Pennsylvania cook employment contract template
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How Pennsylvania cook employment contract Differ from Other States
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Pennsylvania cook employment contracts must comply with state-specific wage laws, including Pennsylvania’s minimum wage and overtime requirements, which may differ from other states.
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Pennsylvania imposes specific meal and rest period regulations for cooks that employers must address in contracts, which vary from many other states’ standards.
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Anti-discrimination provisions in Pennsylvania cook contracts must consider protections under both state law (PHRA) and federal law, potentially offering broader safeguards.
Frequently Asked Questions (FAQ)
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Q: Is a written cook employment contract required in Pennsylvania?
A: While not required by law, a written contract is strongly recommended to clarify terms of employment and protect both parties.
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Q: Does Pennsylvania have a different minimum wage for cooks?
A: Pennsylvania generally follows the federal minimum wage but may have local requirements for certain regions or types of employment.
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Q: Are non-compete clauses enforceable in Pennsylvania cook contracts?
A: Yes, but they must be reasonable in scope, duration, and geographic area, and must protect legitimate business interests to be enforceable.
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Pennsylvania Full-Time Cook Employment Contract
This Pennsylvania Full-Time Cook Employment Contract (the "Agreement") is made and entered into as of [Date of Execution], by and between:
- [Employer Business Name], a [Business Type, e.g., Corporation] organized and existing under the laws of Pennsylvania, with its principal place of business at [Employer Business Address] (hereinafter referred to as "Employer"), and registered with the Pennsylvania Department of Agriculture under registration number [Registration Number] and inspected under certificate number [Inspection Certificate Number].
- [Employee Full Legal Name], residing at [Employee Full Address], with preferred name for professional use [Employee Preferred Name, as on certifications] (hereinafter referred to as "Employee").
1. Employment.
- Option A: Employer hereby employs Employee as a Full-Time Cook.
- Option B: Employer hereby employs Employee as a Full-Time Cook, commencing on [Start Date].
2. Position and Job Responsibilities.
- The Employee's position is Full-Time Cook. Job responsibilities include but are not limited to:
- Preparing and cooking food to order, following recipes, and maintaining portion control.
- Ensuring preparation consistency and quality based on Employer standards.
- Supervising kitchen assistants, if applicable.
- Cleaning and sanitizing food prep areas, kitchen equipment, and utensils per Pennsylvania and local health standards.
- Receiving and properly storing food deliveries, adhering to Pennsylvania Department of Agriculture and local county health requirements.
- Safely handling potentially hazardous ingredients and menu items specific to the cuisine.
- Monitoring food allergies and cross-contamination risks.
- Maintaining temperature logs as mandated by state and local law.
- Option A: The Employee may be assigned other duties as required by the Employer.
- Option B: The Employee will perform duties as outlined in the attached job description.
3. Required Certifications and Credentials.
- Option A: The Employee must possess and maintain a valid ServSafe Food Handler certification (or equivalent certification recognized in Pennsylvania).
- Option B: The Employee is required to obtain ServSafe certification within [Number] days of employment.
- Employee is responsible for maintaining all required licenses and certifications current during employment.
- Option A: Employer will reimburse the Employee for the cost of mandatory food safety training.
- Option B: Employer will provide the mandatory food safety training.
4. Supervision and Reporting.
- The Employee will report to [Kitchen Manager Name/Position].
- The Employee will receive and implement orders from the [Kitchen Manager/Executive Chef/General Manager].
5. Work Location.
- Option A: The Employee's primary work location is [Employer Business Address].
- Option B: The Employee's primary work location is [Specific Location within Employer Business].
- Option A: The Employee may be temporarily assigned to different outlets or catering sites within Pennsylvania.
- Option B: Any changes to the primary work location will require [Number] days written notice.
6. Work Schedule.
- Employment is full-time, typically [Number, e.g., 35-40] hours per week, in accordance with Pennsylvania norms.
- Option A: The Employee's schedule will be provided [Daily/Weekly].
- Option B: The regular work schedule is [Days of the week], from [Start Time] to [End Time].
- Daily schedule including start/end times.
- Rules for split shifts, evening/weekend/holiday work, if applicable.
- Break periods (including Pennsylvania-mandated meal and rest break standards).
- Procedures for shift swaps or coverage in compliance with Pennsylvania wage and hour law.
- Option A: The Employee may be required to work overtime as needed.
- Option B: The Employee's work schedule is fixed and cannot be altered without prior written consent.
7. Compensation.
- The Employee's base hourly wage is [Hourly Wage] per hour.
- The pay cycle is [Biweekly/Weekly].
- Overtime will be paid at a rate of one and one-half times the regular hourly rate for hours worked beyond 40 in a workweek, as per the Pennsylvania Minimum Wage Act and federal FLSA.
- Procedures for reporting and approval of overtime.
