Note that the information provided in this document is not legal advice and is provided for informational and educational purposes only.

In this article, I will be discussing some nuances when drafting agreements with independent contractors and contracts.

Job Description
In this part of the agreement, the parties can easily describe the conditions under which the independent contractor or "IC" will work. A description work is simply a standard document which is attached and incorporated into the agreement allowing the parties to agree on what work to do. The description of work often include information on the services to be performed, the start date and end date, compensation, a payment plan (if any), required progress reports (if any), the special conditions of customer acceptance (if any), etc.

Character the relationship
It is very important that the parties explain what nature or character of their relationship will be. Of course, companies that want to be independent working apart. But the reality may dictate otherwise (for example, the relationship may be that of employer-employee, joint venturers or partners, trust and beneficiary, etc.). Therefore, it is important that the agreement clearly state that the relationship is one of independent contractor and client. The reality must also reflect this. Many factors Trier courts and other de facto are used to determine what exactly the relationship is – including control, ownership of tools, the capacity for independent contractor alleged to make more money or make losses, control and management of work, training, payment type and form of payment, working hours and length of contract, etc. It is best to try to address these factors in the agreement to not end up leaving in the hands of a court to determine on the basis of the all factors.

Expenditure
The agreement IC must make clear who is responsible for expenses incurred during the independent contractor services offered. These expenses include travel, lodging, meals, equipment (including the costs associated with the acquisition, maintenance, replacement, leasing, transportation, insurance and removal of equipment), etc.

Personal Information Privacy
Many people may forget include provisions on this issue in their agreement independent contractor, but is essential: the IC should consent to the disclosure and use of your information and staff must also acknowledge that it may become, in the course of their commitment, both personal information about others. Therefore, the contractor agreement independent should stipulate that the independent contractor agrees to follow the company policy or rules of code / and applicable privacy legislation with respect the collection, use, disclosure, etc. of personal information. Finally, it should be a provision in the compensation provisions relating to violations – Whether real or perceived – of privacy legislation or this section of the agreement is personal information.

http://www.DynamicLawyers.com – Need an Ontario Lawyer? Make a Post (it’s free and anonymous!). Get FREE Quotes!

The Facts on Union-Only Project Labor Agreements (PLAs)

Tired of LOUSY service? Try Angie’s List.

Comments are closed