Montana HR assistant employment contract template

Montana HR Assistant Employment Contract

This Montana HR Assistant Employment Contract (the “Agreement”) is made and effective as of [Date] by and between [Company Legal Name], a [State] [Business Structure, e.g., Corporation], with its principal place of business at [Company Montana Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).

1. Position:

• The Employer hires the Employee as a full-time HR Assistant.
• Option A: The Employee’s primary responsibilities will include, but are not limited to:
  • Supporting recruitment and onboarding processes.
  • Maintaining confidential HR files and employee records.
  • Administering attendance, leave, and benefits.
  • Preparing HR reports specific to Montana compliance.
  • Assisting with payroll data entry, timekeeping, and wage reporting in accordance with Montana labor laws.
  • Conducting new hire orientations emphasizing state and federal notice requirements.
  • Supporting investigations of workplace conduct.
  • Processing required notices for workplace rights.
  • Managing compliance with Montana Human Rights Act, including anti-discrimination, equal opportunity, and disability accommodation procedures.
  • Tracking mandatory training and recordkeeping.
  • Assisting with background checks and employment eligibility verification (I-9/Work Authorization).
  • Administering workplace safety and workers’ compensation reporting in compliance with Montana’s statutes.
  • Serving as a resource for employee questions on Montana-specific statutory leaves such as military family leave, voting leave, and domestic violence leave.
  • Actively participating in HR policy development and updates to Montana Employee Handbooks.
• Option B: (Detailed Job Description Attached as Exhibit A)

2. Reporting and Supervision:

• The Employee will report directly to the [HR Manager Title].
• Option A: The [HR Manager Title] will provide guidance, direction, and performance feedback.
• Option B: Escalation procedures for unresolved issues are as follows: 1) [HR Manager Title], 2) [Director Title].

3. Work Location:

• The Employee’s primary work location will be [Company Montana Address].
• Option A: Remote/Hybrid Work: The Employee may perform some duties remotely subject to Employer’s remote work policy, with adherence to Montana wage and hour laws. A secure workspace is required.
• Option B: This position is 100% on-site.

4. Employment Status and Hours:

• The Employee is a full-time employee.
• The Employee will work a minimum of 40 hours per week.
• Option A: The typical work schedule is [Days of the week] from [Start Time] to [End Time].
• Option B: The schedule may be adjusted with prior approval from the [HR Manager Title].
• Montana Overtime: Employee will be eligible for overtime pay at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.
• Meal and Rest Breaks: Employee is entitled to meal and rest breaks as required by Montana law (MCA 39-2-107), and will accurately record time worked using [Timekeeping System].

5. Compensation:

• The Employee's base salary will be [Salary Amount] per year or [Hourly Wage] per hour.
• The Employee will be paid [Payment Frequency, e.g., bi-weekly], in accordance with Montana’s payday law.
• Option A: The Employee is eligible for overtime pay as required by Montana law.
• Option B: The Employee is not eligible for overtime pay due to being an exempt employee under the FLSA.
• Deductions: All legally required payroll deductions will be withheld.
• Option A: Bonus/Incentive: The Employee may be eligible for a discretionary bonus based on performance.

6. Benefits:

• The Employee will be eligible for the following benefits:
  • Health, dental, and vision insurance: Subject to eligibility requirements.
  • Paid time off: Vacation, sick leave, and personal leave as per company policy.
  • State and Federal Holidays: As observed by the Employer.
  • Family and Medical Leave: Consistent with FMLA and applicable Montana law.
  • Option A: Retirement Plan: Enrollment in the company’s [Retirement Plan Name, e.g., 401(k)] plan is available after meeting eligibility requirements.
  • Option B: No retirement plan is currently offered.
  • Employee Assistance Program: Access to the company’s EAP.
  • Training and Education Reimbursement: Subject to Employer approval and budget.
  • Workers’ Compensation: Coverage in accordance with Montana law.

