North Dakota software developer employment contract template

North Dakota Software Developer Employment Contract

This Full-Time Software Developer Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Name], a [State] 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, and Employee hereby accepts employment with Employer, as a Software Developer.
• Option B: This is a contract for employment as a Software Developer. The terms and conditions of this contract are governed by the laws of the State of North Dakota.

2. Position and Duties

• The Employee’s position is Software Developer.
• The Employee will perform the following essential duties:
  • Writing, testing, and debugging software code.
  • Designing, implementing, and maintaining applications.
  • Performing code review using common version control systems (e.g., Git).
  • Developing in specified programming languages (e.g., Python, Java, C#).
  • Database design, system integration, software documentation.
  • Secure coding practices, system optimization, and compliance with coding standards.
  • Participating in agile/scrum meetings, sprint planning, and technical team collaborations.
• The Employee will report to [Supervisor Name/Technical Lead Name].
• Option A: The Employer may modify the Employee's duties to meet changing business needs.
• Option B: Any modifications to the Employee's job description will be provided in writing.

3. Work Location

• Option A: The Employee's primary work location is the Employer’s office at [Employer Address] in North Dakota.
• Option B: The Employee will work remotely within the State of North Dakota. Employee must comply with North Dakota data privacy and security requirements.
  • The Employer will provide [List company hardware provided].
  • Employee agrees to use Employer provided VPN.
• Option C: Hybrid work arrangement as determined by management.

4. Full-Time Status and Hours

• The Employee’s position is full-time, requiring approximately 40 hours per week.
• Option A: Core business hours are from [Start Time] to [End Time], Monday through Friday.
• Option B: Employee may have a flexible schedule, subject to management approval.
• Option C: Overtime: [Overtime Eligible/Ineligible].
• Employee will accurately track and report hours worked as directed by the Employer. Employee will receive statutory meal/rest breaks as required by North Dakota law.

5. Compensation

• Option A: The Employee’s base salary is [Salary Amount] per year, payable [Payment Frequency, e.g., bi-weekly].
• Option B: The Employee’s hourly wage is [Hourly Wage Amount] per hour, payable [Payment Frequency, e.g., bi-weekly].
• Payments will be made via [Payment Method, e.g., direct deposit].
• Option A: Bonus: The Employee may be eligible for a performance-based bonus, the terms of which are outlined in the Employer’s bonus plan.
• Option B: Profit-Sharing: The Employee may be eligible for profit-sharing, according to the terms of the profit-sharing plan.
• Option C: Stock Options: The Employee may be eligible for stock options, subject to a separate stock option agreement.
• All payments are subject to applicable withholdings as required by law, including North Dakota state income tax.

6. Benefits

• The Employee is eligible to participate in the following benefits programs, subject to the terms and conditions of each plan:
  • Medical Insurance: [Medical Coverage Available/Not Available]. The employer will contribute [Employer Contribution Amount] to group health insurance.
  • Dental Insurance: [Dental Coverage Available/Not Available].
  • Vision Insurance: [Vision Coverage Available/Not Available].
  • Long-Term Disability Insurance: [Long-Term Disability Available/Not Available].
  • 401(k) or other retirement plan: [Retirement Plan Available/Not Available].
  • Paid Time Off (PTO): [Number] vacation days and [Number] sick days per year. Employer also observes [List Observed Holidays] as statutory holidays in North Dakota.
  • Family/Medical Leave: Subject to applicable state and federal laws.
  • Option A: Technology Stipend: [Stipend Amount] per month.
  • Option B: Professional Development Reimbursement: Up to [Reimbursement Amount] per year.
  • Option C: Relocation Support: [Relocation Support Details].
• The Employer reserves the right to modify its benefits programs at any time.

7. Intellectual Property

• All code, software, documentation, inventions, or related deliverables developed by the Employee during the course of employment are “works made for hire” and remain the sole and exclusive property of the Employer.
• The Employee agrees to promptly disclose and assign all inventions to the Employer.
• Any open-source contributions require prior written approval from the Employer.
• This agreement is subject to North Dakota law regarding employee inventions.

8. Confidentiality and Non-Disclosure

• The Employee agrees to maintain the confidentiality of all Employer’s confidential information, including but not limited to source code, algorithms, business logic, customer data, and trade secrets.
• This obligation extends to all information protected under the North Dakota Uniform Trade Secrets Act.
• This confidentiality obligation survives the termination of this Agreement.

9. Outside Activities

• Option A: The Employee shall not engage in any external paid or unpaid work, hackathons, or open-source contributions without prior written permission from the Employer.
• Option B: The Employee may participate in open-source projects provided such projects do not compete with Employer's business and are approved in writing by Employer in advance.

10. Acceptable Use and IT Security

• The Employee agrees to comply with the Employer’s acceptable use and IT security policies, including using company-approved development tools, securely handling test/live data, and refraining from introducing malicious code or unauthorized software.
• The Employee will participate in mandatory security training as required by the Employer.

11. Behavioral Standards

• The Employee will maintain professional conduct, including clear technical communication, constructive feedback in code reviews, prompt bug reporting, and adherence to the Employer’s software development lifecycle methodologies.

12. Non-Solicitation and Non-Competition

• Non-Solicitation: During employment and for [Number] months following termination, the Employee agrees not to solicit employees or clients of the Employer.
• Non-Competition: The Employee understands that, under North Dakota law, non-compete agreements are generally void except in connection with the sale of a business. Therefore, this section is included with the understanding that it is enforceable only to the extent permitted by North Dakota law.

13. At-Will Employment

• The Employee’s employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable North Dakota law.
• Option A: [Number] days’ notice is required for termination by either party.
• Upon termination, the Employee will promptly return all company property.
• The Employer will provide a final wage payment in accordance with North Dakota law.

14. Dispute Resolution

• Any disputes arising out of or relating to this Agreement will be resolved first through direct negotiation.
• If negotiation fails, the parties agree to attempt mediation or arbitration in [City, North Dakota].
• This Agreement is governed by the laws of the State of North Dakota.

15. Compliance

• The Employer complies with all applicable North Dakota statutory requirements for workplace safety, workers’ compensation coverage, and equal employment opportunity.
• The Employer maintains a safe and healthy workplace in compliance with OSHA regulations.
• The Employer is committed to providing a workplace free from discrimination and harassment based on race, color, religion, sex, national origin, age, disability, or any other characteristic protected by the North Dakota Human Rights Act.
• The Employer is committed to providing Anti-Harassment Training.

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

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Name]

[Employee Signature]