8. Tip Policy.
- Option A: The Employee is eligible to participate in a tip pool. The method of tip distribution is [Tip Pooling Method].
- Option B: The Employee is not eligible to receive tips.
9. Bonuses.
- Option A: The Employee is eligible for a [Bonus Type, e.g., shift differential] bonus of [Bonus Amount] for [Bonus Reason, e.g., late-night shifts].
- Option B: The Employee is not eligible for bonuses.
10. Benefits.
- The Employee is eligible for the following benefits:
- Health, dental, and vision insurance plans.
- Sick leave, vacation, paid time off, and statutory paid or unpaid leave (including Pennsylvania’s requirements for family/medical leave).
- Life or disability insurance (if provided).
- Meal or uniform allowances.
- Employer assistance programs.
- Eligibility and enrollment processes will be provided separately.
11. Uniforms and Attire.
- The Employee is required to wear [Specific Uniform Description].
- Option A: The Employer will provide the required uniforms.
- Option B: The Employee is responsible for purchasing the required uniforms.
- Option A: The Employer will launder the uniforms.
- Option B: The Employee is responsible for laundering the uniforms.
- Employer responsibilities for reimbursing uniform costs.
- Personal protective equipment will be provided for food safety purposes per Pennsylvania health code.
12. Workplace Safety and Sanitation.
- The Employee must comply with all applicable workplace safety, sanitation, and occupational health regulations, including Pennsylvania Department of Agriculture and Department of Labor & Industry standards.
- Chemical handling protocols.
- Reporting of workplace injuries or exposures.
- Referencing OSHA/Pennsylvania-specific requirements for cooks.
13. Conduct Standards.
- The Employee is expected to maintain high standards of conduct, including:
- Punctuality and attendance.
- Hygiene and grooming standards.
- No smoking or unauthorized phone use in food prep areas.
- Prohibition of drug/alcohol consumption during working hours.
- Adherence to anti-harassment and anti-discrimination policies as required by Pennsylvania law (including reference to the Pennsylvania Human Relations Act).
14. Grievances and Reporting.
- Procedures for filing grievances or reporting harassment or occupational health and safety concerns.
- Required documentation or paperwork (e.g., incident logs, equipment checklists, food temperature records).
- Protection from retaliation for whistleblower activity under Pennsylvania law.
15. Intellectual Property.
- Option A: Recipes developed onsite belong to the Employer.
- Option B: Recipes developed jointly will be co-owned.
- Policy for sharing proprietary cooking methods or menu innovations.
16. Confidentiality.
- The Employee must maintain strict confidentiality regarding proprietary recipes, ingredient sources, operational procedures, customer lists, or business plans.
- Confidentiality obligations survive termination of employment.
17. Outside Employment.
- Option A: The Employee is free to engage in outside employment.
- Option B: The Employee is restricted from outside employment that conflicts with the Employer's business interests.
- Limitations on outside employment or freelance cooking/catering.
18. Termination.
- Employment is at-will, and either party may terminate the employment at any time for any legal reason.
- Procedures for voluntary resignation and involuntary termination.
- Job abandonment policy (e.g., no-call/no-show policies).
- Final paycheck timing according to Pennsylvania wage payment law.
19. Property Return.
- Upon termination, the Employee must return all property belonging to the Employer, including uniforms, keys, and equipment.
- Post-employment confidentiality obligations.
- Statements regarding any owed paid leave or wages.
20. Dispute Resolution.
- Company policies for discipline, progressive warnings, and dispute resolution procedures (grievance, mediation, or arbitration steps).
- Pennsylvania law and jurisdiction govern the contract.
21. Workers' Compensation.
- The Employee acknowledges workers’ compensation coverage and will report on-the-job injuries according to Pennsylvania Workers’ Compensation Act.
22. Child Labor (If Applicable).
- If the Employee is a minor, employment is subject to Pennsylvania’s Child Labor Law, including work hour, permit, and job duty restrictions.
23. Americans with Disabilities Act.
- Compliance with the Americans with Disabilities Act and corresponding Pennsylvania statutes, including reasonable accommodations process for cooks with disabilities.
24. Background Checks and Drug Screening (Optional).
- Option A: Employment is contingent upon successful completion of a background check and/or drug screening.
- Option B: The Employer reserves the right to conduct random drug screenings.
- Compliance with relevant privacy law and anti-discrimination requirements in Pennsylvania.
25. Employment Eligibility.
- The Employee must demonstrate employment eligibility in accordance with federal I-9/E-Verify requirements.
26. Adjustments.
- All terms are subject to reasonable adjustment to reflect job site, type of cuisine, seasonality, collective bargaining agreement terms (if unionized), or industry best practices for restaurants in Pennsylvania.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Business Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Full Legal Name]
Signature: ____________________________
Date: ____________________________