Pennsylvania chef employment contract template
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How Pennsylvania chef employment contract Differ from Other States
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Pennsylvania has specific wage payment and collection laws that may differ from other states, impacting how chefs are compensated.
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The state requires unique food handler certifications and licenses for chefs, which must be reflected within employment contract terms.
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Non-compete and confidentiality clauses in Pennsylvania are subject to particular state judicial interpretations that can affect enforceability.
Frequently Asked Questions (FAQ)
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Q: Is a written chef employment contract required in Pennsylvania?
A: While not legally required, a written contract protects both employer and chef by clarifying responsibilities and terms.
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Q: Do Pennsylvania chef contracts need to mention specific licenses or certifications?
A: Yes, contracts should specify required state and local food safety certifications or licenses for compliance.
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Q: Are non-compete clauses fully enforceable in Pennsylvania chef contracts?
A: Non-compete clauses are enforceable only if reasonable in scope, duration, and geographic area under Pennsylvania law.
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Pennsylvania Chef Employment Contract
This Pennsylvania Chef Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Legal Name], a [State] [Entity Type, e.g., Corporation] with its principal place of business at [Employer Address], hereinafter referred to as "Employer," and [Employee Full Legal Name], residing at [Employee Address], hereinafter referred to as "Chef."
1. Position
Option A: The Employer hereby employs Chef as a full-time Chef.
Option B: The Employer hereby employs Chef as a part-time Chef.
2. Worksite
Option A: The primary worksite shall be located at [Restaurant Name], located at [Restaurant Address].
Option B: The Chef may be required to work at various locations owned or operated by the Employer, including but not limited to [Restaurant Name 1] at [Address 1], [Restaurant Name 2] at [Address 2], and off-site catering events.
3. Job Description
Option A: The Chef's duties and responsibilities shall include, but not be limited to:
- Menu planning and development, including seasonal menus and daily specials.
- Sourcing, ordering, and inventory management of ingredients.
- Supervision, training, and scheduling of kitchen staff.
- Preparation and cooking of all menu items.
- Plating and presentation of dishes.
- Operation and maintenance of kitchen equipment.
- Portion and waste control.
- Ensuring food quality and consistency.
- Maintaining kitchen cleanliness and sanitation standards in compliance with Pennsylvania Food Code.
- Cost management and budget adherence.
- Allergen awareness and management.
- Customer interaction as required.
- Preparation for special events and catering.
- Liaising with management and suppliers.
Option B: Refer to attached Job Description Addendum.
4. Certifications and Licenses
Option A: Chef must possess and maintain a valid ServSafe Food Protection Manager Certification.
Option B: Chef must possess and maintain a valid ServSafe Food Protection Manager Certification and a Pennsylvania RAMP certification if required to handle alcoholic beverages.
Renewal of certifications and licenses are the responsibility of the Chef and must be kept current throughout the employment term.
5. Employment Type and Hours
Option A: Full-time, exempt. The Chef's work schedule will consist of approximately [Number] hours per week. The Chef's specific schedule will be determined by the Employer and may vary based on the needs of the business.
Option B: Full-time, non-exempt. The Chef's work schedule will consist of approximately [Number] hours per week. Chef is entitled to overtime pay at a rate of one and one-half (1.5) times their regular rate of pay for all hours worked over 40 in a workweek, as per Pennsylvania and federal law.
Pennsylvania-mandated meal and rest breaks will be provided in accordance with applicable law.
The Employer will provide [Number] days advance notice of schedule changes, where practicable.
6. Compensation
Option A: The Chef's annual salary shall be [Dollar Amount], payable in bi-weekly installments.
Option B: The Chef's hourly wage shall be [Dollar Amount].
Option C: The Chef is eligible for a performance bonus based on [Bonus Criteria, e.g., achievement of food cost targets, positive customer feedback], as determined by the Employer. Details of the bonus structure are outlined in Exhibit A.
If applicable, tips will be allocated in accordance with federal and Pennsylvania tip credit laws. The Employer will adhere to all applicable legal requirements regarding tip pooling or sharing arrangements.
