Montana janitor employment contract template

Montana Janitor Employment Contract

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

• Employer: [Employer Full Legal Name], located at [Employer Address], with contact information: phone [Employer Phone Number], email [Employer Email Address].
• Employee: [Employee Full Legal Name], residing at [Employee Address], with contact information: phone [Employee Phone Number], email [Employee Email Address].

The Employer desires to employ the Employee as a Full-Time Janitor, and the Employee desires to accept such employment, upon the terms and conditions hereinafter set forth.

Position: The Employee is hereby hired as a "Full-Time Janitor".

• Option A: Worksite Location: [Specific Worksite Address in Montana].
• Option B: Multiple Worksite Locations: The Employee may be required to work at various locations within [City/County, Montana], as directed by the Employer.
  • Specify types of properties involved: [Public/Private Properties].
  • Specify if overnight or weekend work is involved: [Yes/No].

Janitorial Duties: The Employee's duties include, but are not limited to:

• Cleaning and sanitizing restrooms, offices, classrooms, and corridors.
• Cleaning windows and floors (sweeping, mopping, vacuuming, buffing, stripping/waxing).
• Safe handling of cleaning chemicals (per OSHA Hazard Communication and Montana’s Right to Know Act requirements).
• Trash removal and supply restocking.
• Basic minor repairs.
• Snow and ice removal from walkways (if applicable).
• Reporting hazardous conditions or damages.
• Use of industrial janitorial equipment (buffers, carpet extractors, ladders).
• Any site-specific protocols for sensitive facilities (e.g., schools, medical).
• Additional Duties: [List any additional duties specific to the role].

Shift Schedule:

• Standard Working Hours: [Number] hours/week.
• Start Time: [Start Time]
• End Time: [End Time]
• Rest/Meal Breaks: [Specify break schedule and whether breaks are paid or unpaid. Note Montana law does not mandate breaks, but paid breaks may be required depending on conditions.]
• Call-Back/Emergency Cleaning Duties: [Specify if call-back duties are required and related compensation.]
• On-Call Expectations: [Specify on-call requirements, if any.]

Full-Time Employment Status & Overtime:

• Full-time employment is defined as generally 40 hours per week.
• Overtime Procedures: Employees may request overtime work according to Company policy.
• Overtime Rate: 1.5 times the regular hourly rate for hours worked over 40 in a workweek.
• Overtime Approval Process: [Specify process for overtime approval, e.g., must be pre-approved by supervisor].

Compensation:

• Hourly Wage: [Dollar Amount] per hour. (Must comply with Montana minimum wage laws.)
• Payment Schedule: [Biweekly/Monthly].
• Method of Payment: [Check/Direct Deposit].
• Wage Deduction Policy: Deductions will be made only as required by law or with the Employee's written consent.
• Compliance with Montana’s Wage Payment Act: Wages will be paid in a timely manner according to Montana law, including final pay upon separation.

Benefits:

• Health Insurance Eligibility: [Specify eligibility requirements and plan details].
• Dental and Vision Plans: [Specify if offered and plan details].
• Paid Vacation Days: [Amount, accrual, carryover policy].
• Paid Sick Leave: [Amount, accrual, carryover policy. Note: Not required by Montana statute, but if offered, must be detailed.]
• Paid/Unpaid Holidays Observed: [List holidays].
• Other Benefits: [Retirement/Pension plan, short/long-term disability, life insurance, employee assistance programs – specify details].

Uniforms/PPE:

• Uniforms/PPE Requirements: [Specify uniform requirements].
• Provision of Uniforms/Tools/Safety Gear: [Specify if provided by employer, and how often].
• Care and Return of Uniforms/Tools/Safety Gear: [Specify employee responsibilities for maintenance and return of items].
• Cleaning and Maintenance Responsibility: [Specify who is responsible for cleaning/maintaining uniforms and who pays for replacement.]

Safe Chemical Usage and OSHA Compliance:

• Responsibilities and Compliance: The Employee is responsible for safe chemical usage, adhering to OSHA Montana safety standards, and Hazard Communication (training on Safety Data Sheets).
• Proper Storage/Disposal of Chemicals: The Employee must follow proper procedures for storage and disposal of chemicals.
• Montana-Specific Requirements: [Include any Montana-specific requirements for handling hazardous materials, e.g., asbestos training/certification if applicable].
• Injury/Accident Reporting Procedures: The Employee must report any injuries or accidents immediately to the supervisor.

Specialized Certifications/Training:

• Required Certifications/Training: [List any required certifications such as bloodborne pathogen, universal precautions if cleaning medical sites, Montana boiler operator’s permit.]
• Responsibility for Renewal Costs: [Specify who is responsible for renewal costs.]

Supervisory Structure:

• Reporting Lines: The Employee reports to [Facilities Manager/Custodian Supervisor Name and Title].
• Site Orientation Requirements: [Describe site orientation requirements.]
• Performance Review Schedule: [Specify performance review schedule, e.g., annually].

Anti-Discrimination, Equal Employment, and Anti-Harassment Policy:

• The Employer complies with the Montana Human Rights Act and prohibits discrimination based on race, color, religion, national origin, sex, age, disability, marital status, or political belief.
• Expectations for Professional Conduct: The Employee is expected to maintain professional conduct at all times.
• Complaint Procedures: [Specify complaint procedures for reporting discrimination or harassment.]

