North Carolina production worker employment contract template

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How North Carolina production worker employment contract Differ from Other States

  1. North Carolina is an at-will employment state, meaning employers or employees can terminate the contract at any time without cause.

  2. State-mandated minimum wage aligns with the federal rate unless local regulations change, affecting wage clauses in contracts.

  3. North Carolina does not require written employment contracts for most production workers, but having one clarifies worker-employer expectations.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for production workers in North Carolina?

    A: No, North Carolina does not require a written contract, but it is recommended for clarity and legal protection.

  • Q: Does North Carolina have specific laws for overtime pay in production jobs?

    A: Yes, North Carolina follows federal law, which requires overtime pay for non-exempt employees at 1.5 times regular wages.

  • Q: Can a production worker contract specify grounds for termination?

    A: Yes, a contract can define termination terms, but both parties retain at-will employment rights unless otherwise agreed.

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North Carolina 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").

Position:

  • The Employee is hired as a Production Worker.
  • Option A: The Employee shall report to [Supervisor Name], whose title is [Supervisor Title].
  • Option B: The Employee shall report to the Shift Supervisor on duty.

Job Duties:

  • Operating [Specific Machinery/Production Line, e.g., assembly line, molding machine].
  • Routine assembly tasks.
  • Inspection of products using [Designated Tools and Protocols, e.g., gauges, visual inspection checklists].
  • Quality assurance checks per company and industry requirements.
  • Maintenance of work area sanitation.
  • Following North Carolina Department of Labor (NCDOL) safety protocols.
  • Compliance with shift schedules.
  • Use of personal protective equipment (PPE) as required by OSHA and North Carolina law.
  • Participation in required workplace safety and skills training sessions.

Work Location:

  • The Employee's primary work location is [Plant/Facility Name and Address].
  • Option A: The Employee may be required to work temporarily at other company sites in North Carolina as needed.
  • Option B: The Employee will only work at the primary work location.
  • Remote work is not typically permitted for this position.
  • On-call or weekend shifts [are/are not] expected based on operational needs.

Employment Type and Hours:

  • The Employee is hired as a full-time employee.
  • The Employee is expected to work a minimum of [Number] hours per week.
  • Shift pattern: [Day/Evening/Night]
  • Option A: Mandatory overtime may be required.
  • Option B: Overtime is voluntary but encouraged during peak production periods.
  • Meal and rest break periods are [Number] minutes for lunch and [Number] minutes for breaks.
  • Clocking in/out process: [Method, e.g., badge scan, biometric scan].
  • Attendance policies: [Brief description of attendance requirements, including absence, tardiness, and call-in procedures].

Compensation:

  • The Employee's hourly wage is [Dollar Amount] per hour/annual salary is [Dollar Amount].
  • Overtime pay will be paid at 1.5 times the regular rate for hours worked over 40 in a workweek, as required by the FLSA.
  • Pay frequency: [Weekly/Bi-weekly/Semi-monthly].
  • Method of payment: [Direct deposit/Check].
  • Option A: The Employee is eligible for shift differentials of [Dollar Amount or Percentage] for [Specify Shifts].
  • Option B: The Employee is not eligible for shift differentials.
  • Option A: The Employee is eligible for production bonuses based on [Specific Criteria].
  • Option B: The Employee is not eligible for production bonuses.
  • Option A: The Employee is eligible for attendance awards based on [Specific Criteria].
  • Option B: The Employee is not eligible for attendance awards.
  • Option A: The Employee is eligible for performance-based incentives based on [Specific Criteria].
  • Option B: The Employee is not eligible for performance-based incentives.
  • All income is subject to lawful withholdings and payroll taxes in North Carolina.

Benefits:

  • Eligibility for benefits is subject to the terms and conditions of the Employer's benefit plans.
  • Group health, dental, and vision insurance.
  • Life insurance.
  • Option A: Retirement or 401(k) plan with [Vesting Schedule and Employer Match].
  • Option B: No retirement plan offered.
  • Paid time off (PTO): [Number] days per year.
  • Vacation days: [Number] days per year.
  • Sick leave: [Number] days per year.
  • Option A: Personal days: [Number] days per year.
  • Option B: No personal days offered.
  • Company holidays: [List of Observed Holidays]. Policies for working on holidays, including premium pay where applicable.
  • Short- and long-term disability.
  • Option A: Employee Assistance Program (EAP) access.
  • Option B: No EAP access.
  • Option A: Tuition reimbursement or job-specific safety/skills training stipends are available subject to company policy.
  • Option B: No tuition reimbursement or stipends are offered.

