Texas delivery driver employment contract template

Texas Delivery Driver Employment Contract

This Texas Delivery Driver Employment Contract (the "Agreement") is made and entered into as of this [Date] by and between:

• [Company Full Legal Name], a [State of Formation] corporation with a principal place of business at [Company Address], hereinafter referred to as "Employer,"
• and
• [Employee Full Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

WHEREAS, Employer desires to employ Employee as a full-time Delivery Driver, and Employee desires to be so employed;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Employment

• The Employer hires the Employee as a Full-Time Delivery Driver.

2. Job Duties

• Employee shall perform the following duties:
• Safe and timely pickup, transportation, and delivery of goods/packages.
• Loading and unloading procedures.
• Compliance with specific delivery schedules/routes.
• Handling customer signatures/confirmations.
• Completing delivery logs and electronic records (including GPS tracking).
• Adherence to vehicle cleanliness and basic maintenance.
• Reporting of accidents/incidents to the Employer per Texas law.

3. Vehicle Requirements

• Option A: Company-Provided Vehicle
• Employer will provide a vehicle for Employee's use. Employer is responsible for vehicle maintenance and insurance.
• Employer will handle fuel costs.
• Option B: Employee-Owned Vehicle
• Employee will use their own vehicle.
• Employee is responsible for vehicle maintenance, fuel, and insurance coverage that meets or exceeds Texas state minimums.
• Minimum insurance coverage limits: [Specify Limits, e.g., $30,000/$60,000/$25,000].
• Employer will reimburse mileage at a rate of [Dollar Amount] per mile.
• Option C: Rental Vehicle
• Employee will utilize a rental vehicle provided through a company program.
• The Company shall pay the rental expenses, however, the employee is responsible for their deductible, subject to the at-fault terms of the rental contract, as may arise.
• Accident reporting processes must adhere to company policy and Texas law.

4. Driver Qualifications

• Minimum age: [Age].
• Valid/current Texas driver license of appropriate class (e.g., Class C).
• Clean driving record as determined by Employer's insurance carrier.
• Periodic motor vehicle report (MVR) checks.
• Background check.
• Drug/alcohol testing pursuant to company policy and Texas Transportation Code.
• Physical capacity to lift [Weight] pounds.
• Professional appearance/uniform requirements: [Describe Uniform Requirements].

5. Employment Status

• Employee's employment status is full-time. Employee is not an independent contractor.

6. Working Hours

• Standard working hours: [Number] hours per week.
• Shift scheduling: [Describe Scheduling, e.g., Monday-Friday, 8:00 AM - 5:00 PM].
• Weekend/holiday work: [Specify Requirements].
• Required availability for overtime: [Specify Policy].
• Overtime pay: 1.5x hourly rate for hours worked over 40 in a workweek.
• Meal/rest breaks: [Specify Schedule in Compliance with Texas Labor Code].
• Electronic timekeeping: Employee must accurately record all work hours using [Timekeeping System].

7. Place of Work

• Delivery area: [Specify Region or Delivery Area within Texas].
• Daily departure/return location: [Specify Location].
• Travel requirements: [Specify, e.g., local deliveries only, occasional out-of-town deliveries].
• Location-specific security protocols: [Describe Protocols, if Any].

8. Compensation

• Option A: Hourly Wage
• Hourly wage/rate: [Dollar Amount] per hour.
• Option B: Salary
• Annual salary: [Dollar Amount] per year.
• Frequency of payment: [Biweekly/Semimonthly].
• Overtime rate: 1.5x hourly rate for hours worked over 40 in a workweek.
• Performance-based bonuses: [Describe Bonus Structure, if Any, e.g., on-time delivery count, safe-driving record].
• Tips/gratuities handling: [Specify Policy, e.g., Employee keeps all tips].
• Mileage reimbursement (if applicable): [Dollar Amount] per mile for use of personal vehicle.
• Parking/toll costs: [Specify Reimbursement Policy].
• Pay advance/adjustment procedures: In accordance with Texas Payday Law.

9. Benefits

• Health insurance: Eligibility and enrollment timeframe per company policy.
• Vision/dental insurance: [Specify Availability].
• Short/long-term disability: [Specify Availability].
• Life insurance: [Specify Availability].
• 401(k) or retirement plans: [Specify Availability].
• Paid time off (PTO): [Specify Accrual Rate and Usage Policy].
• Texas state holidays: [List Observed Holidays].
• Sick leave: [Specify Accrual Rate and Usage Policy].
• Bereavement leave: [Specify Policy].
• Jury duty leave: Per Texas law.
• Workers' compensation: Employer provides Texas-mandated workers' compensation coverage.

