South Carolina maintenance technician employment contract template
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How South Carolina maintenance technician employment contract Differ from Other States
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South Carolina follows at-will employment, but state law prevents termination for filing a workers' compensation claim.
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The contract must comply with South Carolina's wage payment regulations, requiring written notice of pay rates and deductions.
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South Carolina has specific laws regarding final wage payments upon termination, including timeframes for issuing last paychecks.
Frequently Asked Questions (FAQ)
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Q: Does the contract need to specify overtime pay in South Carolina?
A: Yes, the contract should outline overtime provisions in compliance with federal and South Carolina law requirements.
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Q: Can non-compete clauses be enforced in South Carolina maintenance technician contracts?
A: Non-compete clauses are enforceable if they are reasonable in time, geographic scope, and necessary to protect legitimate interests.
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Q: Is a written employment contract required for maintenance technicians in South Carolina?
A: No, a written contract is not legally required, but it is strongly recommended for clarity and legal protection.
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South Carolina Maintenance Technician Employment Contract
This South Carolina Maintenance Technician Employment Contract (the "Agreement") is made and entered into as of [Date] by and between:
- [Company Legal Name], a company organized under the laws of South Carolina, with its principal place of business at [Company Address], hereinafter referred to as "Employer,"
and
- [Employee Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."
1. Employment
- The Employer hereby employs the Employee as a Maintenance Technician, and the Employee hereby accepts such employment.
2. Job Title and Duties
- The Employee's job title is Maintenance Technician.
- The Employee's duties shall include, but are not limited to:
- Equipment inspection and preventive maintenance.
- Corrective maintenance on equipment and systems.
- Troubleshooting electrical, mechanical, HVAC, and plumbing systems.
- Performing minor construction, carpentry, and painting tasks.
- Regular safety inspections.
- Compliance with OEM guidelines.
- Completing work order documentation.
- Responding to maintenance requests.
- After-hours on-call duties (as scheduled).
- Operating relevant hand and power tools.
- Using diagnostic and testing devices.
- Ensuring compliance with applicable building and safety codes.
- Reporting hazards to supervisors.
3. Required Certifications and Licenses
- Option A: The Employee must possess and maintain a valid [Specific South Carolina License/Certification] (e.g., EPA Section 608 for HVAC).
- Option B: The Employee must obtain [Specific South Carolina License/Certification] within [Number] months of employment.
- Option C: No specific licenses or certifications are required for this position.
- Background Check: Employee will undergo a background check. [Specify criteria: e.g. No felony convictions involving theft or violence].
- Driving Record: Employee will provide a copy of their driving record. [Specify criteria: e.g. No more than 2 moving violations in the past 3 years].
4. Reporting Structure
- The Employee will report to [Supervisor Name], whose title is [Supervisor Title].
5. Work Location
- Option A: The primary work location is [Address of Primary Location] in [City, South Carolina].
- Option B: The Employee may be required to work at other company-controlled or client properties located in South Carolina.
- Travel reimbursement will be provided at the rate of [Dollar Amount] per mile.
6. Full-Time Employment Status
- The Employee's employment is full-time.
- The standard workweek is [Number] hours per week, typically Monday through Friday, [Start Time] to [End Time].
- Option A: Rotating shifts may be required.
- Option B: Fixed shifts are assigned as follows: [Specify Shift].
- On-call/weekend work may be required.
- Overtime eligible: [Yes/No]
- If yes, overtime will be paid at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek, in accordance with FLSA and South Carolina Department of Labor rules.
7. Wage and Compensation
- Option A: The Employee's hourly rate is [Dollar Amount] per hour.
- Option B: The Employee's annual salary is [Dollar Amount] per year.
- Overtime rate: See Section 6.
- Pay periods are [Frequency - e.g., bi-weekly].
- Pay method: [Check/Direct Deposit/Pay Card].
- Option A: Shift differential: A shift differential of [Dollar Amount] per hour will be paid for work performed on the [Specify Shift] shift.
- Option B: Emergency call-out pay: The Employee will receive [Dollar Amount] for each emergency call-out.
- Option C: The employee is eligible for the following bonuses, stipends, and incentive plans: [Specify any bonuses, stipends, incentive plans].
8. Benefits
- Health insurance: [Insurance Carrier Name]. Eligibility: [Specify Eligibility Requirements]. Cost-sharing: [Employee Portion].
- Dental insurance: [Insurance Carrier Name]. Eligibility: [Specify Eligibility Requirements]. Cost-sharing: [Employee Portion].
- Vision insurance: [Insurance Carrier Name]. Eligibility: [Specify Eligibility Requirements]. Cost-sharing: [Employee Portion].
