North Dakota assembler employment contract template
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How North Dakota assembler employment contract Differ from Other States
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North Dakota's employment contracts must comply with the state's at-will employment doctrine, which restricts wrongful termination claims more than some other states.
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State-specific wage requirements, such as the North Dakota minimum wage and overtime rules, must be addressed in local assembler employment contracts.
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North Dakota law limits non-compete agreements in employment contracts more strictly than many other states, requiring justification and reasonableness.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for assemblers in North Dakota?
A: No, written contracts are not strictly required, but having one helps clarify terms and legal responsibilities for both parties.
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Q: Can an assembler’s contract include a non-compete clause in North Dakota?
A: Non-compete clauses are allowed only under narrow circumstances and must be reasonable; many are unenforceable in North Dakota.
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Q: Which governing law should be stated in the contract?
A: North Dakota law should be specified as the governing law to ensure compliance with all relevant state employment regulations.
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North Dakota Assembler Employment Contract
This North Dakota Assembler Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).
1. Employment
- Option A: Employer hereby employs Employee as a full-time Assembler.
- Option B: Employer agrees to employ Employee, and Employee agrees to be employed by Employer, subject to the terms and conditions set forth in this Agreement.
2. Position
- Position Title: Assembler (Full-Time)
- Description: The Employee will perform assembly line work in a North Dakota manufacturing environment, including:
- Reading and interpreting blueprints and technical drawings.
- Using manual and power tools.
- Assembling mechanical or electronic components.
- Performing quality control inspections.
- Adhering to workplace safety standards.
- Physical Requirements:
- Lifting up to [Weight Limit] pounds.
- Standing for extended periods.
- Performing repetitive motion tasks.
- Strict adherence to production schedules.
- Required Certifications/Skills:
- Option A: None.
- Option B: [Specific Certifications/Skills, e.g., Forklift Operation, Soldering].
- Training/Apprenticeship:
- Option A: None.
- Option B: Employee will participate in a [Duration] training/apprenticeship program.
3. Work Location
- Primary Worksite: [Plant/Facility Name and Address] in [City, North Dakota].
- Multi-Site Work/Temporary Assignments:
- Option A: Not applicable.
- Option B: Employee may be required to work at other facilities located in [City, e.g., Fargo or Grand Forks].
4. Employment Classification and Hours
- Classification: Non-exempt full-time employee.
- Normal Weekly Hours: [Number] hours per week.
- Shift:
- Option A: Fixed shift [Shift Time].
- Option B: Rotating shifts.
- Overtime: Overtime will be compensated at 1.5 times the regular hourly rate for hours worked exceeding 40 in a workweek, in accordance with N.D.C.C. § 34-06-04.
- Breaks: Employee is entitled to a 30-minute unpaid break if the shift exceeds 5 hours, upon employee request, per N.D.C.C. § 34-06-04.1.
5. Working Conditions
- Compliance: Employer will comply with all applicable occupational safety standards, including the OSH Act and North Dakota Department of Labor safety regulations.
- PPE: Employer will provide and Employee is required to use personal protective equipment (PPE) as needed.
- Hazardous Materials: Employee will follow procedures for chemical or hazardous material handling.
- Safety Drills: Employee will participate in required safety drills and/or safety committee meetings.
6. Supervision and Reporting
- Supervisor: [Shift Supervisor/Lead Assembler Name].
- Reporting: Employee will report directly to [Shift Supervisor/Lead Assembler Name].
- Team Collaboration: Employee is expected to collaborate with team members and participate in shift handoffs.
7. Compensation
- Wage: [Hourly Rate] per hour.
- Payment Frequency: [Frequency, e.g., Bi-weekly].
- Payment Method: [Method, e.g., Direct Deposit].
- Withholdings: All applicable federal, North Dakota state tax, and FICA withholdings will be deducted from wages.
- Shift Differential/Premium Pay:
- Option A: Not applicable.
- Option B: Employee will receive a [Amount] shift differential for [Specific Shift].
8. Bonuses and Incentives
- Performance Bonus:
- Option A: Not applicable.
- Option B: Employee is eligible for a performance bonus based on [Metrics].
- Attendance/Safety Incentive:
- Option A: Not applicable.
- Option B: Employee is eligible for an attendance/safety incentive based on [Criteria].
- Profit Sharing:
- Option A: Not applicable.
