Employee contractCOMPLETE BEFORE TRAINING NAME * This contract is made between raised by the waves and EMPLOYEE (NAME BELOW). This document constitutes an employment agreement between these two parties and is governed by the laws of Hawai’i. WHEREAS the Employer desires to retain the services of the Employee, and the Employee desires to render such services, these terms and conditions are set forth. First Name Last Name DATE * IN CONSIDERATION OF THIS MUTUAL UNDERSTANDING, THE PARTIES AGREE TO THE FOLLOWING TERMS AND CONDITIONS FROM THIS DATE FORWARD. EMPLOYEE HIRE DATE AND ONE MONTH PROBATION BEGINS WHEN TRAINING IS COMPLETE AND EMPLOYEE SIGNS CONTRACT. MM DD YYYY EMAIL * EMPLOYMENT * The Employee agrees that he or she will faithfully and to the best of their ability carry out the duties and responsibilities communicated to them by the Employer. The Employee shall comply with all company policies, rules and procedures at all times. The employee has read through the employee handbook. BY CHECKING THIS BOX I AGREE POSITION * As a Barista, it is the duty of the Employee to perform all essential job functions and duties. From time to time, the Employer may also add other duties within the reasonable scope of the Employee’s work. A 6 month minimum commitment is required for all Employees, beginning on the first day of training. Transplant Employees or Non Hawai'i Resident Employees (living on island for less than 5 years) will not be paid for training. BY CHECKING THIS BOX I AGREE COMPENSATION As compensation for the services provided, the Employee shall complete 4 days of unpaid training then transition if they pass be paid a wage of $10 per hour initiating a 30-day probation period, after which the wage will be raised to $13 per hour provided the Employee successfully passes the 30 day probationary period. At the Employee’s 3-month mark, their wage will be increased to the minimum wage of $14 per hour, contingent upon meeting all expectations and demonstrating the ability to operate in both stations while executing daily cafe operations properly and independently. However, if the Employee fails to improve their skills and work performance by the 1-month and 3-month evaluations, the hourly wage will remain below minimum wage until such time as the Employee meets and fulfills work expectations. First time hires (brand new employee first job) can be kept at $10/hourly until they meet employee expectations all around the cafe. A bonus to working for our cafe and why we are able to set our hourly rates as described is that all Employees receive weekly cash tips. These tips are not taxed, and we do not pool tips. However, if Employee(s) consistently fail to meet work expectations, we reserve the right to implement tip pooling. Employee is responsible for ensuring that cash deposits match the expected amounts in the drawer at the end of each shift. In cases where discrepancies occur, the amount of missing funds will be deducted from the Employee's tips for the week. The Employee will be subject to quarterly and/or annual performance reviews. All payments shall be subject to mandatory employment deductions, including State & Federal Taxes, Social Security, and Medicare. BY CHECKING THIS BOX I AGREE BENEFITS * The Employee has the right to participate in any benefits plans offered by the Employer. Access to these benefits will only be possible after Employee’s 3 month mark has passed. BY CHECKING THIS BOX I AGREE TRAINING / PROBATION PERIOD * It is understood that the first month of employment constitutes a training/probationary period. The training period is unpaid and a minimum of 4 training shifts, however depending on the experience and progress of the employee more training days may be required. During the training period, the Employee is not eligible for tips or full time benefits. Once they pass their one month probationary period hourly wage will raise to $13 as long as employee meets expectations. The probationary period is 1 month/30 days at $10/hourly during this time the Employee will be monitored and assessed based on their performance and work ethic. If employee is not meeting expectations or performing by the end of their 1 month probationary period, employee's hourly will stay at the probation pay until improvement. During this period, the Employer also exercises the right to terminate employment at any time without advanced notice based on the employees work performance. BY CHECKING THIS BOX I AGREE VACATION / SICK TIME * Employee vacation time must be approved by the Employer with a minimum notice of 30 days prior to vacation date. If you do not give a 30 day notice, it will be your responsibility to get your all shifts covered and inform the Employer of who will be working your shift(s). If you are sick it is your responsibility to get your shift covered or you must give a 24 hour minimum notice to the Manager for shift coverage with a doctors note. We do not provide paid sick leave or paid vacation time. BY CHECKING THIS BOX I AGREE TERMINATION * It is the intention of both parties to form a long and mutually profitable relationship. However, this relationship may be terminated by either party at any time provided 2 week written notice is delivered to the other party. The employer has authority to terminate employment at any time, if employee breaches any part of the contract or does not fulfill employee expectations. The Employee agrees to return any Employer property upon termination in order for final paycheck to be processed and tips, this includes employee keys and employee benefits. In the event that Employee fails to return Employer property or fails to give a 2 week written notice, employee will be exempt from referral and hourly will be dropped to $10 for their last paycheck. BY CHECKING THIS BOX I AGREE NDA Non-Competition / Confidentiality * NDA [Non Disclosure Agreement] As an Employee, you will have access to confidential information that is the property of the employer, Raised By The Waves Inc. You are not permitted to disclose this information outside of the Company. This includes all recipes/ingredients and any food or drink item made/sold/prepared by Raised By The Waves Inc. You are not allowed to disclose any business information, this includes anything regarding business operations and confidential information. If any customers/persons asks about something regarding business information please refer them to contact the owners via email: aloha@raisedbythewaves.com and do not disclose any information whatsoever. During your time of Employment with the Employer, you may not engage in any work for another Employer that is related to or in competition with the Company. You will fully disclose to your Employer any other Employment relationships that you have and you will be permitted to seek other employment provided that (a.) it does not detract from your ability to fulfill your duties, and (b.) you are not assisting another organization in competing with the employer. It is further acknowledged that upon termination of your employment, you will not solicit business from any of the Employer’s clients/customers. BY CHECKING THIS BOX I AGREE ENTIRETY * This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time by the Employer, provided the written consent of both the Employer and the Employee. BY CHECKING THIS BOX I AGREE LEGAL AUTHORIZATION * The Employee agrees that he or she is fully authorized to work in USA Hawaii and can provide proof of this with legal documentation. This documentation will be obtained by the Employer for legal records. BY CHECKING THIS BOX I AGREE SEVERABILITY * The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record and the remaining provisions will retain their full force and effect. BY CHECKING THIS BOX I AGREE JURISDICTION * This contract shall be governed, interpreted, and construed in accordance with the laws of Hawai’i, USA. BY CHECKING THIS BOX I AGREE SIGNATURE * In witness and agreement whereof, the Employer has executed this contract with due process through the authorization of official company agents and with the consent of the Employee, given here in writing. I AGREE BY TYPING MY NAME BELOW I HAVE READ ALL TERMS AND CONDITIONS AND HAVE SIGNED THIS CONTRACT. First Name Last Name Thank you!
