Self-employed - Service contract

Description

The contract for services for a self-employed worker is an agreement between a client, the one who requires the services, and the worker, the one who undertakes to render the services requested by the client. It can be used by any individual or for-profit corporation.

The client-company that retains the services of a self-employed worker to manage some of its human resources generally does so for a specific job and for a predetermined period of time, which is very often quite short. In the context of an employment contract, the client-company does not assume the legal obligations associated with the status of an employer with regard to the services provided by a self-employed worker. For their part, by providing services under this employment contract, self-employed workers in no way acquire the legal status of an employee. Often, the self-employed worker is perceived in common parlance as a freelancer or a person working on a freelance basis by human resources, i.e. without the status of a regular employee who is protected by various laws, and without enjoying any social benefits in connection with the work performed.

The document proposed here concerns the retention by a company of the services of a self-employed worker, but it is in no way the equivalent of an employment contract in the sense that such a contract aims to employ a person for the purpose of making him or her benefit from the legal status provided for an employee; indeed, these two types of contract show differences in the relationships between the parties concerned. Although our model contract is intended for the retention of the services of a self-employed person for work or tasks carried out on behalf of the customer, we would point out that this model can also be used if the self-employed person is paid exclusively on commission from sales.

For tax reasons, the self-employed worker may have chosen to incorporate. In such a case, if the worker acts through his personal management company, he will also have to personally intervene in the contract to assure the client-company that it will indeed be he who carries out the work requested.

Your service contract for a self-employed worker governs in particular:

• The work to be performed or the specific services to be rendered to the customer;
• The type of remuneration to be paid for your services, and the terms of payment;
• The duration of the work; when the work is completed, the service contract ends;

Your service contract for a self-employed worker is designed to prevent potential conflicts between the parties, since it establishes in advance the main rules that will govern the economic relations and relationships between the parties concerning the services retained.

Our Contract for Self-Employed Services is a document providing the main clauses applicable to such a contract, an overview of which is given in the " Summary " tab.

• Our contract for services for independent/self-employed worker is designed to meet relatively simple needs. For a contract for services of which conditions are more complex, please contact  .

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Summary

Summary of terms available for the preparation of your contract for services for independent/self-employed worker.

• Identification of the parties
• Preliminary provisions
• Services
• Term of contract, including, where applicable, automatic renewal option
• Effective date
• Terms and conditions applicable to select services
• Work schedule
• Provision of tools
• Consideration for services rendered by the worker
• Remuneration or Commission paid to the worker
• Reimbursement of expenses incurred by the worker
• Terms of payment to the worker
• Interest payable on any amount owed to the worker
• Representations of the client-company
• Representations of the worker
• Obligations of the worker, including the choice available if insurance is necessary for the worker
• Copyrights and other intellectual property rights associated with products and services created, designed and developed by the worker for the client company while rendering services under the contract (optional)
• Commitment to confidentiality by the worker and penalties in case of breach (optional)
• Termination of contract
• Termination of contract in case of default and return of equipment supplied to the worker
• Special provisions
• Restriction on the transfer of the contract by the worker to a third party
• Relationship between the parties
• Miscellaneous
• Entire agreement
• Signing of other documents
• Severability
• Cumulative rights
• No waiver of rights
• Interpretation clause
• Notice
• Counterparts
• Governing law
• Election of domicile
• Enforcement
• Declaration of the parties
• No partnership or joint venture through the contract
• Intervention (as needed)
• Signatures

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