Montana production worker employment contract template

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How Montana production worker employment contract Differ from Other States

  1. Montana is the only state with a 'wrongful discharge from employment' act, providing unique job security protections.

  2. Probationary employment in Montana defaults to six months, after which workers gain additional rights against termination.

  3. Montana does not adhere to the typical 'at-will' employment doctrine found in most other U.S. states.

Frequently Asked Questions (FAQ)

  • Q: Is employment in Montana at-will?

    A: No. After a probationary period, Montana employees can only be fired for good cause, unlike most states.

  • Q: What is the probationary period for production workers in Montana?

    A: The default probationary period is six months, during which termination can occur without cause.

  • Q: Are there mandatory overtime requirements for production workers in Montana?

    A: Yes, Montana follows federal law, requiring overtime pay for hours worked over 40 in a week.

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Montana Production Worker Employment Contract

This Full-Time Production Worker Employment Contract (the “Agreement”) is made and effective as of [Date] by and between:

[Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] (“Employer”), and

[Employee Legal Name], residing at [Employee Address] (“Employee”).

Employer and Employee agree as follows:

1. Employment

The Employer hires the Employee as a full-time Production Worker.

Option A: This is an at-will employment relationship. The employment relationship may be terminated at any time, with or without cause, and with or without notice, by either party subject to the provisions of Montana’s Wrongful Discharge from Employment Act (WDEA) after a probationary period.

Option B: This position is subject to a probationary period of [Number] months. During this probationary period, employment may be terminated at any time, with or without cause, and with or without notice. After the probationary period, termination is subject to the provisions of the WDEA, meaning it must be for good cause or lack of work/business necessity.

2. Job Description

The Employee's primary duties include:

  • Operating production machinery and equipment ([List Specific Machinery/Equipment]).
  • Performing assembly line tasks.
  • Conducting quality control checks and inspections.
  • Handling raw materials and finished goods.
  • Adhering to production schedules.
  • Troubleshooting equipment malfunctions.
  • Safe material handling.
  • Performing manual labor.
  • Regular cleaning and maintenance of work areas and equipment.
  • Using required personal protective equipment (PPE).

The Employee may also be required to perform other duties as assigned by the Employer.

Option A: The physical demands of this position require the ability to lift up to [Number] pounds, repetitive motion, and standing or moving for extended periods.

Option B: A detailed physical demands analysis is attached as Exhibit A.

Option C: The employee will operate a forklift as part of their duties.

  • The employee must possess and maintain a valid forklift certification.
  • The employer will provide initial and ongoing forklift safety training.

3. Work Location and Schedule

The Employee's primary work location is at the Employer's plant/factory located at [Plant/Factory Address].

Option A: The regular work schedule is [Number] hours per week, [Number] days per week, from [Start Time] to [End Time].

Option B: The Employee may be required to work different shifts, including swing, rotating, or night shifts, as assigned by the Employer.

  • Shift differentials will be paid as follows: [Specify Shift Differentials].

Option C: The employee may be required to work at off-site locations, as required by business needs.

The employee is entitled to meal and rest breaks in accordance with the Montana Labor Standards Act.

4. Compensation

The Employer will pay the Employee an hourly wage of [Dollar Amount] per hour.

  • This hourly wage meets or exceeds the Montana minimum wage.

The Employee will be paid [Payment Frequency, e.g., bi-weekly] via [Payment Method, e.g., direct deposit].

Pay periods comply with Montana law requiring at least semi-monthly payments.

Option A: The Employee is eligible for a bonus based on [Bonus Criteria].

  • Details regarding bonus eligibility and calculation are outlined in Exhibit B.

Option B: The employee is eligible for productivity incentives, in accordance with Employer policy.

Option C: The employee is not eligible for a bonus.

Wage deductions will only be made in compliance with Montana law, with written authorization from the employee where required.

5. Benefits

The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:

  • Health insurance: [Specify Plan or "None"].
  • Dental insurance: [Specify Plan or "None"].
  • Vision insurance: [Specify Plan or "None"].
  • Retirement or pension plan: [Specify Plan, e.g., 401(k), SIMPLE IRA, or "None"].
  • Paid time off (PTO): [Number] days per year.
  • Paid sick leave: [Number] days per year, in compliance with applicable Montana laws.
  • Holiday pay: [List Holidays]
  • Family leave: As required by applicable federal and state law.
  • Option A: Attendance bonus: [Specify Details].
  • Option B: Safety bonus: [Specify Details].

Details regarding benefits eligibility are outlined in Exhibit C.

6. Health and Safety

The Employer will comply with all applicable OSHA and Montana Department of Labor health and safety regulations.