Drug and Alcohol Testing:

• Compliance with Montana’s Drug and Alcohol Testing in the Workplace Act: The Employer has a drug and alcohol testing policy that complies with Montana law.
• Testing Policies: [Specify testing policies: pre-employment, random, or reasonable suspicion.]
• Notice and Consent Procedures: The Employee must receive proper notice and provide consent for any drug or alcohol testing.
• Disciplinary Steps: [Outline disciplinary steps for failed tests.]

Background and Reference Checks:

• Condition of Employment: Employment is conditional upon satisfactory completion of a criminal background check and reference check.
• Fingerprinting: [Specify if fingerprinting is required for work in schools or sensitive locations.]

Employment-At-Will and Wrongful Discharge:

• Employment-At-Will: Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to Montana’s Wrongful Discharge from Employment Act (WDEA).
• Probationary Period: The Employee will be subject to a probationary period of [Number] months.
• “Cause” for Termination: After the probationary period, termination must be for “good cause” as defined by the WDEA. [Define circumstances constituting “cause.”]
• Employee’s Post-Termination Rights: The Employee has rights under Montana law regarding wrongful discharge.

Termination of Employment:

• Voluntary Resignation: The Employee must provide [Number] days written notice of resignation.
• For-Cause Dismissal: Termination for cause will follow the Employer’s disciplinary procedures.
• Layoffs/Reduction in Force: In the event of layoffs or reduction in force, the Employer will comply with all applicable laws.
• Compliance with WDEA: Termination will comply with the Montana Wrongful Discharge from Employment Act, including written notice and final payment deadlines.
• Return of Employer Property: Upon termination, the Employee must return all employer property (badges, keys, equipment).
• COBRA/Benefit Continuation: Information regarding COBRA and benefit continuation will be provided upon termination.

Workers’ Compensation:

• Montana Workers’ Compensation Coverage: The Employee is covered by Montana Workers’ Compensation insurance.
• Post-Injury Procedure: [Specify the procedure for reporting workplace injuries, accessing medical care, and light-duty/return-to-work policies.]

Privacy and Security:

• Confidentiality Requirements: The Employee must maintain the confidentiality of all sensitive information encountered during the course of employment.
• Limitations: Confidentiality obligations are subject to legal limitations.
• Reporting Suspected Breaches: The Employee must report any suspected breaches or discoveries of sensitive information immediately.

Company Policies:

• Cellphone Use: [Specify policy regarding cellphone use during work hours.]
• Social Media: [Specify policy regarding social media posts related to the workplace.]
• Photography: [Specify policy regarding photography at worksites.]
• Identification Badges: [Specify policy regarding the wearing and displaying of identification badges.]
• Interaction with Building Occupants: [Specify expected behavior for interacting with building occupants.]

Emergency Procedures:

• Training on Emergency Procedures: The Employee will receive training on emergency procedures, including fire evacuation, lockdowns, hazardous spills, and inclement weather.
• Roles in Emergency Response: [Specify any roles the employee may be expected to fulfill during an emergency.]

Leave of Absence:

• Procedure for Requesting Leave: [Specify procedure for requesting leave of absence, e.g., FMLA, jury duty, bereavement, military, civic obligations.]
• Montana Requirements: The Employer will comply with Montana requirements for voting leave and school conference leave.

Promotion/Advancement:

• Eligibility for Promotion: The Employee may be eligible for promotion, job transfers, or advancement based on service, performance, and training.
• Employer Policy: Promotion will be according to the Employer's policy and in compliance with Montana merit principles.

Vehicle Use:

• Required Vehicle Use: [Specify if vehicle use is required.]
• Valid Driver’s License: The Employee must possess and maintain a valid Montana driver's license.
• Insurance Requirements: [Specify insurance requirements.]
• Safe Driver Obligations: The Employee must adhere to all safe driving practices.
• Reimbursement Policy: [Specify policy for employer-provided vehicle or mileage reimbursement.]

Grievance and Complaint Procedures:

• Submitting Grievances: [Specify processes for submitting grievances or workplace complaints.]
• Reporting Unsafe Conditions: The Employee is encouraged to report unsafe conditions.
• Prohibition of Retaliation: Retaliation against employees who report unsafe conditions is prohibited.

Dispute Resolution:

• Dispute Resolution Steps: [Negotiation, mediation.]
• Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Montana. The venue for any legal action shall be [Preferred Venue].

Non-Compete and Conflicts of Interest:

• Non-Compete Clauses: Non-compete clauses are generally unenforceable for janitorial work.
• Conflicts of Interest: The Employee must avoid conflicts of interest.
• Moonlighting Policies: [Specify any policies regarding moonlighting or secondary employment.]

Contract Modification/Renewal:

• Modification Procedures: This Agreement may only be modified by a written amendment signed by both parties.
• Renewal Procedures: [Specify any procedures for contract renewal.]

Unemployment Insurance:

• Montana Unemployment Insurance Coverage: The Employee is covered by Montana unemployment insurance.
• Notification Regarding Contributions and Claims: Information regarding contributions and claims process will be provided as required by law.

Acknowledgment:

• Failure to Read: Failure to read or understand this Agreement does not invalidate it.
• Receipt and Understanding: The Employee acknowledges receipt and understanding of this Agreement, all company policies, safety rules, and training received.

Management Rights:

• Reserved Rights: The Employer reserves all management rights unless expressly limited by this Agreement, including the right to change shifts, duties, or work locations within Montana as reasonably required.

Compliance with Laws:

• Future Amendments: All terms of this Agreement are subject to compliance with future amendments to Montana or federal labor laws and regulations applicable to janitorial staff.

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

____________________________
[Employer Full Legal Name]

____________________________
[Employee Full Legal Name]