For those who use a recruitment agency, it is important to remember that agencies generally put their clients` needs first, ahead of those of the contractor. The contractor may also require that the agreement contain certain conditions that appear to be quite reasonable in an employment relationship, but which weaken the classification of independent contractors. You must be prepared to refuse such requests. Where possible, you should propose legitimate alternatives to maintain the status of independent contractor in a reasonable manner. Courts and agencies also favour early termination at the unlimited discretion of both parties. On the contrary, an early dismissal for significant offences – such as no. B-compliance or the achievement of an agreed progress objective – reflects a better independent counterparty relationship than an end to an unreased delay. You may also consider a termination provision that provides for the possibility of remedying benefit deficiencies as part of an early termination procedure. 5. Intellectual property – Part of intellectual property is an important part of the agreement. Most contractors create content that is used repeatedly by the customer.
In general, the contractor owns its content, but this section defines the legal ones for the use of that content. Some customers may include a Work for Hire clause that defines ownership to the customer in place of the creator. When developing the independent contractor agreement, you must consider the appropriate tests for the status of an independent contractor. While the agreement alone does not encourage a challenge to a worker`s classification, it can provide useful evidence of the parties` intent and, in some cases, establish a secure port defence against a tax authority. See navigating Statutory Safe Harbors, including Section 530 of the 1978.xv Revenue Act See also IRS Fact fact sheet regarding Section 530 Safe Harbor.xvi One thing to consider when deciding how to pay your contractor, how often you pay your independent contractor. Some options, as you can go, include weekly or monthly retention, an hourly rate or a payment per project. Key elements of the agreement It is important to design an agreement that outlines all the important aspects of the project you have chosen. Here`s an example. Although each contract is unique, legal experts recommend that the following be included in each agreement: the following subsections review and develop draft common provisions in independent contract contracts.