Mississippi restaurant server employment contract template

Mississippi Restaurant Server Employment Contract

This Full-Time Restaurant Server Employment Contract (the "Agreement") is made and entered into as of [Date], by and between:

• [Restaurant Name], a [State] [Entity Type] with its principal place of business at [Restaurant Address], Mississippi ("Employer"), and
• [Employee Name], residing at [Employee Address], [Employee City], Mississippi [Employee Zip Code] ("Employee").

1. Position and Responsibilities

• The Employer hires Employee as a Full-Time Restaurant Server.
• Employee’s responsibilities include, but are not limited to:
• Greeting and seating guests.
• Explaining menu items and daily specials.
• Taking accurate food and beverage orders.
• Serving meals and beverages promptly and courteously.
• Monitoring guest satisfaction and addressing concerns.
• Operating the POS system to process orders and payments.
• Processing payments including cash, credit cards, and tips.
• Cleaning and resetting tables efficiently.
• Communicating effectively with kitchen and bar staff.
• Upholding food safety and cleanliness standards.
• Complying with all local health regulations and internal procedures.

2. Reporting and Teamwork

• Employee reports to [Shift Manager Name/Restaurant Supervisor Name].
• Employee is expected to work cooperatively with kitchen, bar, and other service staff.

3. Work Location

• Employee's primary work location is [Restaurant Address], Mississippi.
• Option A: Employee may be required to work at other locations as needed.
• Option B: Employee may be required to assist during catered events or provide shift coverage.

4. Work Schedule and Breaks

• Employment is full-time, averaging [Number] hours per week.
• Employee's standard shifts are [Days of the Week] from [Start Time] to [End Time].
• Employee is required to be available for nights, weekends, and holidays.
• Option A: Employee will be provided with a [Duration] minute meal break.
• Option B: Employee will be provided with [Number] rest breaks of [Duration] minutes each.
• Option C: Under Mississippi law, breaks are not required. While the Employer provides no breaks, the employee may use the restroom or drink water as required.

5. Compensation and Tips

• Employee's hourly base wage is [Dollar Amount].
• The Employer utilizes a tip credit of [Dollar Amount] per hour, if applicable, in accordance with Mississippi and federal law.
• Option A: Tips are the sole property of the Employee.
• Option B: A tip pool/sharing arrangement exists as follows: [Description of Tip Pool/Sharing Arrangement].
• Overtime pay will be paid at 1.5 times the regular rate for hours worked over 40 in a workweek.
• Employee will be paid [Frequency of Payment] via [Method of Payment].

6. Timekeeping

• Employee is responsible for accurately tracking hours worked using the designated timekeeping system.
• Employee must clock in and out at the beginning and end of each shift, and for any meal breaks.
• Any discrepancies in reported hours must be reported to [Manager/Supervisor] immediately.

7. Uniforms and Dress Code

• Option A: Employer provides uniforms. Employee is responsible for maintaining the cleanliness of the uniform.
• Option B: Employee is responsible for providing their own uniform as per the dress code outlined in [Document Name].
• Option C: Employer provides a uniform maintenance allowance of [Dollar Amount] per [Pay Period].
• Personal hygiene standards must be maintained at all times.

8. Benefits

• Option A: Employee is eligible for health insurance as outlined in the benefits summary.
• Option B: Employee is eligible for dental and vision insurance as outlined in the benefits summary.
• Option C: Employee receives a [Percentage]% discount on meals during scheduled shifts.
• Option D: Employee is eligible for paid leave as detailed in the employee handbook.
• Option E: Employee is not currently eligible for any additional benefits.

9. Leave

• Option A: Employee accrues sick leave at a rate of [Number] hours per [Pay Period].
• Option B: Employee accrues vacation time at a rate of [Number] hours per [Pay Period].
• Option C: The Employer does not offer paid sick leave or vacation time.
• Holiday pay policies are outlined in the employee handbook.

