Kitchen Staff Employment Agreement

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Kitchen Staff Employment Agreement Powered By Docstoc
					Kitchen Staff Employment
Agreement
This employment agreement is between a company and an employee that is being hired
to work as part of the company’s kitchen staff. This agreement is ideal for restaurants,
cafes, bars, and other establishments that offer food to consumers or have a kitchen
staff. Customize the employee’ hourly rate, the number of hours per week employee will
work, the employee’s job duties, and more. This agreement should be used by
individuals or small businesses that want to hire a kitchen staff team member.
                      KITCHEN STAFF EMPLOYMENT AGREEMENT

THIS KITCHEN STAFF EMPLOYMENT AGREEMENT (hereinafter referred to as the
“Agreement”) is made and entered into as of ____________________ [Instructions: Insert the
date of this agreement] (hereinafter referred to as the “Effective Date”), by and between
____________________ [Instructions: Insert the Company’s name] (hereinafter referred to as
the “Company”), of ____________________________________________________________
[Instructions: Insert the Company’s address] and ____________________ [Instructions:
Insert the Employee’s name] (hereinafter referred to as the “Employee”), of
____________________________________________________________. [Instructions: Insert
the Employee’s address]

WHEREAS, Company desires to employ Employee as a kitchen staff member and, subject to
the terms and condition contained herein, Employee desires to accept such employment.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
below, it is hereby covenanted and agreed by the parties as follows:

1.       EMPLOYMENT

        a.      Employee shall be employed by Company as a kitchen staff member. Following
are the essential kitchen staff member job functions and duties:

                 i.         __________ [Instructions: Insert job function/duty]

                ii.         __________ [Instructions: Insert job function/duty]

               iii.         __________ [Instructions: Insert job function/duty]

             iv.       Operations duties, including without limitation: attending scheduled team
or shift meetings; and training new kitchen staff members.

             v.      Employee shall also perform such other duties as are typically performed
by other persons employed as kitchen staff members, as well as such other reasonable duties as
may be assigned from time to time by Company.

       b.      Employee may engage in other business or professional activity, provided that
such activity is not performed by Employee during Company's normal working hours, is not
performed at Company's place of business, and does not compete with Company's business.
While working for Company, Employee shall honestly, diligently and faithfully serve Company
and use Employee’s best efforts to promote the interests of Company.

        c.      Employee shall work no less than __________ (___) [Instructions: Insert the
minimum number of hours per week Employee will work] hours each week, during periods
designated by Company. Employee understands and agrees that Employee will not work more
than forty (40) hours in any work week without the prior authorization of Company.


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2.       TERM AND TERMINATION

Employee’s employment by Company shall be on an “at will” basis. This Agreement may be
terminated as follows:

       a.      By Employee, at any time, for any reason, on the giving of __________ (_____)
[Instructions: Insert the number of days notice Employee must provide to terminate
employment] days written notice to Company. Company may waive notice, in whole or in part
and if it does so, Employee’s entitlement to remuneration and benefits pursuant to this
Agreement will cease on the date that Company waives such notice.

        b.      By Company, in its absolute discretion, without any notice or pay in lieu thereof,
for cause. For the purposes of this Agreement, cause includes: (i) any material breach of the
provisions of this Agreement; (ii) any conduct of Employee which as judged in the sole
discretion of Company, tends to bring Employee or Company into disrepute; (iii) filing of any
criminal charges against Employee, where such cause is not prohibited by law; and (iv) any and
all omissions, commissions or other conduct which would constitute cause at law, in addition to
the specified causes.

        c.     By Company, in its absolute discretion, for any reason on giving Employee
__________ (_____) [Instructions: Insert the number of days notice Company must provide
to terminate employment] days written notice or on paying Employee the equivalent pay in lieu
of notice. The payments contemplated in this paragraph include all pay under applicable state
and/or federal statute. In the event the minimum statutory requirements as at the date of
termination provide for any greater right or benefit than that provided in this Agreement, such
statutory requirements will supersede the payments contemplated hereunder. Employee agrees
to accept payment in lieu of notice, as set out in this paragraph, as a full and final settlement of
all amounts owed to Employee by Company upon termination (including any statutory or
common law rights and/or remedies) and Employee expressly waives any claim to any other
payment or benefits from Company.

3.       COMPENSATION

      a.     Wages. As full compensation for all services provided for herein, Company shall
pay Employee an hourly rate of __________ Dollars ($_____) [Instructions: Insert the
Employee’s hourly wage amount] per hour worked (the “Wages”) to be paid in [Instructions:
Choose one:] weekly OR semi-monthly OR monthly installments, in accordance with
Company’s usual payment practices. Such Wages shall be subject to deductions by Company, as
Company is legally required to make or as otherwise agreed by Employee.

        b.    Overtime. The Wages set forth herein, are for a workweek of forty (40) hours.
Employee shall be entitled to receive overtime compensation for hours worked in excess of forty
(40) in a work week at a rate and in a manner specified by law. Notwithstanding the foregoing,
Employee understands and agrees that Employee will not work more than forty (40) hours in any
work week without the prior authorization of Company.



