New York chef employment contract template

New York Chef Employment Contract

This agreement is made and entered into as of [Date] by and between:

[Employer Name], located at [Employer Address], hereinafter referred to as "Employer,"

and

[Employee Name], residing at [Employee Address], hereinafter referred to as "Chef."

Position & Rank

The Employer hires the Chef as a Full-Time Chef, specifically as a [Culinary Rank, e.g., Executive Chef, Sous Chef, Line Chef].

Option A: The Chef will be primarily responsible for [Detailed Job Description, including menu planning, recipe creation, ingredient sourcing, food preparation, kitchen leadership, food safety, inventory management, cost control, supervising staff, and adapting to dietary restrictions].

Option B: Attached as Exhibit A is a detailed job description.

Compliance with Health and Safety Codes

The Chef shall comply with all applicable New York City and State Department of Health codes and regulations, including but not limited to:

• Food handler certification requirements.
• Cleanliness standards.
• Allergen control protocols.
• Temperature log maintenance.

The Chef will adhere to all applicable OSHA kitchen safety standards, equipment operation procedures, fire prevention protocols, and injury reporting requirements specific to the food service environment.

Reporting Structure and Team Collaboration

The Chef will report directly to [Reporting Line, e.g., Restaurant Manager, Owner, F&B Director].

Option A: The Chef will be responsible for supervising the following kitchen staff: [List of Staff].

Option B: The Chef will collaborate with other chefs in the brigade structure according to the established organizational chart (Exhibit B).

The Chef will participate in shift handover practices and maintain clear communication with all kitchen staff, including multi-lingual communication where necessary.

Work Location

The Chef’s primary work location will be at [Restaurant Address, Event Venue, or Private Home].

Option A: The Chef may be required to work off-site for catering events or pop-up restaurants.

• The Employer will provide [Specify Travel Arrangements, Per Diem, Transport of Equipment].

Option B: Off-site work is not anticipated.

Employment Type and Work Schedule

This is a full-time employment position.

The Chef's weekly work hours are anticipated to be [Number].

Option A: The Chef's anticipated schedule will include [Split Shifts, Evenings, Weekends, Holidays].

Option B: The Chef's specific work schedule will be determined by the Employer based on business needs, subject to the NYC Fair Workweek Law.

The Chef will be provided meal and rest breaks in accordance with New York labor law and the applicable Hospitality Industry Wage Order.

Compensation

The Chef will be compensated at a rate of [Salary or Hourly Wage].

Option A: Overtime will be calculated and paid in accordance with New York State and NYC Hospitality Industry Wage Order rules.

Option B: The Chef is exempt from overtime pay under the executive exemption.

Option A: The Chef will participate in a tip pool and receive distributions according to company policy.

Option B: The Chef will not receive tips.

The Chef will be paid [Payment Frequency, e.g., weekly, bi-weekly] via [Cash or Direct Deposit].

The Chef will receive wage statements (pay stubs) in compliance with New York law, with electronic access provided.

The Chef acknowledges that lawful wage deductions may be made as permitted by New York law.

Option A: The Chef will be eligible for a performance bonus based on [Bonus Criteria].

Option B: The Chef will receive revenue-sharing elements based on [Revenue Sharing Criteria].

Benefits

Health Insurance: The Chef will be eligible for health, dental, and vision insurance coverage, compliant with ACA and New York insurance requirements, effective [Date].

Retirement Plan: The Chef will be eligible to participate in the Employer's [401(k)/NY Secure Choice] retirement plan, subject to plan rules.

Paid Time Off:

• Vacation: The Chef will accrue [Number] days of paid vacation per year.
• Sick Leave: The Chef will accrue sick leave in compliance with the NYC Earned Safe and Sick Time Act.
• Holidays: The Chef will receive paid time off for the following statutory holidays: [List of Holidays].

Other Benefits:

• Disability and Paid Family Leave: The Employer will contribute to disability and Paid Family Leave (NY PFL) as required by New York law.
• Staff Meals: The Chef will receive staff meals ("family meals") according to company policy.
• Uniform and Tool Allowance: The Employer will provide a uniform allowance of [Amount] and a tool allowance (including kitchen knives, shoes) of [Amount], with replacements provided due to wear or breakage.
• Professional Development: The Employer may provide support for professional development opportunities, such as continuing education, culinary competitions, certifications, and trade show participation, subject to approval.

