South Dakota janitor employment contract template

South Dakota Janitor Employment Contract

This Full-Time Janitor Employment Contract (the "Agreement") is made and entered into as of [Date], by and between:

• [Employer Name], located at [Employer Address] ("Employer")

and

• [Employee Name], residing at [Employee Address] ("Employee").

1. Position:

• The Employer hires the Employee as a Janitor.
• Job Description: The Employee shall perform the following duties:
  • Option A: General cleaning of the facility including sweeping, mopping, dusting, and vacuuming.
  • Option B: Floor care, including sweeping, mopping, waxing, and buffing floors.
  • Option C: Restroom sanitation, including cleaning and disinfecting toilets, sinks, and floors.
  • Option D: Waste disposal, including emptying trash and recycling bins.
  • Option E: Safe use and storage of cleaning chemicals in compliance with OSHA and South Dakota state regulations.
  • Option F: Restocking supplies in restrooms, break rooms, and other areas.
  • Option G: Interior and exterior maintenance related to cleanliness (e.g., snow or debris removal at entrances).
  • Option H: Light fixture dusting.
  • Option I: Immediate reporting of hazards or needed repairs.
  • Option J: Secure handling of lost property according to company policy.
  • Option K: [Facility/Industry-Specific Requirement, e.g., cleaning medical equipment]
  • Option L: Other duties as assigned.
• The Employee will report directly to [Supervisor Name/Title].
• The Employee's daily shift reporting protocol is as follows: [Reporting Protocol].
• The minimum shift start time is [Start Time] and the minimum shift end time is [End Time].
• The location(s) of work are:
  • Option A: [Single Location Address].
  • Option B: [Multiple Locations - List Addresses]. Employee is expected to travel between locations.
  • Option C: Employee may be required to respond to after-hours emergencies at [Location(s)].

2. Employment Type and Work Schedule:

• The employment is full-time.
• The Employee's work schedule is [Number] hours per week.
• The scheduled shifts are [Days of the Week] from [Start Time] to [End Time].
• Break and Meal Periods:
  • Option A: The Employee is entitled to a [Number] minute meal break for shifts over [Number] hours.
  • Option B: The Employee is entitled to a [Number] minute paid break every [Number] hours.
  • Option C: Other: [Specify Break/Meal Policy].
• Overtime:
  • The Employee is eligible for overtime pay.
  • Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over forty (40) in a workweek, as required by South Dakota law.
• Attendance Expectations: [Specify Attendance Requirements].

3. Compensation:

• The Employee's hourly wage is [Dollar Amount] per hour. OR The Employee's salary is [Dollar Amount] per year.
• The overtime rate is [Dollar Amount] per hour.
• The Employee will be paid [Pay Frequency, e.g., bi-weekly].
• Lawful deductions will be made from the Employee's pay as required by law.
• Timekeeping Procedures: [Specify Timekeeping Procedures, including break tracking].
• Option A: The Employee will receive a premium of [Dollar Amount] per hour for night shifts.
• Option B: The Employee will receive a premium of [Dollar Amount] per hour for weekend shifts.
• Option C: The Employee will receive a premium of [Dollar Amount] per hour for hazardous duty shifts.

4. Benefits:

• Health Insurance:
  • Option A: The Employer offers health insurance coverage.
  • Option B: The Employer does not offer health insurance coverage.
  • If health insurance is offered: Employee is eligible for health insurance after [Number] days of employment. Employer contribution details: [Specify Employer Contribution].
• Option A: The Employer offers dental insurance coverage.
• Option B: The Employer does not offer dental insurance coverage.
• Option A: The Employer offers vision insurance coverage.
• Option B: The Employer does not offer vision insurance coverage.
• Paid Time Off (PTO):
  • Vacation: [Specify Vacation Policy, if any. South Dakota does not require paid vacation.].
  • Sick Leave: [Specify Sick Leave Policy, if any. South Dakota does not require paid sick leave.].
• Paid Holidays: The Employee is entitled to the following paid holidays: [List Holidays, e.g., New Year's Day, Independence Day, Thanksgiving, Christmas].
• Option A: The Employer offers a retirement/401(k) plan.
• Option B: The Employer does not offer a retirement/401(k) plan.
• Workers' Compensation: The Employee is covered by Workers' Compensation Insurance as required by South Dakota law.
• Option A: The Employer provides a uniform allowance of [Dollar Amount] per [Time Period].
• Option B: The Employer provides necessary tools and equipment.