The Employer will provide all required PPE at no cost to the Employee.

The Employer will provide procedural training and regular safety briefings.

The Employee is responsible for immediately reporting all accidents and unsafe conditions to their supervisor.

The Employer maintains a written hazard communication program.

Option A: The employee is required to possess a valid [Specific Safety Certification].

  • The employer will pay for the certification and renewal fees.

Option B: The employer will provide training for all required safety certifications.

7. Drug-Free Workplace

The Employer maintains a drug-free workplace policy.

Option A: The Employee may be subject to drug testing in accordance with the Employer's policy and Montana law, including post-accident testing.

Option B: The Employee may be subject to random drug testing in accordance with the Employer's policy and Montana law.

All drug testing will be conducted in accordance with Montana law, including requirements for privacy and consent.

8. Workplace Conduct

The Employee is expected to comply with all company policies and procedures, including policies regarding:

  • Anti-harassment and anti-discrimination (based on race, gender, age, religion, disability status, veteran status, marital status, sexual orientation, and other categories protected under the Montana Human Rights Act).
  • Workplace violence prevention.
  • Attendance and punctuality.
  • Proper use of breakrooms and facilities.

The employee must adhere to all safety regulations, as well as maintain a clean and safe working environment.

9. Training and Certification

Option A: The Employee is required to possess and maintain a valid [Specific License/Certification, e.g., Forklift Certification, Hazardous Materials Handling Certification].

  • The Employer will be responsible for the costs of obtaining and renewing this license/certification.

Option B: The Employer will provide the Employee with the necessary training to obtain the required license/certification.

Option C: The employee is responsible for maintaining all required certifications for their role, as well as adhering to the guidelines provided by the employer and associated certification agencies.

10. Reporting and Communication

The Employee will report directly to [Supervisor Name].

The Employee is responsible for shift handover, incident reporting, and accurate and timely completion of production log entries.

The employee is expected to notify their direct supervisor of any concerns, or issues impacting their work.

11. Confidentiality

The Employee acknowledges that during their employment, they will have access to confidential information regarding the Employer's business, including proprietary production methods, supplier data, pricing, product specifications, customer lists, and trade secrets.

The Employee agrees not to use or disclose any confidential information during or after their employment with the Employer, except as required by law.

The employee must adhere to all NDA terms as defined by [Employer Legal Name]

12. Intellectual Property

All inventions, improvements, or process enhancements made by the Employee within the scope of their employment belong to the Employer.

The Employee agrees to promptly disclose any such inventions, improvements, or process enhancements to the Employer.

13. Termination

As described above, after any probationary period, the employee's termination is subject to the provisions of the WDEA, meaning it must be for good cause or lack of work/business necessity.

Upon termination of employment, the Employer will provide the Employee with their final paycheck, due on the next regular payday or within 15 days, whichever is earlier, in accordance with Montana law.

The Employee must return all company property, including uniforms, tools, and PPE, to the Employer upon termination.

14. Disciplinary Action

The Employer maintains a progressive discipline policy, which may include verbal warnings, written warnings, documented performance improvement plans, and termination.

The Employer will follow Montana-specific standards for disciplinary action, including providing the Employee with a written explanation of the reason for the disciplinary action and an opportunity to respond.

Employees have the right to utilize an appeals/grievance procedure with [Employer Legal Name]

15. Dispute Resolution

The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

Option A: If negotiation fails, the parties agree to participate in mediation before resorting to litigation.

Option B: Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, Montana].

This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.

16. Workers' Compensation

The Employer will provide workers' compensation insurance coverage for the Employee in accordance with Montana law.

The Employee must report any work-related injuries to their supervisor immediately.

The Employer maintains a return-to-work program.

17. Workplace Postings

The Employer will display all required labor law posters in a conspicuous location in the workplace, as required by Montana law.

18. Employer Property

The Employee is responsible for the proper care and use of all Employer property, including uniforms, tools, and equipment.

The Employee will be held liable for any loss or damage to Employer property caused by their negligence or misconduct, subject to Montana law regarding deductions from wages.

Upon termination of employment, the Employee must return all Employer property in good condition, reasonable wear and tear excepted.

19. Data Privacy

The Employer will maintain the Employee's personnel records in accordance with Montana law.

The Employee has the right to access their personnel records upon request, subject to reasonable limitations.

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

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

[Employee Signature]

Exhibits (to be attached):

  • Exhibit A: Physical Demands Analysis (if applicable)
  • Exhibit B: Bonus Plan Details (if applicable)
  • Exhibit C: Benefits Summary

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