- Option B: Employee is eligible to participate in the Employer’s profit-sharing plan.
9. Benefits
- Health Insurance: [Describe Coverage].
- Vision Insurance: [Describe Coverage].
- Dental Insurance: [Describe Coverage].
- Paid Vacation: [Accrual Policy].
- Paid Sick Leave: [Accrual Policy].
- Paid Holidays: Employer recognizes the following North Dakota legal holidays: [List of Holidays].
- Short-Term Disability: [Describe Coverage].
- Retirement Plan: [Describe Plan, e.g., 401(k)].
- Relocation Assistance:
- Option A: Not applicable.
- Option B: [Describe Assistance].
- Training/Upskilling Programs:
- Option A: Not applicable.
- Option B: Employee is eligible for training or upskilling programs for advanced assembly certifications.
10. Wage Access, Deductions, and Final Payment
- Earned Wage Access: [Describe policy or state "Not applicable"].
- Wage Deductions: Wage deductions will only be made as legally permitted.
- Final Payment: Upon separation, Employee will receive final wage payment by the next regular payday, per N.D.C.C. § 34-14-03.
11. Confidentiality
Employee agrees to maintain the confidentiality of proprietary assembly processes, trade secrets, technical drawings, inventory data, and customer or supplier information. This obligation survives termination of employment.
12. Inventions Assignment
Any improvements, processes, or inventions related to the Employee’s work developed during employment belong to the Employer.
13. Moonlighting and External Work
Employee may not engage in outside employment that conflicts with the Employer’s production interests, safety protocols, or involves competitors or confidential data.
14. Behavioral Expectations
- Timeliness and Attendance: Employee is expected to be punctual and maintain regular attendance.
- Workplace Attire: Employee must adhere to the Employer’s dress code, including the use of required PPE and uniforms.
- Substance Abuse Policy: Employer maintains a drug-free workplace, following North Dakota’s lawful workplace drug testing statutes.
- Anti-Harassment/Anti-Bullying: Employer prohibits harassment and bullying based on federally and state-protected criteria, including gender, race, disability, age, and marital status.
- Reporting: Employee should report workplace grievances in compliance with the North Dakota Human Rights Act.
15. Probationary Period
- Option A: Not applicable.
- Option B: Employee will complete an initial [Duration, e.g., 90-day] probationary period.
- Criteria for passing: [Describe Criteria].
- Eligibility for regular employment status and benefit vesting will be determined upon successful completion of the probationary period.
16. Shift Swapping and Overtime
- Shift Swapping: Shift swapping must be requested and approved in advance according to company policy.
- Overtime: Voluntary and involuntary overtime assignments will be made according to company policy.
- Callback Assignments: Callback assignments during emergencies or surges in production will be made according to company policy.
17. At-Will Employment
- Employee’s employment is at-will, consistent with North Dakota law.
- Notice Requirements:
- Employee Resignation: [Number] days’ written notice.
- Employer Discharge: [Number] days’ written notice or pay in lieu thereof, unless terminated for cause.
- Company Property Return: Upon termination, Employee must return all company property, including tools, PPE, and badges.
18. Non-Compete and Non-Solicitation
Non-compete agreements are generally prohibited in North Dakota per N.D.C.C. § 9-08-06. Any customer non-solicitation provisions must be narrowly tailored and legally permissible.
19. Workers’ Compensation
Employer complies with North Dakota Workers’ Compensation (N.D.C.C. Title 65). Employee will report workplace injuries according to the Employer’s accident investigation procedures.
20. Workplace Search and Monitoring
Employer reserves the right to conduct workplace searches and monitoring, consistent with North Dakota privacy expectations.
21. Training and Education
Employee will participate in annual safety and compliance training, ergonomics instruction, and ongoing education related to North Dakota manufacturing hazards.
22. Dispute Resolution
Disputes will be resolved through internal complaint procedures, mediation, and optional arbitration. North Dakota law and venue shall apply for any legal proceedings.
23. Required Notices
Required posters and notices (wage, FMLA, OSHA, anti-discrimination) are available in work areas. Employee is responsible for reviewing such material.
24. Compliance with Laws
This Agreement complies with all applicable federal and North Dakota labor, occupational safety, and wage-hour regulations.
25. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
26. Amendment
This Agreement may be amended 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]
By: [Name of Employer Representative]
Title: [Title of Employer Representative]
[Employee Name]
Signature: ____________________________