7. Benefits
Option A: The Chef is eligible for the following benefits:
- Health insurance
- Dental insurance
- Vision insurance
- [Number] days of paid vacation per year
- [Number] days of paid sick leave per year (if offered, in compliance with applicable Pennsylvania and local ordinances)
- Employee meals/meal discounts
- Uniform/Chef's clothing allowance of [Dollar Amount] per [Time Period]
- Professional development reimbursement up to [Dollar Amount] per year for culinary training or certifications.
Option B: No benefits are provided.
8. Workplace Conduct, Appearance, Health, and Safety
Option A: The Chef shall adhere to all workplace conduct, appearance, health, and safety standards as outlined in the Employee Handbook and the Pennsylvania Food Code.
The Chef is required to report any illness or condition that could potentially contaminate food.
The Chef is required to maintain high standards of personal hygiene.
9. Allergen Awareness
Option A: The Chef must comply with all allergen awareness and management procedures, including proper labeling of menu items and prevention of cross-contamination.
Option B: The Chef must successfully complete an allergen awareness training program as designated by the employer within [Number] days of employment.
10. Chain of Command
Option A: The Chef will report directly to the [Position, e.g., General Manager].
Option B: The Chef will oversee all kitchen staff and is responsible for their training, performance, and discipline.
11. Intellectual Property
Option A: All recipes, menu concepts, and culinary creations developed by the Chef during the term of this Agreement shall be the sole and exclusive property of the Employer.
Option B: The Employer grants the Chef a limited license to use Employer's recipes and methods solely for the purposes of performing the Chef's duties under this Agreement.
12. Confidentiality
The Chef shall maintain the confidentiality of all confidential information of the Employer, including but not limited to recipes, vendor contracts, pricing, and customer preferences.
13. Outside Employment
Option A: The Chef shall not engage in any outside employment or catering activities that conflict with their duties to the Employer.
Option B: The Chef must obtain prior written approval from the Employer before engaging in any outside employment or catering activities.
14. Social Media
Any social media posts related to the Employer or its business must be approved by the Employer prior to posting.
15. Background Checks
This offer of employment is contingent upon a satisfactory background check and reference checks.
16. Probationary Period
Option A: The first [Number] days of employment shall be considered a probationary period, during which the Employer may terminate the Chef's employment at any time for any reason.
Option B: There is no probationary period.
17. Termination
This is an at-will employment relationship, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.
Upon termination, the Chef shall return all property belonging to the Employer.
18. Post-Termination Restrictions
Option A: For a period of [Number] months following termination of employment, the Chef shall not solicit any employees of the Employer.
Option B: For a period of [Number] months following termination of employment, the Chef shall not work for any competitor of the Employer within a [Number] mile radius of the Employer's business. This restriction is limited to positions with duties directly competitive with those performed for Employer.
19. Nondiscrimination
The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other protected characteristic under the Pennsylvania Human Relations Act or other applicable law.
20. Workers' Compensation and Unemployment Insurance
The Chef is covered by the Employer's workers' compensation insurance policy.
The Chef is eligible for unemployment insurance benefits as per Pennsylvania law.
21. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through mediation in [County Name] County, Pennsylvania. If mediation is unsuccessful, the parties agree to submit to binding arbitration in accordance with the rules of the American Arbitration Association. The governing law shall be the laws of the Commonwealth of Pennsylvania.
22. Local Ordinances
The Employer will comply with all applicable local ordinances regarding employee rights and scheduling. If the Chef works in multiple locations covered by differing ordinances, the Employer will comply with the ordinance most favorable to the employee.
23. Acknowledgment
The Chef acknowledges receipt of the Employee Handbook and all related policies.
24. Modification
This Agreement may be modified only in writing signed by both parties.
25. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
26. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
27. Assignment
This Agreement may not be assigned by the Chef without the prior written consent of the Employer.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Name]
By: ____________________________
[Employer Representative Name]
[Employer Representative Title]
____________________________
[Chef Full Legal Name]
Date: ____________________________
Witness: ____________________________ (Optional)