North Dakota cook employment contract template
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How North Dakota cook employment contract Differ from Other States
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North Dakota is an at-will employment state, allowing employers to terminate cooks without cause unless otherwise specified.
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State-specific wage and hour laws may differ; North Dakota has distinct minimum wage requirements for cooks compared to some states.
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North Dakota mandates break periods for shifts over a specified length, which may not be required in other states’ cook contracts.
Frequently Asked Questions (FAQ)
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Q: Is a written cook employment contract required in North Dakota?
A: No, a written contract is not required, but a written agreement helps clarify terms and protect both parties.
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Q: Are non-compete clauses enforceable in North Dakota cook employment contracts?
A: Non-compete clauses are generally not enforceable in North Dakota, with very limited exceptions under state law.
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Q: What are the minimum wage requirements for cooks in North Dakota?
A: Cooks in North Dakota must be paid at least the state minimum wage or higher if mandated by federal law or individual agreements.
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North Dakota Cook Employment Contract
This Cook Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Employer Legal Name], a [State of Incorporation] [Entity Type] with its principal place of business at [Employer Address], North Dakota (the “Employer”), and [Employee Legal Name], residing at [Employee Address], North Dakota (the “Employee”).
1. Position:
- Option A: The Employer hires the Employee as a full-time Cook.
- Option B: The Employer hires the Employee as a part-time Cook.
- The Employee accepts employment and agrees to perform the duties and responsibilities as outlined below.
2. Job Responsibilities:
- Food Preparation:
- Preparing ingredients, including washing, peeling, chopping, and measuring.
- Cooking:
- Cooking menu items according to standardized recipes and adhering to food safety standards.
- Option A: Cooking specific menu items designated by the Head Chef.
- Option B: Preparing all menu items during assigned shift.
- Presentation:
- Presenting food in an appealing and appetizing manner.
- Cleanliness and Sanitation:
- Maintaining a clean and sanitary work environment, including cleaning and sanitizing equipment and workstations.
- Inventory Management:
- Assisting in managing inventory of ingredients and supplies.
- Food Handling:
- Complying with safe food handling procedures as required by the North Dakota Department of Health.
- Equipment Maintenance:
- Maintaining and cleaning kitchen equipment.
- Waste Disposal:
- Properly disposing of food waste according to local standards.
- Allergies and Dietary Needs:
- Accommodating allergy and dietary restrictions.
- Restaurant Policies:
- Following all restaurant policies and procedures.
- Menu Development:
- Option A: Assisting in menu development (if required).
- Option B: No menu development responsibilities.
3. Work Location:
- The primary work location will be at [Restaurant Name], located at [Restaurant Address], North Dakota.
- Option A: The Employee may be assigned to other designated locations or events, such as catering events.
- Option B: The Employee will only work at the primary work location.
4. Work Schedule:
- The Employee's full-time status requires a minimum of [Number] hours per week. (Typically 35-40 hours).
- The specific daily/weekly shift schedule will be determined by the Employer.
- The Employee may be required to work evenings, weekends, and holidays.
- Meal and rest breaks will be provided in accordance with employer policy and applicable laws. North Dakota does not mandate meal/rest breaks for adult workers, but the following policy applies: [Employer's Meal and Rest Break Policy].
5. Reporting Structure:
- The Employee will report to [Reporting Authority, e.g., Sous Chef, Head Chef, Restaurant Manager].
- The Employee is expected to work collaboratively with other cooks and kitchen staff.
6. Probationary Period:
- Option A: The Employee will be subject to a probationary period of [Number] days.
- Option B: There is no probationary period.
- During the probationary period, the Employee's performance will be reviewed, and they will receive training in local health and safety protocols.
7. Compensation:
- Option A: The Employee's hourly wage will be [Dollar amount] per hour.
- Option B: The Employee's annual salary will be [Dollar amount] per year.
- The Employee will be paid via [Payment Method, e.g., cash, check, direct deposit] on a [Pay Frequency, e.g., biweekly] basis.
- Overtime will be paid at 1.5 times the regular rate for hours worked over 40 per week, in accordance with the Fair Labor Standards Act (FLSA).
- Option A: The Employee will participate in tip pooling/sharing.
- The tip policy is as follows: [Tip Policy Details].
- Option B: The Employee will not participate in tip pooling/sharing.
- Option A: A shift differential of [Dollar amount] will be paid for late-night/holiday work.
