Montana cook employment contract template

Montana Full-Time Cook Employment Agreement

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

• [Employer Legal Name], a [Employer Entity Type, e.g., Montana Corporation], with its principal place of business at [Employer Address], hereinafter referred to as "Employer,"
• and
• [Employee Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

Employer and Employee agree as follows:

1. Employment

• The Employer hires the Employee as a full-time Cook.
• Option A: The Employee’s primary work location will be at [Workplace Location], Montana.
• Option B: The Employee may be required to work at multiple Employer or client facilities located in Montana, as directed by the Employer.

2. Job Responsibilities

• The Employee will perform all duties customarily associated with the position of Cook, including but not limited to:
• Food preparation including chopping, slicing, mixing, and assembling ingredients.
• Grilling, baking, frying, broiling, and other specific culinary techniques as required by the position.
• Ensuring food safety and sanitation per all applicable Montana Department of Public Health and Human Services (DPHHS) food code requirements.
• Menu preparation and execution as directed by the Chef or Kitchen Manager.
• Portion control, ensuring consistency and minimizing waste.
• Food inventory management and proper storage, including labeling and dating.
• Cleaning and maintenance of kitchen equipment and work areas.
• Strict compliance with allergy and cross-contamination protocols.
• Adherence to specific Employer recipes, plating standards, and special event requirements.

3. Required Certifications and Licensing

• The Employee must possess a valid [Specify Required Certification, e.g., Montana Food Handler’s Permit or ServSafe certification] and maintain it throughout the term of employment.
• Option A: The Employer will reimburse the Employee for the cost of obtaining and maintaining the required certification.
• Option B: The Employee is responsible for all costs associated with obtaining and maintaining the required certification.

4. Work Hours

• The Employee’s standard work hours will be [Number] hours per week.
• Option A: The Employee’s typical shift pattern will be [Specific Shift Schedule].
• Option B: The Employee may be required to work on-call or split shifts as needed.
• The Employee will be provided with rest and meal breaks in accordance with Montana law and Employer policy.
• [Specific Break Rules, e.g., a 30-minute unpaid meal break and two 15-minute paid rest breaks per 8-hour shift].

5. Overtime Pay

• The Employee will be paid overtime at a rate of one and one-half (1.5) times their regular rate of pay for all hours worked over forty (40) in a workweek, in accordance with Montana and federal Fair Labor Standards Act (FLSA) provisions.
• Overtime must be authorized in advance by the [Designated Authority, e.g., Chef or Kitchen Manager].
• Overtime will be calculated and paid in accordance with Employer's payroll procedures.

6. Compensation

• The Employee will be compensated at a rate of [Dollar Amount] per [Hour/Year].
• The Employee will be paid [Pay Frequency, e.g., biweekly or monthly] via [Payment Method, e.g., direct deposit or paycheck].
• Option A: The Employee is eligible for tip pooling or distribution as determined by the Employer.
• Option B: The Employee is not eligible for tip pooling.
• Option A: The Employee is eligible for a bonus, incentive, or per-shift premium pay for special duties/holidays, as outlined in the Employer's compensation policy.
• Option B: The Employee is not eligible for a bonus, incentive, or per-shift premium pay for special duties/holidays.

7. Benefits

• The Employee is eligible for the following benefits, subject to the terms and conditions of the Employer’s benefit plans:
• Option A: Health, dental, and vision insurance, with eligibility after [Waiting Period]. Employee’s cost share is [Percentage or Dollar Amount].
• Option B: No health insurance offered.
• Option A: Access to a Montana-based retirement plan such as a SIMPLE IRA or 401(k), subject to plan eligibility requirements.
• Option B: No retirement plan offered.
• Paid time off (PTO) will accrue at a rate of [Accrual Rate, e.g., 1 hour for every 30 hours worked], for vacation, sick leave, and personal time.
• The Employee is eligible for paid Montana statutory holidays, as designated by the Employer.
• Requests for leave during busy periods are subject to Employer approval.

8. Uniforms

• The Employer will provide the following uniform items: [List of Provided Items].
• The Employee is responsible for providing the following uniform items: [List of Employee-Provided Items].
• Option A: The Employer will reimburse the Employee for the cost of required uniform items, subject to Employer policy and Montana law.
• Option B: The Employer will not reimburse the Employee for the cost of required uniform items.
• The Employee is responsible for laundering and maintaining their uniform in a clean and presentable condition.

9. Reporting Structure

• The Employee will report directly to [Direct Supervisor, e.g., Chef or Kitchen Manager].
• The chain of command for day-to-day operations is as follows: [Describe Chain of Command].
• Any complaints or concerns should be escalated according to the Employer's established procedures.

