South Dakota HR generalist employment contract template

South Dakota HR Generalist Employment Contract

This HR Generalist Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Company Legal Name], a [State] corporation with its principal place of business at [Company Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

1. Position and Duties

• The Employer hereby employs Employee as a full-time HR Generalist.
• The Employee accepts this employment and agrees to perform the following essential job functions, including, but not limited to:
  • Employee recruitment and onboarding.
  • Workforce planning and succession planning.
  • Compensation and benefits administration.
  • South Dakota labor law and compliance monitoring.
  • Payroll coordination.
  • Employee relations and conflict resolution.
  • Performance evaluation process management.
  • Workplace investigations.
  • Training and development coordination.
  • HR records maintenance.
  • Participation in organizational policy creation and enforcement.
  • Administration of South Dakota unemployment insurance.
  • Compliance with South Dakota Department of Labor and Regulation reporting requirements.

2. Reporting Structure

• The Employee will report directly to [Supervisor Title].
• Option A: Regular communication will be expected via [Communication Methods, e.g., weekly meetings, email].
• Option B: The Employee may be required to coordinate with multiple locations within South Dakota.
• The Employee will collaborate with the Payroll and Accounting departments.

3. Work Location

• The Employee's primary work location will be [Work Location Address], located within South Dakota.
• Option A: On-site attendance is required [Number] days per week.
• Option B: The Employee is eligible for remote work as per the company's remote work policy.
  • Remote work protocols include secure handling of personnel data and compliance with South Dakota privacy laws.

4. Employment Status and Work Hours

• The Employee's employment status is full-time.
• The standard workweek is [Number] hours per week, consisting of [Daily Work Hours, e.g., 8:00 AM to 5:00 PM], Monday through Friday.
• The Employee is entitled to meal and rest breaks as required by South Dakota law.
• Option A: The Employee is eligible for overtime pay in accordance with South Dakota and federal (FLSA) law.
  • Overtime pay will be calculated at [Overtime Rate, e.g., 1.5] times the Employee's regular hourly rate.
• Option B: The Employee is considered exempt from overtime under the FLSA.
• The Employee is required to accurately record all hours worked using [Timekeeping Method].
• Option C: The Employee may be eligible for flex-time accommodations as per company policy.

5. Compensation

• The Employer will pay the Employee an annual salary of [Salary Amount], payable [Payment Frequency, e.g., bi-weekly].
• Option A: The Employer will pay the Employee an hourly wage of [Hourly Wage Amount], payable [Payment Frequency, e.g., bi-weekly].
• The Employee will receive wage statements as required by South Dakota law.
• Option B: The Employee is eligible for a merit bonus based on performance as determined by the Employer.
  • The bonus amount and criteria will be outlined in the company's bonus policy.
• Option C: The Employee is eligible for incentive programs specific to HR positions. Details of these programs will be provided separately.

6. Leave Entitlements

• The Employee is entitled to paid time off (PTO), sick leave, personal leave, family/medical leave, military leave, and jury duty leave in accordance with South Dakota state statutes and company policy.
• The Employee will accrue PTO at a rate of [PTO Accrual Rate] per pay period.
• The Employee may be eligible for leave under the Family and Medical Leave Act (FMLA), subject to meeting eligibility requirements.

7. Benefits

• The Employee is eligible to participate in the following benefits programs, subject to the terms and conditions of each program:
  • Health insurance
  • Dental insurance
  • Vision insurance
  • Employee Assistance Program (EAP)
  • Retirement plan enrollment (Employer participation in retirement plans is not mandatory under South Dakota law unless otherwise specified).
  • Option A: Educational reimbursement, subject to company policy.
  • Option B: Local voluntary benefit programs.

8. Intellectual Property

• All HR policies, templates, handbooks, onboarding materials, and training programs developed by the Employee during the term of employment shall be the sole and exclusive property of the Employer.
• The Employee retains all rights to pre-existing materials brought into employment.

9. Confidentiality

• The Employee acknowledges that they will have access to confidential information, including employee personnel data, applicant information, payroll details, and other company-sensitive information.
• The Employee agrees to maintain the confidentiality of such information during and after the term of employment, in accordance with South Dakota privacy statutes.
• Upon termination of employment, the Employee will return all confidential information to the Employer.

10. Data Privacy and Security

• The Employee agrees to adhere to all applicable state and federal laws, including HIPAA if benefits work is involved, regarding the handling of employee data.
• The Employee will comply with all company policies and procedures related to electronic recordkeeping and data security.

11. Employment At-Will

• 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 the terms of this agreement.
• Option A: Upon resignation, the Employee is required to provide [Number] weeks' notice.
• Upon termination, the Employee will return all company property and access to HRIS and payroll systems will be deactivated.

12. Anti-Discrimination and Equal Employment Opportunity

• The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, marital status, or veteran status, as protected by federal and South Dakota law.
• The Employer complies with Title VII, ADA, ADEA, GINA, and other applicable anti-discrimination laws.

13. Workplace Postings and Legal Compliance

• The Employee will ensure compliance with all mandatory workplace postings required by South Dakota and federal law.
• The Employee will cooperate with any investigation or audit conducted by the South Dakota Department of Labor or other regulatory agencies.

14. Training and Development

• Option A: The Employer may provide training and development opportunities to the Employee, particularly related to HR certifications or skills.
• Option B: The Employer will reimburse the Employee for the cost of maintaining required professional licenses or certifications.

15. Non-Solicitation

• The Employee agrees not to solicit the Employer's clients, employees, or vendors for a period of [Number] months following the termination of employment.
• The Employee acknowledges that non-compete clauses are generally unenforceable in South Dakota except where specifically permitted by SDCL § 53-9-8.5.

16. Behavioral Standards

• The Employee will maintain the confidentiality of HR records and treat all employees with respect.
• The Employee will complete mandatory training on harassment prevention.
• The Employee will comply with the company's substance abuse policy.
• The Employee will not engage in outside HR consulting or recruitment activity without the Employer's prior written consent.

17. Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall first be subject to informal resolution or internal mediation.
• If informal resolution fails, the parties may pursue external mediation/arbitration or small claims court in South Dakota.
• This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Venue for any legal action shall be in a South Dakota county court.

18. Workers' Compensation and Unemployment Insurance

• The Employee is covered by the Employer's workers' compensation insurance as required by South Dakota law.
• The Employee is eligible for unemployment insurance benefits in accordance with South Dakota law.

19. Compliance with Laws

• The Employer will comply with all relevant state and federal posting, recordkeeping, and reporting laws.

20. Employment Eligibility Verification

• The Employee is required to complete Form I-9 to verify employment eligibility as required by federal law.
• Option A: The Employee is subject to background checks and/or drug screening as a condition of employment.

21. Amendments

• This Agreement may be amended or modified only by a written instrument signed by both the Employee and the Employer.

22. General Provisions

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• 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.
• 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.
• Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

23. Probationary Period

• Option A: The Employee will be subject to a probationary period of [Number] months. During this period, the Employer will evaluate the Employee's performance and suitability for the position.
  • A review will be conducted at [Timeframe].

24. Incorporated Policies

• The following company policies are incorporated by reference into this Agreement:
  • Employee Handbook
  • Code of Conduct
  • Technology Use and Social Media Policy
  • Leave Procedures
  • Complaint/Reporting Protocols

25. Acknowledgment

• Option A: The Employee acknowledges receipt and understanding of the company's HR policy documents and training materials.

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

[Company Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

Date: [Date]

[Employee Legal Name]

Signature: ____________________________

Date: [Date]