Last Updated March 27, 2024
Independent Contractor Agreement
What is an independent contractor?
Companies may hire an independent contractor to do a job. The contractor isn’t an employee of the company but works independently. The contractor provides services to the client under an Independent Contractor Agreement.
You can use an Independent Contractor Agreement to hire any kind of contractor, including:
- Electrical contractor
- Building contractor
- Painting contractor
- Home contractor
- Freelance creative
How does independent contracting work?
Independent contractors, also known as contractors or contract workers, are self-employed workers that a company or private individual hires. Usually, the client seeks out and contacts a contractor for a job. Some clients might go to an agency to find a suitable contractor. Others follow a similar hiring process as they would for an employee.
After the client chooses a contractor, they should discuss and agree upon the terms of the work, including:
- A description of the services provided
- Terms and length of the project or service
- Payment details (including deposits, retainers, and other billing details)
- Confidentiality, non-solicitation, and dispute resolution clauses
Then, both parties should sign a contract that outlines the details of the agreement. This way, both parties can avoid disputes later.
Can a contractor be an employee?
When someone works for a company, they can either be a contractor or an employee, but not both. Because a contractor and an employee are legally different, it’s important to understand them as two separate roles.
What are the types of employment in India?
In India, predominant types of employment are:
- Permanent employees: Workers hired for an indefinite period
- Independent contractors and subcontractors: Self-employed workers who work their own hours using their own equipment
- Apprentices and trainees: Usually unpaid workers who are there to gain experience or qualifications while assisting a company
- Casual and temporary employees: Workers usually hired for short periods, such as busy seasons
Who owns intellectual property created by independent contractors?
Depending on the kind of work, an independent contractor might create intellectual property while completing a job for a client. Intellectual property refers to the creations of the mind, such as innovations, artistic creations, designs, and more.
When an employee creates intellectual property for an employer, the property belongs to the employer. In contrast, when an independent contractor creates intellectual property, it depends on the terms of the contract.
However, there are ways to transfer ownership. You can choose to include a clause regarding intellectual property created by a contract worker while completing their work in your Independent Contractor Agreement.
What should I include in an independent contractor agreement?
Before creating an Independent Contractor Agreement, both the client and the contractor should discuss the following:
- The services that the contractor provides and the payment they require
- If the client or customer will cover expenses or provide resources
- The duration or term of the contract
- If one party can penalise the other for things such as late payments or unfinished work
- Who retains ownership rights over any intellectual property
You can create a contract for a single job, a fixed duration of time, or indefinitely if the job is ongoing.
Provide details regarding the independent contractor’s services. Be clear and specific when describing tasks, and indicate any important dates. Make sure to provide the contractor’s name and address, as well as information about the client.
The contractor also has the option of charging the client a retainer fee to secure services. The retainer amount depends on the trustworthiness and financial stability of the client, but a reasonable amount is usually 10-50% of the total contract.
Make sure to include the following, if applicable:
- If one party can end the contract early and, if so, how many days’ notice they must give
- A confidentiality clause, prohibiting the contractor from revealing the client’s sensitive information
- Any additional clauses necessary
LawDepot’s Independent Contractor Agreement template is customised for India. Use our questionnaire to personalise your document to suit your needs.
Can a client offer health insurance to an independent contractor?
Contractors are not entitled to any health benefits from their client. Otherwise, the relationship might be classed as employment with further tax and benefits consequences. For many companies, hiring contract workers is beneficial because they have fewer obligations towards those workers. However, even though a company isn’t obligated to provide health insurance for contractors, they can still provide some benefits if they choose, as long as, on balance, the terms of the contract do not amount to an employment relationship.