Intellectual Property

The Chef retains ownership of pre-existing original recipes and culinary creations.

Option A: Any new recipes, plating techniques, food photographs, or menu concepts created by the Chef during employment will be the property of the Employer, except for [Specific carve-outs for chef's personal use, such as portfolio development].

Option B: The Chef and Employer will jointly own any new recipes, plating techniques, food photographs, or menu concepts created by the Chef during employment.

Confidentiality

The Chef agrees to hold confidential all proprietary information of the Employer, including but not limited to:

• Recipes
• Supplier relationships
• Pricing
• Kitchen systems
• Guest information

This confidentiality obligation extends beyond the termination of employment and applies to social media and publication of work.

Non-Solicitation/Non-Poaching

Option A: The Chef agrees not to solicit employees or customers of the Employer for a period of [Number] months following termination of employment.

Option B: The Chef agrees not to solicit employees of the Employer for a period of [Number] months following termination of employment.

Option C: No non-solicitation or non-poaching clauses are included in this agreement.

Code of Conduct

The Chef will adhere to a professional code of conduct, including:

• Maintaining professional hygiene.
• Organizing the workspace.
• Punctuality.
• Respectful communication.
• Anti-harassment and anti-discrimination.
• Safe work attire.

The Chef will comply with all applicable provisions of the New York State Human Rights Law and the NYC Human Rights Law.

Alcohol and Controlled Substances

The Chef will comply with the Employer's policies regarding alcohol and controlled substance use.

Any violations of these policies will be subject to disciplinary action, up to and including termination.

Performance Evaluation and Discipline

The Chef will receive performance evaluations [Frequency, e.g., annually].

The Employer will provide constructive feedback and opportunities for professional development.

The Employer reserves the right to implement progressive discipline in accordance with New York labor notification rules.

Termination

Option A: This is an at-will employment relationship, meaning either party may terminate the employment relationship at any time, with or without cause, subject to providing [Number] weeks notice.

Option B: This employment relationship is not at-will and is subject to the following termination conditions: [Specify Conditions].

The Employer may terminate the Chef's employment immediately for cause, including but not limited to:

• Gross misconduct.
• Negligence.
• Intoxication on duty.

Upon termination, the Chef will return all Employer-provided equipment and confidential materials.

The Employer will provide the Chef with a final wage payment and accrued benefits payout in compliance with New York law.

The Chef will receive required NY notices for separation, including unemployment insurance information.

Option A: The Chef will receive a severance package as detailed in Exhibit C.

Option B: The Chef will not receive a severance package.

Accident/Incident Reporting and Workers' Compensation

The Chef will report all accidents and incidents to the Employer immediately.

The Employer will comply with New York State Workers' Compensation Law.

Dispute Resolution

The parties agree to attempt to resolve any disputes arising from this agreement through negotiation and mediation before resorting to arbitration or litigation.

Any legal action relating to this agreement shall be governed by the laws of the State of New York and venued in [County] County, New York.

Option A: Any disputes arising out of or relating to this agreement shall be resolved by binding arbitration in [City], New York, in accordance with the rules of the American Arbitration Association.

Option B: If the Employer is subject to a collective bargaining agreement, the union grievance process shall be followed.

Anti-Discrimination and Equal Opportunity

The Employer is an equal opportunity employer and complies with all federal, state, and city anti-discrimination and anti-harassment laws and policies.

The Employer provides training for sexual harassment prevention as mandated by NYC law.

Immigration Compliance

The Chef must provide documentation demonstrating their eligibility to work in the United States, including compliance with E-Verify.

Workplace Accommodations

The Employer will provide reasonable accommodations for disabilities, religious observances, or pregnancy as required by New York law.

Entire Agreement

This agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral.

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

[Employer Name]

By: [Employer Signature]

Name: [Employer Printed Name]

Title: [Employer Title]

[Employee Name]

By: [Employee Signature]

Name: [Employee Printed Name]