What terms should be included?
In many ways it is even more important to have an appropriate written contract in place for a contractor than it is for an employee, given that there are no minimum legislative terms and conditions or award coverage for contractors. A contractor agreement should at least address the following issues:
- Agreement to provide services rather than contract of service;
- Obligations of the parties;
- Services fees;
- Performance review;
- Ability of contractor to assign benefit of contract;
- Equipment and expenses;
- Legislative requirements and indemnities;
- Engagement of persons or entities by the contractor;
- Confidential information;
- Intellectual property;
- GST obligations;
- Dispute resolution mechanisms;
- Restrictive covenants after termination of contract;
- Statement of nature of relationship.