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4.       COMPANY’S POLICY MANUAL

 Company has provided Employee with a complete copy of each of Company’s policies
(“Company’s Policy Manual”). Each of the terms and conditions of contained within
Company’s Policy Manual are incorporated herein. Employee expressly consents to each of the
terms and conditions contained within Company’s Policy Manual and agrees to comply
therewith. A breach of any term or condition of Company’s Policy Manual shall be deemed a
breach hereof.

5.       BENEFITS

[Instructions: Insert this section only if Employee will receive benefits]

       a.     Vacation Time. Employee shall be entitled to vacation time in the amount of
__________ (_____) [Instructions: Insert the number of vacation days Employee will
receive per year] days per year, during which time Employee’s compensation shall be paid in
full. Such vacation time may be taken at such time or times as is mutually agreed, provided that
such vacation time will be scheduled at such time as will least interfere with the business of
Company. Employee [Instructions: Choose one:] shall OR shall not be permitted to carry
forward any unused vacation into the next calendar year.

       b.      Sick Leave. Employee shall be entitled to sick leave in the amount of
__________ (_____) [Instructions: Insert the number of sick days Employee will receive per
year] days per year, during which time Employee’s compensation shall be paid in full.
Employee shall not be permitted to carry forward any unused sick leave days into the next
calendar year.

        c.    Health Insurance. Company agrees to provide health coverage for Employee,
Employee's spouse and dependents under a group accident and health insurance policy, the terms
and benefits of which shall be determined by Company, in Company’s sole and absolute
discretion. Company reserves the right to change or terminate such policy.

       d.     Meals and Drinks. As set forth in more detail in Company’s Policy Manual,
Employee may be eligible for free food and drink while on duty and Employee and Employee’s
immediate family members (parents, siblings, spouse, and children) may be eligible for
discounted food and drinks while Employee is off-duty.

6.       REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

        a.      Employee represents and warrants that: (i) Employee has the full right and
authority to enter into and perform this agreement; (ii) Employee has not made and will not make
any agreements or commitments that will conflict with or impair the rights and/or privileges
granted to Company hereunder; and (iii) the compensation set forth herein represents
Employee’s full and complete compensation for all services provided hereunder.




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        b.      Employee agrees to defend, indemnify and hold Company and its successors,
licensees, assigns, shareholders, agents and employees, harmless from and against any and all
third party liabilities, losses, claims, demands, costs (including reasonable outside attorney's
fees), and expenses arising out of (i) any breach of any representation or warranty made
hereunder; (ii) Employee’s performance or failure to perform the job functions and/or duties
hereunder; and/or (iii) Employee’s conduct while engaging in any activity outside the scope of
this Agreement, before, during or after the termination of this Agreement. Employee
understands that this obligation of indemnification survives the expiration or termination of this
Agreement.

7.       MISCELLANEOUS

       a.     This Agreement constitutes the entire agreement between the parties hereto with
respect to the specific subject matter hereof and supersedes all prior agreements or
understandings of any kind with respect to the specific subject matter hereof.

       b.       In the event that any provision or part of this Agreement shall be deemed void or
invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and
remain in full force and effect.

         c.     Any modification to this Agreement must be in writing and signed by the parties
or it shall have no effect and shall be void.

        d.     The rights which accrue to Company under this Agreement shall inure to the
benefit of and shall be binding upon Company’s successors or assigns. The rights of Employee
under this Agreement are not assignable or transferable in any manner.

        e.      Any notice required or permitted to be given to Employee shall be sufficiently
given if delivered to Employee personally or if mailed by certified mail, return receipt requested
to Employee’s address last known to Company, or if delivered to Employee via facsimile. Any
notice required or permitted to be given to Company shall be sufficiently given if mailed by
certified mail, return receipt requested to Company’s main office, or if delivered to Company via
facsimile.

       f.      No failure by either party to pursue any remedy resulting from a breach of any
provision of this Agreement by the other party shall be construed as a waiver of that breach or as
a waiver of any subsequent or other breach unless such waiver is in writing and signed by an
authorized representative of the non-breaching party.

       g.     This Agreement shall be governed in accordance with the laws of the State of
______________________ [Instructions: Insert the state’s laws that will govern this
agreement] applicable to agreements to be wholly performed therein, without giving effect to its
laws governing conflict of laws.

//
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IN WITNESS WHEREOF, the Company and Employee have executed this Agreement as of
the date written by their respective signatures below.


COMPANY



_____________________________
Name: ____________________ [Instructions: Insert the name of the Company’s signatory]
Title: ____________________ [Instructions: Insert the signatory’s job title or job position]
Date: ____________________ [Instructions: Insert the date of the Company’s signature]



EMPLOYEE



_____________________________
Name: ____________________ [Instructions: Insert the Employee’s name]
Date: ____________________ [Instructions: Insert the date of the Employee’s signature]




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DOCUMENT INFO
Description: This employment agreement is between a company and an employee that is being hired to work as part of the company’s kitchen staff. This agreement is ideal for restaurants, cafes, bars, and other establishments that offer food to consumers or have a kitchen staff. Customize the employee’ hourly rate, the number of hours per week employee will work, the employee’s job duties, and more. This agreement should be used by individuals or small businesses that want to hire a kitchen staff team member.