South Carolina HR assistant employment contract template
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How South Carolina HR assistant employment contract Differ from Other States
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South Carolina does not recognize implied employment contracts, making explicit written agreements particularly important.
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The state requires payment of all owed wages within 48 hours or by the next payday upon termination, whichever is sooner.
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South Carolina does not mandate specific sick leave or vacation requirements, leaving these terms to be defined in the contract.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract required for HR assistants in South Carolina?
A: No, but a written contract helps clarify duties, compensation, and terms, providing legal protection for both parties.
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Q: Can non-compete clauses be included in South Carolina HR assistant contracts?
A: Yes, but non-compete clauses must be reasonable in scope, duration, and geographic area to be enforceable in South Carolina.
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Q: How soon must a terminated HR assistant be paid in South Carolina?
A: All earned wages must be paid within 48 hours of termination or by the next scheduled payday, whichever comes first.
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South Carolina HR Assistant Employment Contract
This South Carolina HR Assistant Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Company Name], a [State] corporation with its principal place of business at [Company Address, City, State, Zip Code] (the "Company"), and [Employee Name], residing at [Employee Address, City, State, Zip Code] (the "Employee").
Position
* Option A: The Company hires the Employee as a full-time Human Resources Assistant. * Option B: The Company hires the Employee as a part-time Human Resources Assistant.
The Employee's job responsibilities include, but are not limited to: maintaining employee records, processing new hire onboarding and terminations, managing payroll and timesheet data, administering employee benefits and enrollments, updating HRIS or personnel systems, preparing compliance reports, conducting initial screening interviews and reference checks, drafting and distributing company policies, coordinating mandatory HR training and safety briefings, assisting with EEO and affirmative action reporting specific to South Carolina and federal law, updating South Carolina-specific labor law posters and maintaining necessary documentation for DHEC or relevant agencies. Day-to-day duties include [Specify Day-to-Day Duties]. Documentation processes include [Specify Documentation Processes]. The Employee will interact with other departments and external benefit providers as needed.
Reporting
* Option A: The Employee will report directly to the HR Manager. * Option B: The Employee will report directly to the HR Director. * Option C: The Employee will report directly to [Other Title].
The Employee is expected to collaborate with the HR, payroll, finance, and legal teams.
Work Location
* Option A: The Employee's principal work location is at the Company's facility located at [Company Address, City, State, Zip Code]. * Option B: The Employee will work remotely, subject to the Company's remote work policy. The employee is responsible for maintaining a secure workspace in compliance with South Carolina law, ensuring adherence to HIPAA, FMLA, and the South Carolina Personal Information Protection Act. Company-provided equipment includes [List of Company Provided Equipment].
Employment Type and Work Hours
* Option A: This is a full-time position. The regular work schedule is Monday through Friday, from 8:30 AM to 5:00 PM, with a [Length of Time] minute unpaid meal break. * Option B: This is a part-time position. The regular work schedule is [Days of the Week] from [Start Time] to [End Time].
Timekeeping and attendance expectations are [Specify Timekeeping Expectations]. Meal and rest break policies are in compliance with the South Carolina Department of Labor.
Compensation
* Option A: The Employee's annual salary is [Dollar Amount], payable [Payment Frequency, e.g., bi-weekly] via direct deposit. * Option B: The Employee's hourly wage is [Dollar Amount], payable [Payment Frequency, e.g., bi-weekly] via direct deposit.
Overtime will be calculated and paid in accordance with the FLSA and South Carolina law, with prior approval from [Designated Authority] required. Merit pay and annual review standards are [Specify Merit Pay and Annual Review Standards]. The employee is eligible for an HR performance bonus, as determined by company policy.
Benefits
The Employee is eligible for the following benefits, subject to the terms and conditions of the Company's benefit plans: health, dental, and vision insurance; participation in the Company's 401(k) plan; paid vacation, sick leave, and South Carolina recognized holidays; eligibility for jury duty or voting leave. The company also provides [List Other Benefits, e.g., life insurance, short-term disability]. The Company may offer reimbursement for HR-specific continuing education, SHRM/HRCI certification, or tuition assistance for HR development, subject to company policy.
Confidentiality
The Employee acknowledges that they will have access to confidential information, including employee files, payroll data, medical information, and trade secrets. The Employee agrees to hold all such information in strict confidence and not to disclose it to any third party. This obligation survives termination of employment. The Employee agrees to adhere to HIPAA, medical information handling, and Social Security number protection protocols. The secure handling and destruction of sensitive records will be in accordance with company policy and applicable law.
Company Property
All documents, files, and intellectual property created or used by the Employee during their employment are the property of the Company. Personal use of company property is prohibited without prior consent.
Ethical Standards and Conduct
The Employee shall comply with the Company's anti-discrimination and anti-harassment policies, procedures for handling and reporting employee complaints, South Carolina and federal EEO compliance, anti-retaliation protections, and mandatory participation in required ethics, harassment prevention, and DHEC safety trainings. The Employee shall not offer legal advice to employees and will cooperate with all company compliance investigations or audits.
Conflicts of Interest
The Employee shall disclose any potential conflicts of interest, including personal relationships with other staff or outside employment. Participation in professional organizations representing the company must be approved in advance.
Use of IT Resources
The Employee's use of company IT resources is subject to the Company's IT policy. The Employee shall maintain confidentiality in all communications and adhere to the Company's protocol for electronic file and communications storage.
At-Will Employment
Employment with the Company is at-will, meaning that either the Employee or the Company may terminate the employment relationship at any time, with or without cause, consistent with South Carolina law.
* Option A: The Company requires a [Number] day written notice of resignation. * Option B: No notice is required.
Upon termination, the Employee shall return all company property. The final paycheck will be delivered in accordance with South Carolina law. Information regarding COBRA and other benefits continuation will be provided. Written documentation of disciplinary action, separation, and acknowledgment forms will be provided as required.
Grievance and Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through internal HR review, mediation, and then arbitration according to South Carolina law. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina. Venue and jurisdiction for any disputes shall be in [County Name] County, South Carolina.
Non-Compete, Non-Solicitation, and Non-Disclosure
* Option A: The Employee agrees to the following non-compete, non-solicitation, and non-disclosure provisions, which are reasonable in duration, scope, and geography to protect the Company's legitimate business interests. [Specify Terms] * Option B: There are no non-compete, non-solicitation, or non-disclosure provisions in this agreement.
Background Checks and Eligibility Verification
Employment is contingent upon successful completion of a background check and eligibility verification (I-9). The Company participates in E-Verify. The Employee may be required to undergo drug testing or pre-employment screening as permitted by South Carolina law.
Workplace Safety
The Employee shall comply with OSHA and all applicable workplace health and safety measures. Procedures for reporting or investigating workplace accidents, injuries, or mental health matters are outlined in the Company's safety manual.
Equal Employment Opportunity
The Company is an equal opportunity employer and prohibits discrimination based on race, gender, age, disability, national origin, religion, sexual orientation, or any other protected category under South Carolina and federal law. The Company is committed to Diversity, Equity, and Inclusion (DEI) programs.
Reporting Harassment or Discrimination
The Employee should report any instances of workplace harassment or discrimination to [Designated Contact and Escalation Path].
Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The most protective state or federal HR standard will prevail if any term is found unenforceable.
Amendments
This Agreement may be amended only by a written instrument signed by both parties. The Company will provide annual acknowledgment of any changes to company personnel policies or HR regulatory updates.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Company Name]
By: [Name of Authorized Representative]
Title: [Title of Authorized Representative]
[Employee Name]
[Employee Signature]
Date: [Date]