North Dakota HR assistant employment contract template

North Dakota HR Assistant Employment Contract

This Employment Contract ("Agreement") is made and entered into as of [Date] by and between [Employer Full Legal Name], a [State of Incorporation] corporation with a principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

Recitals

• Employer desires to employ Employee as a full-time HR Assistant.
• Employee desires to be employed by Employer as a full-time HR Assistant.
• Employer operates within the State of North Dakota.

1. Employment

• Option A: Employer hereby employs Employee as a full-time HR Assistant, and Employee hereby accepts such employment.
• Option B: Employer will employ Employee in the position of HR Assistant. The Employee agrees to be employed in said position.
• Option C: The employer offers and the employee accepts full time employment as a HR Assistant.

2. Job Title and Responsibilities

• The Employee’s job title shall be HR Assistant.
• The Employee's responsibilities include, but are not limited to:
  • Staff onboarding and offboarding coordination.
  • Benefits enrollment and communication.
  • Timekeeping and payroll data collection support.
  • Organization and maintenance of confidential personnel records.
  • Maintaining and safeguarding employee files in accordance with North Dakota privacy regulations.
  • Tracking compliance with state-mandated labor posters and workplace safety notices.
  • Scheduling and supporting performance review processes.
  • Assistance with internal investigations and documentation of workplace incidents according to North Dakota and federal standards.
  • Accurate recordkeeping for compliance with the North Dakota Public Employees Relations Act (if public employer).
  • Processing I-9s and E-Verify checks.
  • Coordinating workers’ compensation claims in compliance with North Dakota Workers’ Compensation laws.
  • Providing up-to-date HR data to management as required.
• Option A: Other duties as assigned by [Immediate Supervisor Name/Title].
• Option B: Tasks and responsibilities will be updated from time to time.

3. Required Skills and Qualifications

• Proficiency with HRIS/payroll platforms commonly used in North Dakota (e.g., [List Specific Platforms]).
• Knowledge of state and federal labor law compliance.
• Knowledge of North Dakota-specific reporting tools.
• Training in local workplace safety practices.
• Option A: [List any other specific skills]
• Option B: Must maintain certifications as required.

4. Reporting Structure and Authority

• The Employee will report directly to [Immediate Supervisor Name/Title].
• Clarification of immediate supervisor: [Name/Title].
• Authority limits: [Describe limits, e.g., no independent authority to approve pay raises or disciplinary actions].
• Escalation policies: [Describe how issues are escalated].
• Level of access to confidential employee data: [Describe what level of access the employee will have].

5. Work Location

• The primary work location will be [Employer's Designated Address].
• Option A: Remote work is permitted according to the Employer's remote work policy.
• Option B: This is not a remote-eligible position.
• Option C: Hybrid work arrangement with [Number] days in office and [Number] days remote, subject to change.

6. Employment Type and Hours

• Employment type: Full-time.
• Standard weekly hours: [Number] hours per week.
• Working days: [List Days of the Week].
• Shift expectations: [Specify shift times].
• Rest and meal breaks: While North Dakota does not mandate meal or rest breaks, the employer provides: [Describe employer policy, e.g., 30-minute unpaid meal break and two 15-minute paid rest breaks].

7. Overtime

• Overtime eligibility: [Exempt or Non-Exempt].
• Overtime pay: For non-exempt employees, overtime will be paid at a rate of one and one-half (1.5) times the regular hourly rate for all hours worked over 40 in a workweek.
• Requirement for advance approval: Overtime must be approved in advance by [Immediate Supervisor Name/Title].
• Timekeeping method: [Describe timekeeping method, e.g., electronic timecard system].

8. Compensation

• Hourly wage/Annual salary: [Dollar Amount] per [Hour/Year].
• Method and frequency of payment: [Direct Deposit/Paper Check], paid [Bi-weekly/Monthly].
• Compliance with North Dakota's minimum wage: The compensation meets or exceeds North Dakota's minimum wage requirements.
• Handling of payroll errors or wage disputes: Any payroll errors or wage disputes will be addressed in accordance with North Dakota law.

9. Benefits

• Eligibility and enrollment requirements for:
  • Health, dental, and vision insurance: [Describe eligibility, enrollment timelines, and contribution details].
  • Retirement plans: [Describe 401(k) or other retirement plan details, including employer match].
  • Paid time off (vacation, sick leave, personal days): [Describe accrual rates, carryover policies, and usage guidelines].
  • North Dakota recognized holidays: [List recognized holidays].
  • Short- and long-term disability: [Describe eligibility and coverage details].
  • Workers’ compensation coverage: Coverage is provided as required by North Dakota Workers' Compensation laws.
  • Tuition reimbursement/training stipends: [Describe eligibility, maximum amounts, and approved courses].
• All benefits are subject to change based on Employer policy and North Dakota legal requirements.

