New Mexico chef employment contract template
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How New Mexico chef employment contract Differ from Other States
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New Mexico follows specific state wage and hour laws that may differ from other states, impacting overtime and minimum wage requirements.
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New Mexico enforces unique food safety and certification regulations for chefs, requiring compliance within employment contracts.
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Employment contracts in New Mexico often address local anti-discrimination and at-will employment provisions unique to the state's legal environment.
Frequently Asked Questions (FAQ)
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Q: Is a written chef employment contract required in New Mexico?
A: No, written contracts are not required by law but are highly recommended for clear terms and legal protection.
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Q: How does New Mexico's minimum wage affect chef employment contracts?
A: Chefs must be paid at least the state or local minimum wage, which may be higher than the federal rate, per contract terms.
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Q: What termination provisions are common in New Mexico chef employment contracts?
A: Contracts typically include at-will termination clauses unless specifying otherwise, consistent with New Mexico employment laws.
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New Mexico Chef Employment Contract
This New Mexico Chef Employment Contract ("Agreement") is made and entered into as of [Date] by and between:
[Employer Name], with a principal place of business at [Employer Address], hereinafter referred to as "Employer,"
and
[Employee Name], residing at [Employee Address], hereinafter referred to as "Employee" or "Chef."
1. Position
The Employer hereby employs the Employee as a Full-Time Chef, specifically as [Role Designation, e.g., Executive Chef, Sous Chef, Pastry Chef, Line Chef].
2. Job Responsibilities
The Employee's job responsibilities include, but are not limited to:
- Menu planning and recipe development, with consideration for New Mexico's unique local cuisine and food customs.
- Food preparation and plating.
- Maintaining kitchen hygiene and food safety standards, complying with New Mexico Food Code.
- Inventory and supply ordering.
- Supervision of kitchen staff.
- Cost control.
- Vendor management.
- Training and mentoring culinary team members.
- Enforcing health code compliance.
- Event or special menu execution.
3. Required Certifications and Compliance
The Employee is required to possess and maintain valid culinary certifications, including:
- [List Certifications]
The Employee must hold a valid New Mexico Food Handler or Manager Certification.
The Employee shall comply with all regulations set forth by the New Mexico Environment Department (NMED) regarding food safety.
4. Work Location
The primary work location is [Specific Address in New Mexico].
The Employer reserves the right to transfer the Employee to different venues or off-site catering events.
Option A: No travel is required.
Option B: Occasional travel may be required, and the Employee will be reimbursed for reasonable travel expenses.
Option C: Remote work is not permitted.
5. Employment Type and Work Hours
The employment type is:
- Option A: Full-time, exempt.
- Option B: Full-time, non-exempt.
The expected work hours are [Number] hours per week.
The Employee's schedule will be: [Days of the week] from [Start Time] to [End Time].
Option A: Shift work may be required.
Option B: Split shifts may be required.
The Employer will provide reasonable advance notice of schedule changes, as required by New Mexico practice.
Overtime eligibility and rate will be calculated per the New Mexico Minimum Wage Act and FLSA, where applicable.
6. Compensation
The Employee's base wage is:
- Option A: [Dollar Amount] per year.
- Option B: [Dollar Amount] per hour.
Payment will be made [Frequency, e.g., bi-weekly] via [Method, e.g., direct deposit].
The Employer will comply with New Mexico minimum wage laws.
Option A: Tip pooling is in effect. Details are outlined in the employee handbook.
Option B: A service charge is distributed to employees. Details are outlined in the employee handbook.
Option A: Bonus potential exists based on [Criteria, e.g., performance, menu innovation, cost-saving contributions]. Details are outlined in the employee handbook.
Option B: No bonus potential exists.
Profit sharing or special event gratuities will be distributed as determined by the Employer.
7. Benefits
The Employee is eligible for the following benefits:
- Health insurance: [Details of health insurance options, compliant with New Mexico regulations]
- Vision insurance: [Details of vision insurance options]
- Dental insurance: [Details of dental insurance options]
- Paid time off: Vacation and sick leave will accrue according to New Mexico’s Healthy Workplaces Act.
- Holidays: [List of paid holidays]. Scheduling on holidays common in food service will be determined by the Employer.
- Parental leave: [Details of parental leave policy]
- Bereavement leave: [Details of bereavement leave policy]
- Meal allowance or on-shift staff meals.
- Discounted dining.
- Uniform and knife/tool allowance: [Dollar Amount] per [Frequency].
- Option A: Transportation/parking stipend: [Dollar Amount] per [Frequency].
- Option B: No transportation/parking stipend is provided.
- Reimbursement for required certifications or professional culinary training, as approved by the Employer.
