South Dakota maintenance technician employment contract template

South Dakota Maintenance Technician Employment Contract

This South Dakota Maintenance Technician Employment Contract (the “Agreement”) is made and entered into as of [Execution Date], by and between:

[Employer Legal Name], a [Entity Type] organized and existing under the laws of South Dakota, with its principal place of business at [Employer Address] (“Employer”), and

[Employee Legal Name], residing at [Employee Address] (“Employee”).

1. Employment Status

Option A: At-Will Employment. The parties agree that this is an "at-will" employment relationship as permitted under South Dakota law, meaning either party may terminate the employment relationship at any time, with or without cause or notice, unless otherwise required by law.

Option B: Term Employment. This employment shall be for a term of [Number] years, commencing on [Start Date] and ending on [End Date], subject to earlier termination as provided in this Agreement.

Option C: Probationary Period. Employee shall be subject to a [Number] day probationary period commencing on [Start Date]. During the probationary period, Employer may terminate the employment relationship at any time, with or without cause or notice.

2. Position and Duties

The Employee is hired as a Maintenance Technician. The Employee shall perform the following duties:

• Preventive and corrective maintenance on building systems and equipment.
• Repair of HVAC, plumbing, electrical, carpentry, and machinery systems.
• Emergency response and repair.
• Routine inspections and safety audits.
• Equipment diagnostics and troubleshooting.
• Parts replacement.
• Use of personal protective equipment (PPE).
• Maintaining accurate service records and logs.
• Compliance with building, fire, and electrical codes.
• Participation in emergency drills.
• Snow removal (seasonal).
• Groundskeeping.
• Vehicle maintenance (if applicable).
• On-call shift rotations.
• Adherence to lockout/tagout and other OSHA/safety protocols.

3. Qualifications and Certifications

Option A: Required Qualifications: [List of Required Qualifications, e.g., EPA refrigerant handling certification, electrical journeyman/apprentice license, boiler operator permit]

Option B: Physical Requirements: Employee must be able to lift [Weight] pounds, climb ladders, and work in confined spaces.

Option C: Experience: Minimum of [Number] years of experience as a Maintenance Technician.

4. Reporting Structure and Performance Review

Option A: Reporting Structure: The Employee will report to [Supervisor Name and Title].

Option B: Departments Supported: The Employee will support the [List of Departments].

Option C: Performance Review Metrics:

• Response time to maintenance requests.
• Completion rate of assigned tasks.
• Customer service feedback.
• Safety compliance.
• Preventive maintenance targets.

5. Work Location and Travel

Option A: Primary Workplace Location: [Address], South Dakota.

Option B: Multi-Site Requirements: Employee may be required to travel to other locations within [Radius] miles of the primary location.

Option C: Vehicle Use:

• Option 1: Company Vehicle. Employee will be provided a company vehicle for work-related travel.
• Option 2: Personal Vehicle. Employee will use their personal vehicle for work-related travel and will be reimbursed at the current IRS mileage rate. Employee is responsible for maintaining valid insurance and a clean driving record in accordance with South Dakota law.

6. Work Schedule and Overtime

Option A: Regular Work Schedule: [Start Time] to [End Time], [Days of the Week].

Option B: On-Call Expectations: Employee will participate in an on-call rotation, as scheduled by the Employer. Response time to calls must be within [Time Frame].

Option C: Overtime: Overtime will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek, as required by the FLSA and applicable South Dakota law.

Option D: Meal and Rest Breaks: Employee is entitled to a [Length] minute unpaid meal break and [Number] paid rest breaks as required by South Dakota law.

7. Compensation and Benefits

Option A: Base Compensation: [Dollar Amount] per hour / [Dollar Amount] per year.

Option B: Payroll Schedule: Paid [Frequency, e.g., bi-weekly].

Option C: Wage Deductions: Permitted wage deductions will be made in accordance with South Dakota law.