Safety and Health:

  • Mandatory orientation and ongoing safety training under North Carolina Occupational Safety and Health (NC OSHA) standards.
  • Employee responsibility to use PPE, report hazards, participate in emergency and evacuation drills, and comply with plant safety signage and protocols.
  • Procedures for reporting injuries, near-misses, and unsafe conditions per North Carolina's workers' compensation law and posted policies.
  • Employee's right to refuse unsafe work, with reference to company and NCDOL complaint processes.

Attendance and Timekeeping:

  • Expectations for punctuality.
  • Clock-in/clock-out methods: [e.g., badge, biometric].
  • Process for requesting time off.
  • Documentation required for absences.
  • Disciplinary actions for excessive absenteeism or tardiness.
  • Whether mandatory pre-shift meetings or equipment checks are required.

Workplace Conduct and Behavioral Expectations:

  • Dress code: [Uniform/PPE standards].
  • Grooming standards.
  • Smoking/vaping rules (in alignment with NC laws).
  • Substance abuse policy with clear mention of drug testing procedures common to North Carolina industry (pre-employment, random, post-incident).
  • Workplace harassment and anti-bullying commitment.
  • Requirement to treat coworkers and supervisors respectfully.
  • Prohibition of violence, weapon possession, or unauthorized visitors on premises.
  • Adherence to company anti-discrimination and equal employment opportunity policies as aligned with NC and federal law.

Intellectual Property and Confidentiality:

  • Employee obligation to safeguard company trade secrets, confidential processes, proprietary machinery settings or formulae, process documentation, and customer data.
  • Inventions, improvements, or process changes made during employment relevant to the company's business in North Carolina are owned by the Employer, in compliance with NC law.
  • Ban on unauthorized use or transfer of proprietary information during and after employment.

Non-Competition/Non-Solicitation/Non-Disclosure (If Applicable):

  • Option A: Employee agrees not to compete with the Employer within [Geographic Area] for a period of [Number] years after termination of employment.
  • Option B: Employee agrees not to solicit the Employer's employees or customers for a period of [Number] years after termination of employment.
  • Option C: Employee agrees to maintain the confidentiality of the Employer's trade secrets and confidential information indefinitely.
  • These clauses are subject to North Carolina law and must be reasonable in scope and duration.

At-Will Employment:

  • The employment relationship is "at-will," meaning that either party may terminate the employment relationship at any time, for any lawful reason or no reason, subject to the following:
  • Resignation notice period: [Number] days/weeks.
  • Termination notice period: [Number] days/weeks (subject to company policy).
  • Final pay date: As required under North Carolina law.
  • Payout of unused vacation/PTO per company policy.
  • Procedures for return of uniforms, PPE, tools, badges, or company property upon exit.

Discipline and Grievance:

  • Progressive discipline model: [Verbal warning, written warning, suspension, termination].
  • Employee's right to a fair hearing or appeal.
  • Company policy for investigating workplace complaints or incidents.

Compliance with Laws:

  • The Employee agrees to comply with all applicable North Carolina and federal labor laws, including the North Carolina Wage and Hour Act, relevant child labor protections, applicable local ordinances, and federal statutes including FLSA, ADA, FMLA.

Workers' Compensation:

  • Employer maintains workers’ compensation insurance.
  • Carrier/claims contact: [Insurance Carrier Name and Contact Information].
  • Employee rights and responsibilities under the North Carolina Workers’ Compensation Act.
  • Post-accident drug testing policy (if adopted).

Dispute Resolution:

  • Good-faith negotiation.
  • Option A: Mediation as primary recourse.
  • Option B: Binding arbitration (if agreed upon by both parties in writing).
  • Designation of North Carolina as exclusive jurisdiction and choice of law for any employment-related legal actions.

Union Statement (If Applicable):

  • Option A: This facility is unionized and subject to a Collective Bargaining Agreement (CBA) with [Union Name]. The CBA governs certain terms and conditions of employment.
  • Option B: This facility is not unionized.

Miscellaneous:

  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Complete Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
  • Amendments: This Agreement may be amended only by a writing signed by both parties.
  • Assignment: This Agreement may not be assigned by the Employee without the prior written consent of the Employer.
  • Notice: Any notice required or permitted under this Agreement shall be in writing and shall be deemed to be given when personally delivered or when sent by certified mail, return receipt requested, to the address of the party as set forth above.
  • Acknowledgment: The Employee acknowledges that they have had the opportunity to seek legal counsel before signing this Agreement.

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

____________________________
[Employer Representative Name]
[Employer Representative Title]

____________________________
[Employee Legal Name]

Date: ____________________________

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