South Dakota software developer employment contract template

South Dakota Software Developer Employment Contract

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

1. Job Title and Description

• The Employer hereby employs Employee as a Software Developer.
• The Employee's duties and responsibilities include, but are not limited to:
  • Requirements analysis and specification
  • Software architecture, design, and implementation
  • Front-end and back-end development
  • Database design and management
  • Debugging and troubleshooting
  • Code documentation
  • Testing (unit, integration, system)
  • Continuous integration and deployment (CI/CD)
  • Code review participation
  • Version control using [Version Control Tool, e.g., Git/GitHub/Bitbucket]
  • Participation in agile or other development methodologies (e.g., Scrum, Kanban)
  • Collaboration with team members and cross-functional departments
  • Utilization of programming languages and technologies including [List of Programming Languages/Frameworks/Libraries]
  • Use of databases such as [List of Databases]
  • Use of IDEs such as [List of IDEs]
  • Utilization of project management tools such as [List of Project Management Tools]

2. Required Skills and Certifications

• The Employee possesses and shall maintain the following skills:
  • Proficiency in [Specific Programming Language, e.g., Java]
  • Experience with [Specific Framework, e.g., Spring Boot]
• Option A: The Employee is required to obtain the following certifications within [Number] months of employment: [List of Certifications]. The Employer [Will/Will Not] reimburse the cost of these certifications.
• Option B: The Employee is not required to obtain any specific certifications.
• Employee is expected to attend technical training, both internal and external, to maintain and improve technical competency as reasonably directed by Employer.

3. Reporting Structure, Performance Metrics, and Deliverables

• The Employee will report to [Supervisor Title].
• Performance will be evaluated based on:
  • Timely completion of assigned tasks.
  • Code quality and adherence to coding standards.
  • Participation in team activities such as stand-up meetings, sprint planning, and code reviews.
  • Adherence to project deadlines.
• The Employee shall participate in regular stand-up meetings, sprints, and code reviews.
• Deliverables include, but are not limited to: Working software code, technical documentation, test plans, and reports as directed by the Employer.

4. Work Location and Conditions

• The primary work location is [Employer Address].
• Option A: The Employee will work entirely on-site.
• Option B: The Employee will work remotely [Percentage]% of the time.
  • The Employee is responsible for maintaining a safe and ergonomic home office environment compliant with South Dakota workplace safety standards.
  • The Employer [Will/Will Not] provide necessary equipment, including [List of Equipment].
  • The Employer [Will/Will Not] reimburse the employee for internet costs.
• Employee agrees to comply with all employer policies, including but not limited to those related to data security and remote work.

5. Employment Status and Workweek

• The Employee is employed as a full-time employee.
• The standard workweek is 40 hours per week, Monday through Friday.
• The expected work schedule is [Start Time] to [End Time].
• Option A: The company offers flex-time.
• Option B: The company has core hours of [Start Time] to [End Time].
• Requests for remote or hybrid arrangements will be considered in accordance with company policy.
• Employee is responsible for accurately tracking and reporting time worked.

6. Compensation

• The Employee's annual base salary is [Salary Amount], payable [Bi-weekly/Monthly].
• The method of payment is [Direct Deposit/Check].
• Option A: The Employee is eligible for overtime pay at a rate of 1.5 times their regular hourly rate for hours worked over 40 in a workweek, subject to applicable South Dakota and federal law.
• Option B: The Employee is not eligible for overtime pay due to [Exemption Rationale].
• Option C: The Employee may be eligible for a discretionary bonus based on performance.
• Option D: The employee [is/is not] eligible for stock options as part of the compensation plan. Details will be provided separately.

7. Benefits

• The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable plans:
  • Medical, dental, and vision insurance
  • Life insurance
  • 401(k) or other retirement plan
  • Disability coverage
  • Paid time off (vacation, sick leave, bereavement, jury duty, South Dakota state-recognized holidays)
  • Option A: Remote work stipend: [Amount] per [Frequency]
  • Option B: Technical equipment allowance: [Amount]
  • Option C: Professional development reimbursement: up to [Amount] per year.

8. Employee Status

The Employee is an employee of the Employer and not an independent contractor. This is a full-time position with all the standard benefits of an employee, and the Employee is subject to the direction and control of the Employer regarding the performance of their duties.

9. Intellectual Property Ownership

• All software, inventions, source code, scripts, documents, algorithms, technical designs, databases, and related work products developed by the Employee during the course of their employment shall be the sole property of the Employer.
• The Employee agrees to assign all rights, title, and interest in such work products to the Employer.
• Use of open-source libraries requires prior written approval from [Designated Approver].
• Employee shall disclose any prior inventions or side projects not owned by Employer in Appendix A.

10. Confidentiality

The Employee agrees to hold all confidential information of the Employer, including but not limited to proprietary code, business logic, client data, trade secrets, source code repositories and credentials, in strict confidence, both during and after the term of employment. Upon termination of employment, the Employee shall return or destroy all confidential information in their possession.

11. Behavioral Standards

• The Employee shall comply with all company technical policies, including those related to IT security, data protection, and appropriate use of company systems.
• The Employee shall adhere to secure coding standards and participate in required internal and external security training.
• The Employee will commit to regular progress reporting and active contribution to technical meetings.

12. Non-Solicitation

During the term of employment and for a period of [Number] months following termination, the Employee shall not solicit the Employer's customers, employees, or contractors within a [County/State/Radius Miles] radius of [Employer Address]. This provision is limited to direct competitors of the Employer in the field of [Specific Business Area].

The parties acknowledge that South Dakota law governs the enforceability of non-solicitation agreements.

13. 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, and with or without notice, subject to the following:

• Option A: Employee will provide [Number] days written notice of resignation.
• Option B: Employer will provide [Number] weeks notice of termination or pay in lieu thereof, except in cases of termination for cause.

Upon termination, the Employee shall return all company property. Final pay will be provided within the timeframe required by South Dakota law.

• Option A: Severance pay will be provided in accordance with company policy.
• Option B: Severance pay will not be provided.

14. Termination for Cause

The Employer may terminate the Employee's employment for cause, including but not limited to:

• Misconduct
• Breach of confidentiality
• Violation of IT policies
• Documented poor performance
• Legal compliance violations.

Upon termination, Employee is expected to assist with project transfer and completion, including providing source code and documentation updates.

15. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved first through internal complaint resolution procedures. If internal procedures are unsuccessful, the parties agree to attempt non-binding mediation in South Dakota. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, and any legal action relating to this Agreement shall be brought exclusively in the state or federal courts located in [County Name] County, South Dakota.

16. Compliance with South Dakota Laws

The Employer complies with South Dakota's workers' compensation laws, occupational safety and health standards, and anti-discrimination laws. The Employer offers an employee assistance program to support employee well-being.

17. Equal Opportunity Employment

The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other characteristic protected by federal, state, or local law.

18. Notification of Changes

Any changes to the terms of employment will be communicated to the Employee in writing.

19. 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.

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

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________

Appendix A: List of Employee’s Prior Inventions and Side Projects (if any)

[Employee List Here]