of safe food storage temperatures per Michigan code.
- Sanitation: Lead kitchen sanitation and workplace cleanliness efforts.
- Inspections: Participate in MDARD or local health department inspections.
- Public Health: Comply with public health emergency measures (e.g., pandemic-related protocols) specific to Michigan legislation.
3. Experience and Certifications
- Required Experience: [Number] years of experience as a Chef or equivalent role.
- Required Certifications: ServSafe or equivalent Food Safety Manager certification.
- Training: [Specify any required training, e.g., specific culinary techniques]
4. Reporting and Supervision
- Direct Reporting: Reports directly to [Job Title, e.g., General Manager, Restaurant Owner].
- Supervisory Responsibilities:
- Option A: Responsible for delegating tasks, training, evaluating, and disciplining kitchen staff.
- Option B: Assist with delegation, training, evaluation, and disciplinary actions under the direction of [Designated Person].
- Child Labor: Adhere to all state and local child labor regulations if minors are employed.
5. Scheduling
- Typical Schedule: [Days of the week and hours]
- Overtime: Overtime may be required and will be compensated in accordance with Michigan law.
- Weekend/Night/Holiday Shifts: Requires availability for weekend, night, and holiday shifts as needed.
- Split Shifts: [State policy on split shifts, e.g., Split shifts may be required.]
- Breaks: [State policy on meal/rest breaks. Note: Michigan law does not require meal breaks, but employer policy may.]
- On-Call: [State policy on on-call expectations, if applicable.]
- Schedule Changes: Management will provide [Number] days' notice of schedule changes, where possible.
6. Compensation
- Wage:
- Option A: Annual Salary: [Amount]
- Option B: Hourly Wage: [Amount] per hour.
- Holiday/Peak Rate: [If applicable, specify rate increase for holidays or peak times]
- Payroll Frequency: [e.g., Bi-weekly, Semi-monthly]
- Method of Payment: [e.g., Direct Deposit, Check]
- Overtime Calculation: Overtime will be calculated at 1.5 times the regular hourly rate for hours worked over 40 in a workweek, in accordance with Michigan law.
- Performance Bonus: [Describe eligibility and criteria for performance bonuses, if any.]
- Tips/Gratuities:
- Option A: Employee is eligible to participate in a tip pooling arrangement. [Describe the arrangement.]
- Option B: No tip pooling arrangement.
- Payroll Deductions: All required payroll deductions will be withheld, including federal and state income taxes, Social Security, and Medicare.
7. Benefits
- Health Insurance: [Describe health insurance plan eligibility and coverage.]
- Dental Insurance: [Describe dental insurance plan eligibility and coverage.]
- Vision Insurance: [Describe vision insurance plan eligibility and coverage.]
- Paid Time Off (PTO):
- Option A: [Number] days of PTO per year, including vacation and sick leave.
- Option B: Vacation: [Number] days per year. Sick Leave: Compliance with Michigan Paid Medical Leave Act.
- Holidays: [List paid holidays, if any.]
- Retirement Plan: [Describe retirement plan options, if any.]
- Staff Meals: [Describe staff meal policy, e.g., one complimentary meal per shift.]
- Uniforms:
- Option A: Employer provides and launders chef attire, including safety footwear.
- Option B: Employee provides and maintains their own chef attire, subject to employer standards.
- Continuing Education: [Describe any reimbursement for culinary training or professional education.]
- Parking/Transport: [Describe any parking or transport allowances.]
- Relocation Assistance: [Describe any relocation assistance offered, if applicable.]
8. Intellectual Property
- Ownership: All newly developed menus, proprietary recipes, and operational procedures created during employment are the sole property of the Employer.
- Restrictions: Employee agrees not to disclose or use any of the Employer's intellectual property without prior written consent, during or after employment.
9. Confidentiality
- Obligations: Employee shall maintain strict confidentiality regarding recipes, supply chain contacts, sourcing strategies, pricing, customer data, and any proprietary culinary or operational processes.
- Duration: This confidentiality obligation extends both during and after the term of employment.
10. Outside Employment
- Policy:
- Option A: Employee must obtain written employer approval before engaging in any outside employment or consulting (e.g., catering, food festivals, classes).
- Option B: Employee is permitted to engage in outside employment, provided it does not conflict with their duties to the Employer.
11. Anti-Harassment and Equal Opportunity
- Commitment: Employer is committed to providing a workplace free of harassment and discrimination and adheres to all Michigan and federal equal opportunity laws, including protection based on race, sex, religion, national origin, disability, age, marital status, sexual orientation, gender identity, veteran status, and other protected categories.
12. Workplace Safety
- MIOSHA Compliance: Employer complies with all Michigan Occupational Safety and Health Administration (MIOSHA) requirements.
- Training: Employee will participate in mandatory safety and sanitation training.
- Reporting: Employee must report all accidents and injuries immediately.
- PPE: Employee must use required Personal Protective Equipment (PPE).
13. Alcohol Handling (If Applicable)
- Policy: [Describe alcohol handling and service policies, if applicable.]
- Training: [If applicable, state requirement for Michigan server/seller training.]
14. Behavioral Standards
- Substance Abuse: Zero tolerance for intoxication or substance abuse while on duty.
- Food Waste: Employee must minimize food waste.
- Customer Complaints: Employee must handle customer complaints and allergy requests professionally.
- Compliance: Employee must observe all local fire, health, and safety codes.
15. Job Performance Evaluation and Discipline
- Frequency: Performance will be evaluated [Frequency, e.g., annually, bi-annually].
- Criteria: Evaluations will be based on [List criteria, e.g., quality of food, team leadership, adherence to standards].
- Discipline: Employer follows a progressive discipline policy, which may include verbal warnings, written warnings, suspension, and termination.
16. Termination
- Voluntary Resignation: Employee must provide [Number] weeks' written notice of resignation.
- Employer Termination: Employer may terminate employment at any time, with or without cause, subject to applicable laws.
- Immediate Dismissal: Grounds for immediate dismissal include gross misconduct, violating public health laws, endangering safety, theft of product, or willful neglect.
- Non-Compete/Non-Solicitation: [If applicable, specify the terms of any non-compete/non-solicitation agreement. Note: Michigan law requires these to be limited in scope, duration, and geographic area and only for protection of legitimate business interests.]
- Final Wage Payment: Final wage payment, including accrued PTO, will be made in accordance with Michigan law.
- Return of Property: Employee must return all employer property, including uniforms, upon termination.
17. Dispute Resolution
- Internal Resolution: Parties agree to attempt to resolve any disputes internally in good faith.
- Mediation/Arbitration: If internal resolution fails, disputes may be submitted to mediation or arbitration in accordance with Michigan rules.
- Venue and Choice of Law: Venue for any legal action shall be in Michigan, and Michigan law shall govern this Agreement.
18. Workers' Compensation
- Compliance: Employer complies with Michigan workers' compensation laws.
- Reporting: Employee must report any on-the-job injury immediately.
19. Compliance with Laws
- Labor Laws: Employer complies with all applicable Michigan and federal labor laws.
- Immigration: Employee must provide documentation establishing eligibility to work in the United States, as required by law.
20. Union Status
- Option A: This is a non-union position.
- Option B: This position is subject to the terms and conditions of the collective bargaining agreement between [Union Name] and the Employer.
21. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Employee acknowledges that they have had the opportunity to review this Agreement and seek legal counsel if desired.
____________________________
[Employer Name]
By: ____________________________
[Employer Representative Name]
Title: [Employer Representative Title]
Date: ____________________________
____________________________
[Employee Name]
Date: ____________________________