10. Training and Certifications

• Employee is required to complete the following training: [List of Required Training].
• Employee is responsible for obtaining and maintaining the following certifications: [List of Required Certifications].
• Option A: The Employer will cover the cost of initial training and certifications.
• Option B: Employee is responsible for the cost of training and certifications.
• Renewal of certifications is the responsibility of the [Employer/Employee].

11. At-Will Employment

• Employment is "at-will," meaning that both the Employee and Employer may terminate the employment relationship at any time, with or without cause or advance notice.
• Option A: Employee is required to provide [Number] days' notice of resignation.
• Resignation should be submitted to [Manager/Supervisor] in writing.
• The Employer reserves the right to take disciplinary action, up to and including termination.

12. Final Paycheck and Return of Property

• Upon termination, Employee will receive their final paycheck on the next regularly scheduled payday.
• Employee must return all Employer property, including uniforms, keys, and POS devices, upon termination.

13. Anti-Discrimination and Harassment

• The Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic under Mississippi and federal law.
• The Employer has a zero-tolerance policy for harassment of any kind.
• Any concerns regarding discrimination or harassment should be reported immediately to [Manager/HR Contact].

14. Health, Safety, and Sanitation

• Employee must comply with all applicable health, safety, and sanitation regulations.
• Employee must report any illnesses or accidents to [Manager/Supervisor] immediately.
• The Employer maintains workers' compensation insurance coverage.

15. Cash, Credit Card, and Gratuity Handling

• Employee is responsible for accurately handling cash, credit card, and gratuity transactions.
• Tips are the property of the Employee, subject to any applicable tip pooling arrangements.
• The Employer prohibits unlawful deductions from tips.
• Employee must comply with the Mississippi Department of Revenue's requirements for reporting gratuities when serving alcohol.

16. Employee Conduct

• Employee must maintain a professional and courteous demeanor towards guests and colleagues.
• Harassment, intoxication, and consumption of restaurant products without permission are prohibited.
• Cell phone use and personal visitors are restricted during work hours.
• Employee is responsible for the safekeeping of customer property.

17. Outside Employment

• Option A: Employee must disclose any outside employment to the Employer.
• Option B: Employee is prohibited from working for competing establishments without prior written consent.
• Employee is prohibited from soliciting customers on behalf of other businesses.

18. Confidentiality

• Employee must maintain the confidentiality of customer information, proprietary recipes, supplier details, and business operations.

19. Non-Solicitation/Non-Compete

• Option A: Employee is prohibited from soliciting employees or customers for a period of [Number] months following termination.
• Option B: Employee agrees not to work for a competing establishment within a [Number] mile radius for a period of [Number] months following termination. (Note: Enforceability of non-competes in Mississippi depends on reasonableness.)
• Option C: No Non-Solicitation or Non-Compete agreement is in place.

20. Dispute Resolution

• Any concerns or disputes should be raised to [Manager/Supervisor] initially.
• The Employer offers internal mediation as a means of resolving disputes.
• Option A: Any disputes arising under this Agreement shall be resolved through binding arbitration in Mississippi.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi.

21. Social Media

• Employee must adhere to the Employer's social media policy.
• Employee is prohibited from posting unauthorized information about customers or internal matters.

22. Licensing and Permits

• Employee is responsible for maintaining all required licenses and permits, including [List of Required Licenses and Permits].

23. Employee Handbook and Policies

• Employee must comply with the Employer's employee handbook, policies, and code of conduct.
• The most recent edition of the employee handbook is available [Location].

24. Addenda

• Option A: [Local/State Addendum] is attached to and incorporated into this Agreement.
• Option B: No addenda are attached.

By signing below, both parties acknowledge that they have read, understood, and agree to the terms and conditions of this Mississippi Restaurant Server Employment Contract.

____________________________
[Restaurant Representative Name], Employer Representative

____________________________
[Employee Name], Employee

Date: [Date]