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A South Carolina employment contract is a legally binding agreement between an employee and employer that defines the employee’s rights, obligations, and the conditions of their employment. This contract is presented to the employee before they accept their position, and they should understand and agree to all provisions therein before signing.
An employment contract covers the employee’s position and duties, their wages, the benefits, commissions, and bonuses they may receive, any time off for vacation, sick days, and holidays, and the period of employment. The period of employment is an important clause as it defines the termination options of the parties. If the employment contract is “at-will,” either party may terminate the agreement at any time for almost any reason (see exceptions below).
Contents |
Types (2)
Independent Contractor Agreement – Written contract between a client and the contractor they hired for a job.
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Subcontractor Agreement – A document outlining the terms of a professional relationship between a contractor and subcontractor.
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Laws
- Labor Statutes: Title 41
- Definition of Employee: § 41-1-65(A)(2)
- Minimum Wage: Federal Min. Wage – $7.25/hr (29 U.S.C. § 206)
- Overtime: One and a half (1.5) times the worker’s hourly rate, as per federal law (29 U.S.C. § 207(a)(1)).
- Record Keeping: Employers must keep payroll records for at least three (3) years (§ 41-10-30(B)).
At-Will Employment
Permitted? Yes, employers can terminate an employee for any reason at any time as long as the termination isn’t based on a legally prohibited reason. These reasons include discrimination (against age, sex, race, etc.), retaliation for exercising a right (e.g., jury duty, reporting workplace violation, refusing to commit a legal act), or if an employment contract does not allow termination without cause.