10. Job Performance Expectations

• The Employee is expected to meet the following performance standards:
• Maintain high plating standards and ticket times.
• Work effectively as part of a kitchen brigade team.
• Maintain kitchen readiness for health inspections.
• Adapt to seasonal menus and changes in recipes.
• Demonstrate the physical ability to perform the essential functions of the job, including prolonged standing, lifting [Weight Limit], and working in a hot environment with sharp instruments.

11. Workplace Safety

• The Employee will adhere to all Montana Occupational Safety and Health Standards (Montana OSHA) for restaurants and food service.
• The Employee will use personal protective equipment as required.
• The Employee will participate in fire prevention and safety training as provided by the Employer.
• The Employee will report any workplace injuries immediately to their supervisor and follow the Employer’s procedures for reporting and filing a workers' compensation claim in accordance with Montana Department of Labor and Industry Workers’ Compensation statutes.

12. Non-Discrimination and Anti-Harassment

• The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, marital status, veteran status, or any other characteristic protected by Montana law.
• The Employer prohibits harassment of any kind and will not tolerate retaliation against any employee who reports discrimination or harassment.

13. Confidentiality

• The Employee acknowledges that they may have access to confidential information regarding the Employer’s recipes, proprietary processes, supplier lists, customer data, and other trade secrets.
• The Employee agrees to maintain the confidentiality of such information during and after their employment with the Employer.

14. Outside Employment

• The Employee may not engage in outside employment that creates a conflict of interest with the Employer's business.
• The Employee may not work for a direct competitor of the Employer during their employment.

15. Behavioral and Hygiene Standards

• The Employee will adhere to the following behavioral and hygiene standards:
• The Employee will not use or be under the influence of alcohol or illegal drugs while on duty.
• The Employee will wash their hands frequently and thoroughly.
• The Employee will maintain a high standard of personal hygiene, including clean grooming and fingernails.
• The Employee will comply with jewelry restrictions and other requirements as outlined in the Employer's kitchen code of conduct and DPHHS regulations.

16. Termination

• The Employee’s employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to any applicable Montana law.
• Option A: If the Employee voluntarily resigns, they will provide the Employer with [Number] weeks’ written notice.
• Option B: No prior notice required for voluntary resignation.
• Upon termination, the Employee will receive their final pay in accordance with Montana law [Specify timeframe for final pay, e.g., within 72 hours or at the next regularly scheduled payday].
• The Employee will return all Employer property, including keys, uniforms, and tools, upon termination.
• The Employer will provide the Employee with a reference or information on record retention as requested and allowed by law.

17. Dispute Resolution

• The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through informal discussions.
• If informal discussions are unsuccessful, the parties agree to utilize the Employer’s internal complaint procedures.
• Option A: If internal procedures are unsuccessful, the parties agree to submit the dispute to mediation or arbitration in accordance with Montana law.
• Option B: The parties reserve all rights to pursue legal remedies as permitted by law.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Montana. The venue for any legal action relating to this Agreement shall be [County Name] County, Montana.

18. Employee Handbook

• The Employee acknowledges receipt of the Employer’s employee handbook (if applicable).
• The Employee agrees to comply with all policies and procedures outlined in the handbook, as may be updated from time to time.
• The Employer will provide written notice of any changes to the handbook. The employee acknowledges by signature that they have received this notification and understand that continued employment is dependent on the employee's agreement to comply with these and any other workplace rule changes.

19. Medical Examinations and Illness Reporting

• Option A: The Employee is required to undergo a medical examination, including a [Specify Examination, e.g., tuberculosis test], prior to commencing employment.
• Option B: No medical exam required.
• The Employee will notify the Employer immediately if they have a contagious illness.

20. Tip Allocation

• Option A: Tips are pooled and distributed among kitchen staff according to the Employer's tip pooling policy, compliant with Montana law and the federal Tip Credit rules. The employee acknowledges the method of tip allocation as defined in the tip allocation policy.
• Option B: Tips are not pooled. The employees are responsible for keeping and properly reporting their individual tips.

21. Payroll Tax Withholding

• The Employer will withhold and report payroll taxes in accordance with the requirements of the Montana Department of Revenue.

22. Emergency Policy

• The Employee will follow the Employer’s emergency policy in the event of a kitchen evacuation, fire, or foodborne illness outbreak.

23. Wrongful Discharge from Employment Act (WDEA)

• Option A: The parties acknowledge that the Employee's employment may be subject to the Montana Wrongful Discharge from Employment Act (WDEA), depending on the Employer's size and other factors. The WDEA provides certain protections against discharge without good cause after a probationary period.
• Option B: The Employer, because of its size, believes itself to be exempt from the Montana Wrongful Discharge from Employment Act (WDEA).
• The Employer’s probationary period is [Number] months.

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

____________________________
[Employer Representative Name]

[Employer Representative Title]

____________________________
[Employee Legal Name]