10. Safety

• Mandatory safety training: [Specify Training Details].
• Defensive driving course: [Specify Requirements].
• Accident prevention: Employee must adhere to all safety protocols and procedures.
• Use of GPS/electronic monitoring: Employer may use GPS and electronic monitoring for safety and efficiency.
• Mobile device use policy: Compliant with Texas distracted driving laws. No texting while driving.
• Seatbelt policy: Mandatory seatbelt use at all times.
• Employer-provided PPE: [List PPE, e.g., masks, gloves, if required].
• Drug/alcohol testing: Per company policy and applicable regulations.

11. Property/Equipment

• Use, care, and return of company vehicles: Employee is responsible for proper care and maintenance (within the scope of routine driver duties) and must return the vehicle in good condition upon termination of employment.
• Use, care, and return of electronic devices: Employee is responsible for the proper use and return of any company-provided electronic devices.
• Use, care, and return of uniforms: Employee must wear the provided uniform during work hours and return it in good condition upon termination.
• Use, care, and return of fuel cards: Employee must use fuel cards only for authorized company vehicle fuel purchases.
• Handling of lost/damaged items: Employee must immediately report any lost or damaged items to Employer.

12. Confidentiality

• Employee shall protect the confidentiality of delivery data, customer information, and electronic route/receipt logs.
• Employee agrees to comply with Texas data security statutes, including the Texas Identity Theft Enforcement and Protection Act.

13. Package/Content Handling

• Tampering/theft is strictly prohibited.
• Required inspection protocols for hazardous or perishable goods: [Specify Protocols].
• Adherence to Texas state transportation and hazardous materials regulations (if applicable).
• Limits on personal package transport during work hours: Personal packages are prohibited.

14. Non-Competition

Employee acknowledges that access to certain sensitive information may warrant a non-competition agreement. Any such agreement will be governed by the Texas Business and Commerce Code and will be narrowly tailored, supported by reasonable consideration, and limited to a reasonable geographic area and duration. [If applicable, attach a separate Non-Competition Agreement].

15. Standards of Conduct

• Punctuality: Employee is expected to be punctual and arrive on time for all scheduled shifts.
• Professional customer interaction: Employee must maintain a professional and courteous demeanor when interacting with customers.
• Dispute escalation process: [Describe Internal Dispute Escalation Process].
• Substance abuse policies: Aligned with DOT/FMCSA regulations (if applicable).
• Dress/uniform compliance: Employee must adhere to the uniform policy outlined in Section 4.

16. Delivery Discrepancies/Accidents

• Procedures for delivery discrepancies: Employee must immediately report any delivery discrepancies to [Designated Contact].
• Accident or injury reporting: Employee must immediately report any accidents or injuries to [Designated Contact] and comply with all applicable Texas laws.
• Cooperation with law enforcement: Employee must cooperate fully with law enforcement investigations per Texas statute.

17. Anti-Discrimination and Anti-Harassment

• Employer is an equal opportunity employer and prohibits discrimination based on race, color, national origin, sex, age, disability, religion, or any other protected characteristic under Texas Labor Code Chapter 21.
• Employer maintains a strict anti-harassment policy.
• Complaint handling process: [Describe Complaint Handling Process].

18. Termination

• Employment is "at will," meaning either party may terminate the employment relationship at any time, with or without cause, subject to applicable law.
• Voluntary/involuntary termination procedures: [Describe Procedures].
• Required notice: [Specify if Notice is Required].
• Final paycheck timing: In accordance with Texas Payday Law.
• Return of company property: Employee must return all company property upon termination.
• Post-termination obligations: Employee must continue to protect the confidentiality of company information after termination. The company vehicle, and all associated tools, must be returned to the employer at the termination of the employment relationship.
• Eligibility for rehire: [Specify Policy].

19. Dispute Resolution

• Internal reporting: Employee should first attempt to resolve any disputes through internal reporting channels.
• Escalation: [Describe Escalation Process].
• Mediation: [Specify if Mediation is Required].
• Binding arbitration: [Specify if Binding Arbitration is Required].
• Choice of law/venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any legal action shall be in [County Name] County, Texas.

20. Required Postings

• Employer shall display state-required posters for workers' compensation and Fair Labor Standards Act.
• Procedures for accessing workers' compensation: [Describe Procedures].
• Reporting unsafe work conditions: [Describe Procedures].
• Compliance with Texas Department of Insurance and Texas Workforce Commission regulations.

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

____________________________

[Company Representative Name], Employer

____________________________

[Employee Name], Employee