- Option B: No shift differential will be paid.
- Option A: A bonus/incentive structure is in place, as follows: [Bonus/Incentive Details].
- Option B: There is no bonus or incentive structure.
8. Benefits:
- Option A: The Employer offers health insurance.
- The health insurance options are as follows: [Health Insurance Details].
- Option B: The Employer does not offer health insurance.
- Option A: The Employee will receive [Number] days of paid vacation/holidays.
- The following holidays are paid: [List of Paid Holidays, e.g., Independence Day, Thanksgiving].
- Option B: The Employee will not receive paid vacation/holidays.
- Option A: The Employee will receive [Number] days of paid sick leave.
- Option B: The Employee will not receive paid sick leave.
- Option A: The Employee will receive a meal allowance or staff meals, as follows: [Meal Allowance/Staff Meals Details].
- Option B: The Employee will not receive a meal allowance or staff meals.
- Option A: The Employer will provide/reimburse for uniforms and/or equipment.
- Option B: The Employee is responsible for providing their own uniforms and/or equipment.
- Option A: The Employer will provide transportation/parking stipends, as follows: [Transportation/Parking Stipend Details].
- Option B: The Employer will not provide transportation/parking stipends.
- Option A: The Employer will reimburse for professional culinary training or certification (e.g., ServSafe).
- The reimbursement policy is as follows: [Reimbursement Policy Details].
- Option B: The Employer will not reimburse for professional culinary training or certification.
9. Workplace Health and Safety:
- The Employee must strictly adhere to the North Dakota Food Code.
- The Employee will participate in regular sanitation training.
- The Employee must follow injury and illness reporting protocols.
- The Employee will have access to protective equipment (gloves, aprons, etc.).
- The Employee must comply with OSHA standards relevant to restaurant environments.
10. Confidentiality:
- The Employee agrees to maintain the confidentiality of proprietary recipes, methods, supplier lists, and unreleased menu items.
- This obligation continues even after the termination of employment.
11. Intellectual Property:
- Any new recipes, menu contributions, process improvements, or food-related innovations developed by the Employee during their employment shall be the property of the Employer.
12. Behavioral Standards:
- The Employee must maintain high standards of hygiene and grooming.
- The Employee must be punctual.
- The Employee must use kitchen equipment and cleaning agents responsibly.
- The Employer has a zero-tolerance policy for workplace harassment, discrimination, substance abuse, or violence, in accordance with North Dakota anti-discrimination statutes.
- The Employee must interact with guests and colleagues professionally and respectfully.
13. Conflicts, Grievances, and Discipline:
- The Employer follows North Dakota's at-will employment doctrine.
- Grounds for immediate termination include serious food safety violations or workplace violence.
- The process for issuing warnings, performance improvement plans, and termination will be followed.
- Final pay will be provided within 15 days or on the next regular payday, as required by North Dakota law.
- The Employee must return all uniforms and property.
- The Employee may request employer references.
14. Licensing and Certification:
- The Employee must obtain and maintain any required food handler or manager certificates.
- Failure to maintain required certifications may result in termination.
15. Outside Employment and Competition:
- Due to North Dakota law, broad non-compete clauses are generally unenforceable.
- The Employee is prohibited from disclosing confidential information and soliciting employees or customers for a period of [Number] months after termination.
16. Right to Organize:
- The Employee has the right to organize or join a labor union, if they choose.
- Option A: This Agreement is subject to a collective bargaining agreement.
- The collective bargaining agreement is with [Union Name].
- Option B: This Agreement is not subject to a collective bargaining agreement.
17. Dispute Resolution:
- Any disputes arising from this Agreement shall be resolved through good-faith internal resolution, followed by mediation or arbitration in [City], North Dakota, under North Dakota law.
18. Workers' Compensation:
- The Employee is covered by the Employer's workers' compensation insurance in accordance with North Dakota law.
- The Employee must report any workplace injuries or illnesses to the Employer immediately.
19. Compliance with Laws:
- The Employer complies with all applicable federal and North Dakota wage and hour laws and anti-discrimination protections.
- The Employer is committed to a respectful and inclusive workplace.
20. Modification:
- All terms of this agreement (hours, pay, duties, benefits) are subject to change by the Employer with written notice to the Employee, in accordance with North Dakota law.
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 Legal Name]
Date: [Date]