How To Employ Independent Contractors |  |
Important Disclaimer! Take note.
The legal distinction of who is a contractor and who is an employee has major significant financial liabilities attached to it.
If you use this EAL template without our full, specific, opinion on the legal nature of your particular business relationships, then you do so at your own risk.
This is a complex decision; many judges have differing views on what is a contractor at law and what is not.
Crucial advice to EAL clients:
Simply filling in one of our templates is not enough.
You should not implement a contractor’s agreement without taking prior legal counsel.
Consider reading our excellent comprehensive guide on this topic or
use our prompt, efficient, expert legal services, take counsel early, and pay for a competitively priced solution.
The contents of the book How to Hire a Contractor follow;
Introduction
Three basic options
Tax Implications
Tests to establish whether a person is an employee or contractor
Control Test Checklist
Integration Test Checklist
Independent Test Checklist
Intention Test Checklist
Economic Test Checklist
Pre-Employment Checks
Criminal Record Check
Credit Check
Restraint of Trade Clauses
Explanation
Formidable Opposition
An alternative
Confidentiality Agreement
Breach of a Statutory Declaration
Perception is Reality
Model Statutory Declaration
Model Confidentiality Agreement
Model Independent Contractors Agreement
In conclusion
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