8. Kitchen Safety and Health Requirements
The Employee must comply with all New Mexico OSHA standards.
The Employee must properly use and maintain all kitchen equipment.
The Employee must safely store and handle hazardous materials.
The Employee must adhere to all fire safety regulations.
The Employee must report all workplace injuries immediately.
The Employee will participate in required safety training programs.
9. Food Safety and Sanitation Standards
The Employee must adhere to the New Mexico Food Code and local inspection requirements.
The Employee must document food safety practices and participate in regular food safety audits.
The Employee must report any foodborne illness or code violations immediately.
10. Intellectual Property and Menu Rights
All recipes, signature dishes, presentation styles, or other proprietary culinary creations developed by the Employee during employment are the sole property of the Employer.
The Employee shall maintain the confidentiality of trade secrets, house recipes, business operations, supplier relationships, and customer data.
Confidentiality obligations survive termination of employment.
The Employee shall not share proprietary concepts or images in media or with competitors without the Employer's written consent.
11. Exclusivity and Outside Business Restrictions
Option A: The Employee agrees to devote their full working time and attention to the business of the Employer, and shall not engage in any other culinary employment or side catering without the Employer's written consent.
Option B: The Employee is permitted to engage in outside culinary activities, provided they do not conflict with their duties to the Employer.
Option A: A non-compete agreement is attached as Exhibit A and is subject to the limitations of New Mexico law.
Option B: A non-solicitation agreement is attached as Exhibit B and is subject to the limitations of New Mexico law.
Option C: No non-compete or non-solicitation agreement applies.
12. Professional Conduct and Kitchen Behavioral Standards
The Employee must maintain proper dress and personal hygiene.
The Employee must interact professionally with staff and guests.
The Employee must adhere to anti-bullying and anti-harassment guidelines.
The Employee must strictly adhere to anti-discrimination rules as per the New Mexico Human Rights Act.
The Employee must treat colleagues and vendors with respect.
13. Kitchen Reporting Structure and Job Hierarchy
The Employee reports to [Reporting Authority, e.g., Executive Chef, General Manager, Owner].
The Employee is expected to collaborate with the kitchen team.
The Employee must participate in kitchen meetings and staff performance reviews.
14. Inventory, Food Cost, and Sourcing
The Employee must participate in inventory checks and food cost reviews.
The Employee is responsible for ordering supplies and negotiating with suppliers.
The Employee must prioritize seasonal and local ingredient sourcing, reflecting New Mexico's agricultural practices.
The Employee must use state-specific products or indigenous cuisines as required.
15. Staff Meals, Breaks, and Rest Periods
The Employee is entitled to staff meals, breaks, and rest periods in accordance with New Mexico labor law.
The Employer will provide paid meal and rest breaks as required by law.
Employer-provided meal policies are as follows: [Details of meal policies].
16. Termination
The Employer may terminate the Employee's employment for cause, including, but not limited to:
- Health code violation.
- Insubordination.
- Intoxication on the job.
- Theft.
The Employee may resign with [Number] weeks' written notice.
Final pay will be provided in accordance with New Mexico law, including payment deadlines.
Upon termination, the Employee must return all employer-owned uniforms, tools, and intellectual property.
Final gratuities or bonus calculations will be determined according to Employer policy and applicable law.
17. Governmental Inspections
The Employee must comply with all governmental inspections.
The Employee must cooperate with NMED and health department officials during inspections.
The Employer will inform staff of health code changes or violations impacting chef work.
18. Dispute Resolution
Any disputes arising out of this Agreement shall be resolved through good-faith negotiation.
If negotiation fails, the parties agree to mediate the dispute.
If mediation fails, the parties may pursue arbitration.
Legal venue and governing law shall be the State of New Mexico.
19. Workers' Compensation
The Employee is covered by workers' compensation insurance per the New Mexico Workers' Compensation Act.
Reporting and claim filing instructions are available from the Employer.
20. Training Programs
The Employee must participate in anti-harassment and food safety training programs as required by New Mexico law and industry best practices.
21. Performance Feedback and Discipline
The Employer will provide regular performance feedback to the Employee.
Progressive discipline may be implemented, and warnings will be documented.
22. Immigration Laws
The Employer complies with federal and state immigration laws, including right-to-work and E-Verify requirements.
23. Contract Updates
The Employer may update this contract to reflect regulatory changes or operational needs, with written notice to the Employee.
24. Miscellaneous
Option A: Relocation assistance may be provided, as outlined in Exhibit C.
Option B: The employee must demonstrate proficiency in the [Language] language.
Option C: Media or public relations appearances may be required.
All provisions are adjustable subject to individual negotiation within the requirements of New Mexico state law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
____________________________
[Employee Name]