The formation of the relationship of employer and employee by written agreement is, as a general matter, determined by the usual principles governing the formation of all contracts. The essentials of a binding employment contract include:
- an agreement;
- between competent parties;
- based upon the genuine assent of the parties;
- supported by consideration;
- made for a lawful objective; and
- and in the form required by law.
South Dakota Employment Agreement of Part Time Preschool Teacher Introduction: A South Dakota Employment Agreement of Part Time Preschool Teacher outlines the terms and conditions of employment between a preschool teacher and an educational institution or a daycare center in the state of South Dakota. This agreement establishes the rights and responsibilities of both parties and ensures a mutually beneficial working relationship. It is important to understand that there may be slight variations in the employment agreements depending on the specific institution and other factors involved. Key Elements of the Agreement: 1. Job Description: This agreement includes a detailed job description that outlines the responsibilities and duties of the part-time preschool teacher. The job description typically includes tasks such as planning and implementing age-appropriate curriculum, conducting classroom activities, maintaining a safe and nurturing environment, and fostering the intellectual, social, and emotional development of young children. 2. Employment Terms: The agreement specifies the duration and nature of employment, indicating that the position is part-time and the anticipated hours of work. It also clarifies if the employment is for a fixed term or an ongoing basis, depending on the institution's policies. 3. Compensation and Benefits: The agreement explains the compensation structure, including the rate of pay and any additional benefits such as paid time off, sick leave, or retirement benefits, if applicable. It may also outline any eligibility requirements for benefits and the method of payment. 4. Working Hours and Schedule: The working hours and schedule are clearly defined in the agreement, including the number of hours per week and the specific days and times the teacher will be required to be present at the preschool. It may also address flexibility in scheduling, potential changes in hours, and any overtime compensation policies. 5. Code of Conduct and Professional Standards: The agreement may include a code of conduct that outlines the professional standards expected from the preschool teacher, including ethical behavior, dress code, confidentiality, and other classroom policies. It may also address child protection and reporting responsibilities as required by state law. 6. Performance Evaluation: The agreement may outline the process of performance evaluation, including the frequency, criteria, and procedures for assessing the teacher's performance. It may mention opportunities for professional development and continuing education. 7. Termination: The agreement may specify the conditions under which either party can terminate the employment, such as voluntary resignation, retirement, dismissal for just cause, or non-renewal of a fixed-term contract. It may also outline the notice period required for termination. Types of South Dakota Employment Agreements of Part Time Preschool Teacher: 1. Standard Part-Time Employment Agreement: This agreement outlines the terms and conditions for a part-time preschool teacher as detailed in the key elements above. 2. Fixed-Term Part-Time Employment Agreement: This agreement is utilized when the position is for a defined period, such as covering a teacher's maternity leave or a temporary increase in student enrollment. 3. Substitute Part-Time Employment Agreement: This specific agreement is designed for substitute preschool teachers who are employed on an as-needed basis to fill in for regular teachers during their absence, illness, or vacation. Conclusion: A South Dakota Employment Agreement of Part Time Preschool Teacher is a vital document that establishes the rights and responsibilities of part-time preschool teachers and their employers. It ensures clarity, fairness, and professionalism in the working relationship, creating a conducive environment for high-quality early childhood education.