7. Confidentiality:

• The Employee acknowledges that during employment, they will have access to confidential information.
• The Employee agrees to:
  • Safeguard sensitive employee information, payroll data, background checks, and health information.
  • Prohibit unauthorized disclosure of confidential information during and after employment.
  • Maintain strict confidentiality regarding company HR strategies, investigations, or disciplinary actions.
• The Employee will return or destroy all confidential information upon termination of employment.

8. Proprietary Information:

• All HR documents, policies, handbooks, and templates are the Employer’s proprietary information.
• Upon termination, the Employee will return all such materials and securely delete electronic copies.

9. Compliance with Laws:

• The Employee will comply with all federal and Montana employment laws.
• This includes, but is not limited to, the Montana Human Rights Act, Montana Wage Protection Act, unemployment compensation rules, FLSA, FMLA, EEO, and ADA.
• The Employee will adhere to workplace anti-discrimination, anti-harassment, and reasonable accommodation procedures.

10. HRIS and Data Security:

• The Employee understands and will adhere to company policies on use of HRIS and payroll systems.
• The Employee will ensure secure handling of electronic employee records, email, and information.

11. Conduct and Professionalism:

• The Employee will maintain impartiality, respect confidentiality, and handle complaints appropriately.
• The Employee will comply with Montana’s retaliation and whistleblower protections.

12. Social Media and Communication:

• The Employee will not discuss internal HR matters publicly on social media or other external communication channels.

13. At-Will Employment:

• The employment relationship is at-will, meaning either party may terminate the relationship at any time, with or without cause, subject to Montana wrongful discharge laws.
• Option A: Probationary Period: The Employee will serve a probationary period of [Number] months.
• Option B: No probationary period will apply.
• Termination: Following the probationary period, termination will be subject to Montana wrongful discharge laws, including requirements for written notice.

14. Exit Procedures:

• Upon termination, the Employee will:
  • Return all company property.
  • Revoke access to HR systems.
  • Certify the destruction or return of confidential materials.
  • Participate in an exit interview.

15. Dispute Resolution:

• The Employer prefers internal resolution of disputes.
• Option A: Mediation/Arbitration: Any disputes arising out of this Agreement shall be resolved through [Mediation/Arbitration] in [City, Montana].
• Option B: Disputes will be settled in the courts of [County] County, Montana.
• Choice of Law: This Agreement shall be governed by the laws of the State of Montana.

16. Workplace Safety:

• The Employer complies with Montana Occupational Safety and Health requirements.
• The Employee will report workplace injuries and has access to employer-sponsored wellness programs.

17. Training:

• The Employee will participate in regular training on legal updates, confidentiality, workplace harassment prevention, and Montana-specific compliance topics.

18. Eligibility to Work:

• The Employee confirms they are eligible to work in the U.S. and will complete Form I-9.
• Option A: The Employer participates in E-Verify.

19. Outside Employment:

• The Employee will not engage in outside employment or consulting in HR without the Employer’s prior written consent.

20. Non-Solicitation/Non-Competition:

• Option A: Non-Solicitation: During employment and for [Number] months after termination, the Employee will not solicit the Employer's employees or customers.
• Option B: Non-Compete: Employee shall not work for a direct competitor within [Geographic Scope] for a period of [Number] months after termination. (NOTE: Montana law heavily restricts the enforceability of non-compete agreements.)
• Option C: No Non-Solicitation/Non-Competition agreement.

21. Amendment:

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

22. Severability:

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

23. Entire Agreement:

• This Agreement constitutes the entire agreement between the parties relating to the employment of the Employee as HR Assistant, and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

24. Waiver:

• No waiver of any provision of this Agreement will be effective unless in writing and signed by the waiving party.

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

_______________________________

[Employer Representative Name], [Employer Representative Title]

[Company Legal Name]

_______________________________

[Employee Full Legal Name]