10. Confidentiality

• Employee agrees to maintain the confidentiality of all sensitive employee data, including personnel files, investigation information, and wage data.
• Compliance with HIPAA (if applicable): Employee will comply with all applicable HIPAA regulations regarding protected health information.
• Compliance with GDPR/CCPA (if applicable): If applicable, Employee will comply with GDPR/CCPA regulations regarding personal data.
• Employee agrees not to disclose any confidential information, including HR policies, procedures, manuals, and templates, to any third party during or after employment.
• Intellectual property created by Employee related to HR functions during employment is the exclusive property of the Employer.
• Option A: Employee will sign a separate confidentiality agreement.
• Option B: No additional confidential agreement required.

11. Conflict of Interest

• Employee agrees to notify Employer of any relationship or activity that could create a conflict of interest with their HR duties.
• This includes any relationship with an employee or vendor of the Employer that could affect their neutrality or access to sensitive information.

12. Conduct and Behavioral Standards

• Employee agrees to maintain impartiality, accuracy, and respectful communication in all HR interactions.
• Employee agrees to comply with the Employer's code of ethics and all applicable anti-harassment/anti-discrimination laws in North Dakota.

13. Anti-Discrimination and Equal Employment Opportunity

• Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, marital status, or any other protected characteristic under North Dakota or federal law.
• Employee agrees to comply with all applicable North Dakota and federal employment laws, including regular training on changes or updates in state human rights law.

14. Employment At-Will

• Employment is at-will, meaning either the Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to any company-specific notice requirements below.
• Option A: The company requires 2 weeks notice for resignation.
• Option B: The company reserves the right to terminate employee at any time.
• Return of company property: Upon termination, Employee agrees to return all company property, including laptops, mobile phones, and documents.
• Exit interview: Employee agrees to participate in an exit interview upon termination.

15. Termination

• Grounds for immediate termination: Breach of confidentiality, falsification of records, gross misconduct, or criminal acts under North Dakota law.
• Process for documenting performance concerns or disciplinary actions: [Describe the process].

16. Final Pay

• Final wages will be paid on the regular payday following termination, in compliance with North Dakota law.
• Accrued unused PTO will be paid out if company policy so provides. [State if PTO is paid out].
• Severance arrangements: [State if there is a severance arrangement and detail terms or state no severance is offered].
• Employee has the right to file for unemployment benefits under North Dakota Century Code.

17. Dispute Resolution

• Any disputes arising from this Agreement or employment will be subject to:
  • Option A: Internal review, followed by mediation within North Dakota.
  • Option B: Binding arbitration within North Dakota.
  • Option C: Court jurisdiction within the State of North Dakota
• Jurisdiction and choice of law: This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota.

18. Safety and Health

• Employee agrees to comply with all applicable North Dakota Occupational Safety and Health (NOSHA) rules.
• Employee agrees to promptly report any workplace injuries, adhere to safety protocols, and participate in mandatory safety trainings.

19. Non-Compete (If Applicable - Use with Caution and Consult Counsel)

Note: North Dakota law significantly restricts non-compete agreements, particularly for hourly employees or those earning below certain salary thresholds. If a non-compete is included, it must be narrowly tailored and justified by legitimate business interests. This is rarely applicable to HR Assistant roles.

• Option A: Employee agrees not to compete with Employer for a period of [Number] months following termination of employment within [Specify geographic area] with regard to [Specify types of services/products].
• Option B: Not applicable.

20. Drug and Alcohol Testing

Note: North Dakota has specific requirements for drug and alcohol testing. Any testing policy must comply with state notification, consent, and confidentiality requirements.

• Option A: Employee may be subject to drug and alcohol testing in accordance with Employer's policy and North Dakota law.
  • Details of the policy are outlined in the employee handbook.
• Option B: Employer does not conduct drug and alcohol testing.

21. Mandated Reporting

Employee acknowledges their potential obligation to report suspected child or vulnerable adult abuse under North Dakota law, if applicable to the workplace.

22. Acknowledgment

Employee acknowledges receipt of the employee handbook, codes of conduct, complaint reporting mechanisms, and whistleblower protections afforded by North Dakota law.

23. Policy Changes

Employer reserves the right to revise or update policies, with notification processes specified in the employee handbook or through other communication methods.

24. Entire 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.

25. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

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

____________________________
[Employer Full Legal Name]

By: ____________________________
[Employer Representative Name]

Title: [Employer Representative Title]

____________________________
[Employee Full Legal Name]