New Mexico janitor employment contract template

New Mexico Janitor Employment Agreement

This Full-Time Janitor Employment Agreement (the “Agreement”) is made and entered into as of this [Date] day of [Month], [Year], by and between [Employer Name], located at [Employer Address], New Mexico, hereinafter referred to as "Employer," and [Employee Name], residing at [Employee Address], New Mexico, hereinafter referred to as "Employee."

Purpose and Scope of Employment

The Employer desires to employ the Employee, and the Employee desires to be employed by the Employer, to perform janitorial services at [Worksite Address], New Mexico.

The Employee's position shall be that of [Position Title, e.g., Janitor, Custodian], and the scope of employment is limited to janitorial functions.

Job Duties

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

• Sweeping, mopping, and floor polishing.
• Trash removal.
• Restroom cleaning and sanitation.
• Supply restocking.
• Window cleaning.
• Snow/ice removal from entrances when needed.
• Use and safe handling of cleaning chemicals and equipment.
• Reporting facilities maintenance needs.
• Compliance with site-specific cleaning schedules.

Option A: Specialized Facility Requirements: The Employee will be responsible for following specific cleaning protocols for [Type of Facility, e.g., medical, educational, commercial] facilities.

Option B: No Specialized Requirements: The Employee will follow standard cleaning protocols as directed by the Employer.

Compliance with Laws and Regulations

The Employee shall comply with all applicable federal and New Mexico laws and regulations, including but not limited to:

• OSHA and NM OSHA (New Mexico Occupational Health & Safety Bureau) compliance for handling hazardous materials.
• Bloodborne pathogen training (if applicable).
• Mandated use of PPE.

Training

The Employee will be required to attend mandatory trainings regarding:

• Equipment operation.
• Chemical safety (including Safety Data Sheet access).
• Slip/trip/fall prevention.
• Emergency response.

Orientation and annual refresher requirements as mandated by NM regulations.

Work Hours and Schedule

The Employee's regular work hours shall be [Start Time] to [End Time], [Days of the Week].

Minimum hours per week: [Number].

Maximum hours per week: [Number].

Option A: Fixed Shift

Option B: Flexible Schedule, subject to Employer's approval.

The Employee is entitled to rest and meal breaks as required by New Mexico law.

Overtime Eligibility

The Employee is [Exempt/Non-Exempt] from overtime.

If non-exempt, the Employee is 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, in accordance with the New Mexico Minimum Wage Act and the federal FLSA.

Type of Employment and At-Will Employment

The Employee's employment is full-time and is at-will.

At-will employment means that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable New Mexico law.

Option A: Acknowledge New Mexico’s at-will doctrine and exceptions (e.g., public policy, implied contract, or good faith exceptions if applicable).

Option B: No Exceptions to at-will, subject to applicable law.

Compensation

The Employee's hourly wage shall be [Dollar Amount] per hour, meeting or exceeding the NM state minimum wage and any applicable local wage ordinances (e.g., Santa Fe or Albuquerque living wage ordinances if site is there).

Option A: Alternatively, Employee’s annual salary shall be [Dollar Amount].

Pay frequency: [e.g., Bi-weekly, Semi-monthly].

Method of payment: [e.g., Direct deposit, Check].

Overtime pay will be calculated, reported, and approved according to Employer policy and applicable law.

All statutory payroll deductions and withholdings will be documented.

Option A: Performance-Based Incentives: The Employee may be eligible for bonuses based on [e.g., cleaning quality metrics, attendance].

Option B: No Performance-Based Incentives.

Benefits

The Employee is eligible for the following benefits:

• Option A: Health, dental, and vision insurance, subject to eligibility requirements. Enrollment process and specific employer contribution details provided separately.
• Option B: No Health Insurance offered.
• Paid time off (vacation, holiday, personal, and sick leave) compliant with NM Healthy Workplaces Act and any local or county paid leave mandates.
• Short-term disability (if applicable).
• Worker’s compensation benefits in compliance with the New Mexico Workers’ Compensation Act.
• Unemployment insurance.

Uniforms and Equipment

Option A: The Employer will provide uniforms, tools, and cleaning supplies.

Option B: The Employee is responsible for [Specify responsibility, e.g., maintaining own uniforms].

The Employee is responsible for the proper care and maintenance of all equipment provided by the Employer.

Anti-Discrimination and Harassment

The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, age, disability, or any other characteristic protected by the New Mexico Human Rights Act.

The Employee is required to participate in annual training on workplace harassment prevention.

Workplace Conduct

The Employee shall adhere to the following workplace conduct standards:

• Prohibition of theft.
• Confidentiality regarding building access codes, keys, and security procedures.
• Requirements for key control and badge management.
• Protocols for cleaning in occupied vs. unoccupied spaces.

Substance Abuse and Drug Testing

Option A: Pre-employment and/or random drug testing [is/is not] required.

Option B: No Drug Testing Required.

The Employee will be notified of applicable testing procedures per New Mexico law.

Reporting Workplace Hazards and Injuries

The Employee is required to report all workplace hazards, injuries, near-misses, and unsafe conditions to [Designated Person/Department] immediately.

Incident reporting procedures must be followed in line with state law and company policy.

Hazardous Materials and Dangerous Environments

If the Employee is required to work with hazardous materials or in potentially dangerous environments, they will receive appropriate PPE and training.

Exposure response protocols and required vaccinations (if needed for specific client facilities) will be provided.

Confidentiality

The Employee must maintain confidentiality regarding tenant property, sensitive information observed during the course of cleaning, and client privacy.

The Employee must follow established protocols if illegal activity or emergencies are observed during cleaning shifts.

Communication of Needs

The Employee is responsible for communicating repair needs, safety hazards, or supply shortages to [Designated Person/Department].

A clear reporting line and escalation protocols will be provided.

Vehicle Use (If Applicable)

If driving between multiple sites is required:

• Vehicle use policy: [Specify policy].
• Driving record requirements: [Specify requirements].
• Mileage reimbursement: [Specify rate].
• Any NM-specific DMV clearance requirements.
• Background checks will be conducted in compliance with local law.

Employment Termination

Voluntary Resignation: The Employee shall provide [Number] days' written notice of resignation.

Employer-Initiated Termination: The Employer may terminate the Employee's employment for cause, subject to progressive discipline policies (if applicable).

Upon termination, the Employee must return all keys, badges, uniforms, and company property.

The Employee's final paycheck will be issued in accordance with NM law.

Layoff and Reduction-in-Force

Layoff and reduction-in-force procedures will be conducted in accordance with New Mexico workforce reduction requirements.

COBRA-like health insurance continuation process will be offered under state and federal law.

Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through:

• Internal complaint procedures.
• Escalation to [Designated Person/Department].
• Option A: Use of local New Mexico mediation services.
• Option B: Binding Arbitration.

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

Public Health Orders

The Employee must comply with all state and local public health orders (e.g., mask mandates, COVID-19 protocols, infection control) impacting janitorial work.

NM Open Meetings Act/Public Records (If Applicable)

If the Employer is a government entity or public school, the Employee acknowledges that their employment is subject to the NM Open Meetings Act/public records rules.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.

Modification

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

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

____________________________
[Employer Name]

____________________________
[Employer Printed Name]

Date: ______________________

____________________________
[Employee Name]

____________________________
[Employee Printed Name]

Date: ______________________

Each party acknowledges that they have read, understood, and received a copy of this signed Agreement.