North Dakota maintenance technician employment contract template
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How North Dakota maintenance technician employment contract Differ from Other States
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North Dakota follows at-will employment but requires written notice for specific terminations defined by state law.
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Wage payment frequencies and final paycheck rules in North Dakota may differ from other states, mandating prompt payment.
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State laws in North Dakota mandate specific disclosures regarding workplace safety and hazardous materials in employment contracts.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract required for maintenance technicians in North Dakota?
A: No, a written contract is not legally required but is highly recommended to clearly define employment terms and conditions.
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Q: What are the notice requirements for termination in North Dakota?
A: North Dakota is an at-will state. However, certain terminations require written notice as mandated by state law.
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Q: Are employers in North Dakota required to include workplace safety clauses?
A: Yes, North Dakota law requires contracts to disclose information relating to workplace safety and hazardous materials.
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North Dakota Maintenance Technician Employment Contract
This North Dakota Maintenance Technician Employment Contract (the “Agreement”) is made and entered into as of this [Date, e.g., 2024-10-27] by and between:
[Employer Legal Name], a [State, e.g., North Dakota] [Entity Type, e.g., Corporation], with its principal place of business at [Employer Address] (“Employer”),
and
[Employee Full Legal Name], residing at [Employee Address] (“Employee”).
Position
The Employer hires the Employee as a full-time Maintenance Technician ([Level/Classification, e.g., Level I]).
Job Duties:
- Equipment repair and maintenance.
- Preventative maintenance on equipment and systems.
- Facility upkeep, including general repairs and maintenance.
- Troubleshooting mechanical, electrical, and plumbing systems.
- Responding to work orders in a timely manner.
- Maintaining building systems (HVAC, plumbing, electrical, structural).
- Performing emergency repairs as needed.
- Using specialized diagnostic and repair tools.
- Conducting safety inspections.
- Documenting and logging all repairs and maintenance activities.
- Ordering supplies and parts as needed.
- Working with hazardous materials or chemicals, adhering to safety protocols.
- Relevant reporting and communication responsibilities to [Reporting Title].
Qualifications & Training
Employee possesses and will maintain the following required certifications and training:
- Option A: [Certification Type, e.g., EPA Section 608 Certification]
- Option B: [Certification Type, e.g., Electrical Certification]
- Option C: [Training Type, e.g., Lockout/Tagout Training]
Employee possesses the following licenses or registrations:
- Option A: [License Type, e.g., Journeyman Electrician License] (License Number: [License Number], Expiration Date: [Expiration Date])
- Option B: [License Type, e.g., HVAC License] (License Number: [License Number], Expiration Date: [Expiration Date])
Job Requirements
Employee must be able to:
- Lift up to [Weight in Pounds, e.g., 50] pounds.
- Use ladders and work at heights.
- Work in confined spaces.
- Wear appropriate Personal Protective Equipment (PPE).
- Perform shift work, weekend work, and on-call duties as required.
Reporting Structure
Employee will report directly to [Supervisor Name], [Supervisor Title].
Work Location
Primary Work Location: [Address or Location Description, e.g., 123 Main Street, Fargo, ND]
Secondary Work Location (if applicable): [Address or Location Description, e.g., Various client sites in Grand Forks, ND]
Travel Requirements:
- Option A: No travel required.
- Option B: Occasional travel within [Geographic Area, e.g., Cass County] may be required. Mileage will be reimbursed at the IRS standard rate.
Employment Type & Hours
This is a full-time employment position.
Work Schedule:
- Option A: Fixed hours: [Start Time] to [End Time], [Days of the Week]
- Option B: Flexible hours, but Employee must work a minimum of [Number] hours per week.
Minimum hours per week: [Number]
Maximum hours per week: [Number]
Overtime: Overtime will be paid at a rate of one and one-half (1.5) times the Employee’s regular hourly rate for all hours worked over forty (40) in a workweek, in accordance with North Dakota law.
Meal and Rest Breaks: Employee is entitled to meal and rest breaks as required by North Dakota law.
Compensation
Base Salary:
- Option A: Hourly rate of [Dollar Amount] per hour.
- Option B: Annual salary of [Dollar Amount] per year, paid [Pay Frequency, e.g., bi-weekly].
Overtime Pay: One and one-half (1.5) times the regular hourly rate for all hours worked over 40 in a workweek.
Method of Pay: [Pay Method, e.g., Direct Deposit]
Pay Frequency: [Pay Frequency, e.g., Bi-weekly]
Payroll Deductions: Standard payroll deductions for taxes, Social Security, Medicare, and other legally required deductions.
Additional Compensation:
- Option A: Eligibility for performance-based raises and/or bonuses at the discretion of the Employer.
- Option B: Bonus of [Dollar Amount] for emergency call-outs.
- Option C: Shift differential of [Dollar Amount] per hour for [Shift, e.g., night] shifts.
Benefits
Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
- Group Health Insurance.
- Dental Insurance.