Option D: Allowances:

• Tool Allowance: [Dollar Amount] per [Frequency, e.g., month].
• Uniform Allowance: [Dollar Amount] per [Frequency, e.g., year].
• PPE: Provided by Employer / Reimbursed by Employer up to [Dollar Amount] per [Frequency, e.g., year].

Option E: Benefits:

• Health, Dental, and Vision Insurance: [Coverage Details].
• Retirement Plan: [Plan Details].
• Paid Time Off: [Vacation Days] vacation days, [Sick Days] sick days.
• Paid Holidays: [List of Holidays].
• Other Leave: Bereavement Leave, Jury Duty Leave, Family and Medical Leave (as required by federal law).
• Workers’ Compensation Insurance: Coverage as required by South Dakota law.
• Unemployment Insurance: Coverage as required by South Dakota law.

8. Employer-Provided Equipment and Tools

Option A: List of Provided Items: [List of tools, equipment, uniforms, and mobile devices].

Option B: Use Policies: Equipment and tools are to be used solely for work-related purposes.

Option C: Responsibility for Care: Employee is responsible for the proper care and maintenance of all provided items.

Option D: Return Upon Termination: All provided items must be returned to the Employer upon termination of employment.

9. Intellectual Property

Option A: Ownership of Inventions: Any inventions or process improvements made by the Employee during employment, related to maintenance tasks or equipment, shall be the property of the Employer.

Option B: Exceptions: [List any allowed exceptions].

10. Confidentiality

Option A: Confidential Information: The Employee agrees to hold all confidential information, including keys, security codes, building plans, and maintenance logs, in strict confidence.

Option B: Prohibition on Disclosure: The Employee shall not disclose, share, photograph, or remove any confidential information, even after termination of employment.

11. Outside Employment

Option A: Restriction on Outside Employment: The Employee shall not engage in outside employment or contract work in maintenance-related fields without prior written approval from the Employer, where a conflict of interest may exist.

12. Workplace Conduct and Safety

Option A: Compliance with Safety Procedures: The Employee shall comply with all building safety codes and Employer safety procedures.

Option B: Reporting Accidents and Hazards: The Employee shall immediately report all accidents and hazards to the Employer.

Option C: Drug and Alcohol Policy: The Employee shall adhere to the Employer’s drug-free workplace policy and South Dakota law regarding drug/alcohol use on duty.

13. Anti-Discrimination and Harassment Policy

Option A: Non-Discrimination: The Employer is an equal opportunity employer and does not discriminate based on race, color, national origin, sex, religion, age, disability, genetic information, or veteran status, as protected by federal and South Dakota law.

Option B: Harassment Prohibition: The Employer prohibits harassment of any kind in the workplace.

14. Reporting Procedures

Option A: Safety Violations: The Employee shall report any safety violations to [Designated Person/Department].

Option B: Injuries: The Employee shall report any work-related injuries immediately to [Designated Person/Department].

Option C: Workers’ Compensation: The Employee shall follow the Employer’s procedures for filing workers’ compensation claims.

15. Termination and Separation

Option A: Grounds for Dismissal: The Employee may be dismissed for performance issues, misconduct, or safety violations.

Option B: Notice Period: [Number] days' notice of termination is required by either party. (If none, state "No notice period is required.").

Option C: Final Wage Payment: Final wages will be paid on the next regular payday after separation, as required by SDCL § 60-11-10.

Option D: Return of Property: The Employee shall return all Employer property upon termination of employment.

16. Dispute Resolution

Option A: Resolution Process: The parties agree to first attempt to resolve any disputes internally. If internal resolution fails, the parties agree to mediation or arbitration.

Option B: Governing Law and Venue: This Agreement shall be governed by the laws of the State of South Dakota. Venue for any legal action shall be in the courts of the county of the Employee’s principal worksite.

17. Acknowledgement

The Employee acknowledges that they have read and understand this Agreement, have had the opportunity to seek legal advice, and have received copies of all related Employer policy manuals or safety handbooks.

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

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

Signature: ____________________________

Date: ____________________________