5. Safety and Health Protocols:

• The Employee will receive training on chemical use, meeting the OSHA Hazard Communication Standard and South Dakota Occupational Health Administrative Rules.
• The Employer will provide required PPE (personal protective equipment).
• Option A: The Employee will receive training on needle stick and hazardous waste handling.
• Option B: The Employee will receive lifting and ergonomics training.
• The Employee will comply with the Employer's documented safety plan.

6. Confidentiality:

• The Employee must maintain the confidentiality of any sensitive information accessed during cleaning, including information in secure areas and client documents.
• Unauthorized disclosure of confidential information is strictly prohibited.

7. Anti-Harassment and Anti-Discrimination:

• The Employer is committed to providing a workplace free of harassment and discrimination.
• Discrimination based on race, color, religion, sex, age, disability, national origin, pregnancy, genetic information, or veteran status is prohibited under South Dakota and federal law.
• The Employee must report any instances of workplace misconduct to [Designated Person/Department].

8. Theft and Property:

• Theft, unauthorized use, or removal of property is strictly prohibited.
• The Employee must report any found items to [Designated Person/Department].

9. Workplace Conduct and Grooming:

• The Employee must adhere to the following workplace conduct standards: [Specify Conduct Standards].
• The Employee must adhere to the following grooming standards: [Specify Grooming Standards, including uniform, footwear, and hygiene].
• Safety compliance checks will be conducted [Frequency/Method].

10. Equipment and Supplies:

• The Employee is responsible for the proper use and care of employer-provided equipment.
• The Employee must follow the rules for storage and maintenance of janitorial supplies.
• Misuse or theft of equipment or supplies will result in disciplinary action.

11. Secondary Employment:

• Option A: The Employee is not required to report secondary employment.
• Option B: The Employee must report secondary employment if it involves the use of similar equipment or cleaning chemicals.
• Option C: The Employee must seek approval for any secondary employment.

12. Termination and Discipline:

• The Employee's employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, subject to the provisions below.
• Voluntary Resignation: The Employee must provide [Number] days written notice of resignation.
• Employer-Initiated Dismissal: The Employer may dismiss the Employee for cause, including but not limited to repeated safety violations, theft, insubordination, or poor performance.
• Layoff Procedures: [Specify Layoff Procedures, if any].
• Final Wage Payment: The Employee's final paycheck will be issued on the next regular payroll date following termination, as required by South Dakota law.
• The Employee must return all keys, uniforms, and tools upon termination.
• Information about COBRA and state-managed benefits continuation will be provided, if applicable.
• Option A: The Employer offers a severance package as follows: [Specify Severance Policy].
• Option B: The Employer does not offer a severance package.

13. Dispute Resolution:

• In the event of a dispute, the parties agree to first attempt to resolve the dispute internally.
• Option A: The parties agree to participate in mediation.
• Option B: The parties agree to binding arbitration.
• This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, and any legal action shall be brought in the courts of South Dakota.

14. Workers' Compensation:

• The Employee is entitled to workers' compensation benefits for work-related injuries as required by South Dakota law.
• The Employee must report any workplace injuries to [Designated Person/Department] immediately.

15. Prevailing Wage (If Applicable):

• If the Employee performs services for public agencies or under state/local contracts, the Employee will be paid in accordance with prevailing wage laws.

16. Background Checks (If Applicable):

• Option A: Employment is conditional upon successful completion of a background check compliant with South Dakota law.
• Option B: No background check is required.

17. Driver's License (If Applicable):

• Option A: A valid driver's license is required for this position. The Employee must provide proof of a valid driver's license and insurance.
• Option B: A valid driver's license is not required for this position.

18. Union/Collective Bargaining Agreement (If Applicable):

• Option A: This Agreement is subject to a collective bargaining agreement with [Union Name].
• Option B: This Agreement is not subject to a collective bargaining agreement.

19. Non-Compete/Non-Solicitation:

• The Employer acknowledges that South Dakota law may limit or prohibit non-compete or non-solicitation clauses for certain employees. This agreement will be interpreted in accordance with applicable South Dakota law.

20. Mandatory Training:

• The Employee must complete the following mandatory training: [List Mandatory Training, e.g., Chemical Safety, Bloodborne Pathogens, Sexual Harassment Awareness].

21. Language Proficiency:

• English-only rules or language proficiency standards must be job-related and non-discriminatory. The Employer will provide reasonable accommodation if English is not the Employee's primary language.

22. Entire Agreement:

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
• Amendments to this Agreement must be in writing and signed by both parties.

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

____________________________

[Employer Name]

By: ____________________________

[Employer Representative Name/Title]

____________________________

[Employee Name]

Acknowledgment:

I acknowledge receipt of the employee handbook, safety manual, and other key workplace policies relevant to my position.

____________________________

[Employee Name]

Date: [Date]