- Vision Insurance.
- Workers’ Compensation Coverage (as required by North Dakota law).
- Retirement Savings/PERS Plan: [Plan Details].
- Paid Vacation: [Number] days per year, accruing at [Accrual Rate].
- Paid Sick Leave: [Number] days per year, accruing at [Accrual Rate], in accordance with North Dakota law.
- Paid Holidays: [List of Holidays] (as recognized by North Dakota).
- Uniform/Boot/Tool Stipend: [Dollar Amount] per [Time Period, e.g., year].
- Technical Licensing or Certification Reimbursement: Reimbursement for eligible expenses upon successful completion.
- Company Vehicle: [Yes/No] (if yes, see Appendix A: Vehicle Use Policy).
- Company Phone: [Yes/No].
Waiting Period: Some benefits may be subject to a waiting period of [Number] days.
Occupational Safety
Employee shall comply with all applicable occupational safety standards, including those established by OSHA and adopted by North Dakota.
Employee will participate in regular safety training sessions.
Employee must report all incidents and accidents immediately.
Employee must use appropriate PPE at all times.
Employee must follow lockout/tagout procedures.
Employee must handle hazardous chemicals in accordance with safety data sheets (SDS) and applicable regulations.
Employee must follow emergency evacuation and fire system procedures.
Equipment
Employee is responsible for the proper use and maintenance of all Employer-owned equipment.
Employee must return all tools and property upon termination of employment.
Employee is [Permitted/Not Permitted] to use personal tools. Employer is not liable for damage or loss of personal tools.
Confidentiality
Employee agrees to maintain the confidentiality of all proprietary repair procedures, building security information, customer data, and other confidential information.
Intellectual Property
Any intellectual property developed by the Employee during the course of employment, including custom repair procedures, inventories, or technical documentation, shall be the sole property of the Employer.
Professional Conduct
Employee shall maintain professional conduct at all times, including ethical behavior, non-interference with security systems, timely completion of work orders, and respectful interaction with tenants, occupants, and colleagues.
Employee must report to work on time and maintain good attendance.
Reporting Workplace Issues
Employee must report any workplace concerns, near-misses, safety issues, equipment malfunctions, or suspected violations of company or state law to [Designated Contact/Department].
Vehicle Use (If Applicable)
If Employee is provided with a company vehicle, Employee must maintain a valid driver’s license and adhere to the Employer’s Vehicle Use Policy (Appendix A).
Anti-Harassment and Discrimination
The Employer maintains a strict policy against harassment and discrimination based on race, color, religion, sex, national origin, age, disability, or any other characteristic protected by North Dakota law. Employee must adhere to this policy.
Probationary Period
- Option A: There is a probationary period of [Number] days. Successful completion of the probationary period is contingent upon satisfactory performance.
- Option B: There is no probationary period.
At-Will Employment
This is an at-will employment agreement. The Employer or Employee may terminate the employment relationship at any time, with or without cause, subject to the notice provisions below.
Termination
Voluntary Resignation: Employee must provide [Number] days’ written notice of resignation.
Employer-Initiated Termination: The Employer may terminate the employment relationship at any time, with or without cause.
Final Wage Payment: Upon termination, the Employee will receive their final wage payment on the next regular payday, in accordance with North Dakota law.
Return of Property: Employee must return all Employer-owned property upon termination.
Grounds for Immediate Termination
- Violation of safety policies.
- Substance abuse while on duty.
- Theft or fraud.
- Gross misconduct.
Drug-Free Workplace
The Employer maintains a drug-free workplace. Employee may be subject to drug and alcohol testing as permitted by North Dakota law.
Unemployment and Workers’ Compensation
Employee is covered by North Dakota’s unemployment insurance and workers’ compensation programs.
Non-Compete/Non-Solicitation (Carefully review for ND compliance)
- Option A: Employee agrees not to compete with the Employer or solicit its customers for a period of [Number] months following termination of employment within [Geographic Area], as permitted by North Dakota law. This clause is limited to protecting confidential business information.
- Option B: There is no non-compete or non-solicitation agreement.
Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through internal complaint procedures, followed by mediation. If mediation is unsuccessful, the parties may pursue legal remedies in the state courts of North Dakota.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota.
Amendment
This Agreement may be amended only in writing, signed by both the Employer and the Employee.
Union Contract (If Applicable)
- Option A: This position is subject to the terms of a collective bargaining agreement between the Employer and [Union Name].
- Option B: This position is not subject to a collective bargaining agreement.
Employee Acknowledgement
Employee acknowledges receipt of the Employee Manual, Safety Procedures, and Code of Conduct.
Compliance with Law
All terms of this Agreement are subject to modification to ensure compliance with future changes in North Dakota labor law, health/safety statutes, or licensing requirements.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
Date: [Date]
[Employee Full Legal Name]
Signature: ____________________________
Date: [Date]
Witness (Optional):
[Witness Name]
Signature: ____________________________
Date: [Date]