- Retirement plan (401(k)): Eligibility: [Specify Eligibility Requirements]. Company match policy: [Specify Match Policy].
- Paid vacation: [Number] days per year, accrued according to company policy.
- Paid sick leave: [Number] days per year, accrued according to company policy, in accordance with South Carolina law.
- Personal leave: [Number] days per year, accrued according to company policy.
- Jury duty leave: As required by South Carolina law.
- Military leave: As required by South Carolina law.
- Voting leave: As required by South Carolina law.
- Holiday schedule: [Specify Holidays].
- Bereavement leave: [Number] days, according to company policy.
- Training and continuing education reimbursement: [Specify Policy].
- Worker's compensation insurance: Provided in accordance with South Carolina Code Title 42.
- Employee Assistance Program (EAP): Access to [Specify EAP].
9. Safety and Health
- The Employee will adhere to all applicable OSHA and South Carolina Occupational Safety and Health (S.C. OSHA) standards.
- The Employee will use required personal protective equipment (PPE) as provided by the Employer. [Specify PPE].
- The Employee will follow lockout/tagout procedures.
- The Employee will adhere to hazard communication and chemical handling protocols.
- The Employee will follow ergonomic guidelines.
- The Employee will participate in routine safety drills.
- Option A: Bloodborne pathogens policy applies.
- Option B: Employee must participate in site-specific safety committees and training.
- Employee is required to report any accidents, injuries, equipment failures, and near-misses immediately in compliance with South Carolina injury reporting requirements.
10. Maintenance Protocols and Compliance
- The Employee will abide by company-provided maintenance protocols.
- The Employee will accurately record work orders.
- The Employee will properly handle and store hazardous materials in accordance with South Carolina and federal law.
- The Employee will comply with site-specific environmental compliance standards. [Stormwater, Asbestos, Lead, etc.].
11. Intellectual Property and Ownership
- All maintenance reports, preventive schedules, SOP updates, design notes, or technical innovations produced by the Employee in the course of employment are the property of the Employer.
12. Confidentiality
- The Employee shall maintain the confidentiality of sensitive facility information, including access codes, security systems, tenant/client information, internal reports, system schematics, and proprietary maintenance procedures. This obligation survives termination of employment.
13. Standards of Conduct
- The Employee will comply with employer policies on professionalism and will not engage in harassment or discrimination.
- The Employer has a zero-tolerance policy for substance abuse.
- Option A: Mandatory DOT/SC substance testing is required if commercial vehicle use is required.
- The Employee will interact respectfully with building occupants, tenants, and vendors.
- Unauthorized use of chemicals/tools, entry to restricted areas, and personal use of company property are prohibited.
- Disciplinary action may be taken for safety or ethical violations.
14. Equipment, Vehicles, Tools, and Uniforms
- The Employer will provide the following equipment, vehicles, tools, and uniforms: [List Provided Items].
- The Employee is responsible for the proper maintenance, and care of assigned equipment, vehicles, tools, and uniforms.
- The Employee will return all company property upon separation.
15. Outside Employment/Conflict of Interest
- The Employee shall not engage in outside employment or activities that conflict with the Employer's business interests.
16. Non-Solicitation
- The Employee shall not solicit co-workers or Employer clients for private side work during and after employment for a period of [Number] months.
17. 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 South Carolina law.
18. Termination
- The Employee shall provide [Number] days' written notice of resignation.
- Final pay will be issued by the next regular payday following termination, as required by South Carolina wage payment law.
- COBRA and continuation of benefits information will be provided upon termination.
- All company property and access devices must be returned upon termination.
19. Dispute Resolution
- Any disputes arising out of or relating to this Agreement shall be subject to initial internal grievance procedures, then mediation, and then binding arbitration in South Carolina, governed by South Carolina law. This excludes statutory claims not subject to arbitration under SC law.
20. Compliance with Laws
- The Employer complies with all South Carolina and federal anti-discrimination, equal pay, and harassment laws, including Title VII, ADA, ADEA, and the South Carolina Human Affairs Law.
- Clear reporting procedures for complaints are in place.
21. Wage Notification
- The Employee will receive written notification of their pay rate and pay periods upon hiring and any time such information changes.
22. Severability
- If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
23. Entire Agreement
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
24. Amendment/Modification
- This Agreement may only be amended or modified in writing, signed by both parties.
25. Waiver
- No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
26. Notices
- All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed as follows:
- If to Employer: [Company Name], [Company Address], Attn: [Contact Person].
- If to Employee: [Employee Name], [Employee Address].
27. Signatures
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]
____________________________
Date
Acknowledgment of Receipt of Company Policies
I, [Employee Name], acknowledge that I have received and reviewed all company policies referenced or incorporated by this Agreement.