New Mexico cook employment contract template

New Mexico Cook Employment Contract

This New Mexico Cook Employment Contract (the “Agreement”) is made and entered into as of [Date of Signing] by and between [Employer Legal Name], a [State of Formation] [Entity Type], with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Name], residing at [Employee Address] (“Employee”).

1. Employment

• Option A: Employer hereby employs Employee as a full-time Cook.
• Option B: Employer hereby employs Employee as a part-time Cook.

2. Job Responsibilities

• Employee's primary responsibilities include, but are not limited to:
• Preparing and cooking food according to recipes and menus.
• Plating and portioning food.
• Handling locally sourced or culturally relevant ingredients.
• Operating and cleaning kitchen equipment.
• Maintaining a sanitary food preparation area.
• Ensuring timely meal service.
• Following instructions from the Head Chef or Kitchen Manager.
• Adhering to allergen and food safety practices as per New Mexico health regulations.

3. Required Skills and Certifications

• Employee must possess the following skills:
• [List required cooking skills]
• Employee must possess a valid New Mexico Food Handler Card or obtain one within [Number] days of employment.
• Employee agrees to comply with all state and local health and safety codes.

4. Work Location

• Option A: Employee's primary work location is [Restaurant Name] located at [Restaurant Address], New Mexico.
• Option B: Employee may be required to work at multiple locations, including [List of locations, e.g., food trucks, catering venues].
• Employee is expected to be present on-site for all scheduled shifts.

5. Employment Type and Work Hours

• Employee is employed on a full-time basis, with a minimum of [Number] hours per week.
• Option A: Employee's typical work schedule is [Start Time] to [End Time], [Days of the Week].
• Option B: Employee's work schedule will be determined by the Employer and may vary.
• Employee is entitled to meal and rest breaks as required by New Mexico law:
• [Specify break policy, including frequency, duration, and compensation]
• Overtime will be compensated at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek, as per New Mexico law.

6. Compensation

• Option A: Employee will be paid an hourly wage of [Dollar Amount] per hour.
• Option B: Employee will be paid a salary of [Dollar Amount] per year.
• Wages will be paid [Frequency, e.g., bi-weekly] via [Method, e.g., direct deposit].
• Option A: Employee is eligible to participate in the tip pool and will receive tips according to the established tip pooling policy.
• Option B: Employee is not eligible for tips.
• Option A: Employee may be eligible for performance-based bonuses based on [Criteria for bonus].
• Option B: Employee is not eligible for performance-based bonuses.
• Option A: Employer will reimburse Employee for reasonable work-related expenses, such as [List of Expenses, e.g., knife sharpening].
• Option B: Employer will provide Employee with the necessary tools and equipment.

7. Benefits

• Option A: Employer will contribute to health, vision, and dental insurance plans for the Employee. [Specify contribution details]
• Option B: Employer does not offer health, vision, or dental insurance.
• Employee will accrue paid sick leave and paid time off as required by the New Mexico Healthy Workplaces Act. [Specify accrual rate and usage rules]
• Employee is entitled to the following statutory holidays: [List Holidays].
• Option A: Employee will receive a [Percentage]% discount on employee meals.
• Option B: Employee will receive free employee meals.
• Option C: No employee meal benefits are provided.
• Option A: Employee is eligible to participate in the Employer's 401(k) plan after [Number] months of employment.
• Option B: The employer does not offer a 401k plan.

8. Workplace Safety

• Employee agrees to adhere to all New Mexico Occupational Health and Safety Bureau (NM OSHA) rules and regulations.
• Employee will participate in required kitchen safety training.
• Employee will use provided Personal Protective Equipment (PPE).
• Employee must immediately report any work-related injuries to [Designated Contact Person].
• Employer provides workers' compensation insurance coverage as required by New Mexico law.

9. Professional Conduct

• Employee agrees to maintain a clean and professional appearance.
• Employee agrees to adhere to all food safety protocols.
• Employee agrees to properly use and maintain all kitchen equipment.
• Employee agrees to follow all posted allergen control and cross-contamination policies.
• Employee agrees to report any accidents, hazards, or health code violations to [Designated Contact Person].

10. Supervision and Reporting

• Employee will report directly to [Name of Supervisor], [Supervisor Title].
• Employee must escalate any food safety or workplace concerns to [Designated Contact Person].

11. Intellectual Property

• Any recipes, culinary inventions, or training materials developed by the Employee during their employment are the property of the Employer.
• Employee agrees to maintain the confidentiality of the Employer's proprietary recipes, processes, and internal management practices.

12. Confidentiality

• Employee agrees to hold all confidential information of the Employer in strict confidence, both during and after employment. This includes recipes, processes, customer data, and internal business operations.
• Employee shall not engage in any comparative advertising or disclose any trade secrets of the Employer.

13. Non-Competition/Non-Solicitation

• Option A: Due to the specialized nature of Employer's culinary offerings, Employee agrees not to work for a direct competitor within a [Number] mile radius of Employer’s location for a period of [Number] months following termination of employment. This provision is narrowly tailored to protect Employer's legitimate business interests.
• Option B: Employee acknowledges that New Mexico law may limit the enforceability of non-compete agreements, and this section will be interpreted accordingly.
• Employee agrees not to solicit the Employer's employees or customers for a period of [Number] months following termination of employment.

14. Secondary Employment

• Employee must notify Employer of any secondary employment that may conflict with their duties or availability at Employer.

15. At-Will Employment

• Employee's employment is at-will, meaning that either the Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable New Mexico law.

16. Termination

• In the event of termination, Employee will receive their final paycheck in accordance with the New Mexico Wage Payment Act.
• Employee must return all Employer property, including uniforms, knives, and access devices, upon termination.
• Employee may be required to participate in an exit interview.
• Termination may occur due to, but is not limited to, repeated food safety violations, intoxication at work, harassment, theft, or insubordination.

17. Anti-Discrimination and Harassment

• Employer is an equal opportunity employer and does not discriminate on the basis of race, religion, national origin, gender, age, sexual orientation, gender identity, ancestry, disability, spousal affiliation, pregnancy, or any other protected category under the New Mexico Human Rights Act.
• Employer prohibits harassment of any kind. Employees are encouraged to report any incidents of discrimination or harassment to [Designated Contact Person].

18. Dispute Resolution

• Employer encourages employees to report workplace complaints through internal channels.
• Option A: Any disputes arising out of or relating to this Agreement shall be resolved through mediation in New Mexico.
• Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in New Mexico.
• This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.

19. Compliance with Health Regulations

• Employee agrees to comply with all New Mexico Department of Health and Environment kitchen licensing and inspection rules.
• Employee must immediately report any suspected food-borne illness outbreaks to [Designated Contact Person].
• Employee agrees to cooperate with health inspections.

20. Work Eligibility

• Employee must provide documentation verifying their eligibility to work in the United States as required by the Immigration Reform and Control Act.

21. Additional Perks and Policies

• Option A: Employee will receive a uniform allowance of [Dollar Amount] per [Frequency].
• Option B: Employer will provide uniforms.
• Employer may offer staff referral bonuses for successful referrals.
• Employer may provide opportunities for professional development or culinary training.
• Employer welcomes employee feedback and suggestions regarding menu, pricing, and kitchen workflow.

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

____________________________

[Employer Representative Name]

[Employer Representative Title]

[Employer Legal Name]

____________________________

[Employee Full Name]