Indiana hr independent contractor agreement template

Indiana HR Independent Contractor Agreement

This Indiana HR Independent Contractor Agreement (the “Agreement”) is made and entered into as of this [Date], by and between:

• [Client Legal Name], a [Client Business Type] with its principal place of business at [Client Address] (“Client”), and
• [Contractor Legal Name], a [Contractor Business Type] with its principal place of business at [Contractor Address] (“Contractor”).

1. Scope of Services

The Contractor agrees to provide the following human resources services to the Client (the “Services”):

• Option A: Recruitment Services, including sourcing, screening, interviewing, and onboarding candidates for [Job Title]. Deliverable: [Number] qualified candidates presented to the Client by [Date]. Benchmark: 90% of candidates meeting minimum qualifications. Reporting: Weekly status reports. Documentation: Complete candidate profiles and interview notes.
• Option B: Employee Relations Consulting, including advising on employee performance management, conflict resolution, and disciplinary actions. Deliverable: Written recommendations for each consulted employee relations matter. Benchmark: Resolution of employee relations issues within [Number] days. Reporting: As-needed reports. Documentation: Case summaries and action plans.
• Option C: Compliance Audits, including reviewing HR policies and practices for compliance with federal and Indiana state laws. Deliverable: Written audit report outlining findings and recommendations. Benchmark: Completion of audit within [Number] weeks. Reporting: Bi-weekly updates. Documentation: Audit work papers and supporting documents.
• Option D: [Specific HR Project Work Description]. Deliverable: [Project deliverable description]. Benchmark: [Project performance benchmark]. Reporting: [Project reporting cadence]. Documentation: [Project documentation requirements].

2. Worksite

The Services will be performed at:

• Option A: Remotely. Access to confidential personnel records will be governed by the Client’s data security policy, provided separately.
• Option B: On-premises at [Client Address]. Contractor will adhere to Client’s security protocols, including [Specific Protocols].
• Option C: Hybrid, with [Number] days per week on-site at [Client Address] and the remainder remote. Access to confidential personnel records will be governed by the Client’s data security policy, provided separately.

3. Fees and Payment

The Client will compensate the Contractor as follows:

• Option A: Hourly rate of [Dollar Amount] per hour for all Services performed. Invoices will be submitted [Frequency] and are due within [Number] days of receipt.
• Option B: Per-project fee of [Dollar Amount] for the completion of [Project Description]. Payment will be made according to the following schedule: [Payment Schedule].
• Option C: Retainer of [Dollar Amount] per month for [Number] hours of Services per month. Additional hours will be billed at [Dollar Amount] per hour.
• Option D: Hybrid: Retainer fee of [Dollar Amount] per month, plus an hourly rate of [Dollar Amount] per hour for hours exceeding [Number] per month.
• Reimbursement: Client will reimburse pre-approved expenses, supported by receipts, within [Number] days of submission.
• Indiana Sales/Use Tax: Contractor is responsible for all applicable Indiana sales/use taxes.

4. Ownership of Work Product

All work product, consulting reports, policies, procedures, and data generated by the Contractor in connection with the Services shall be owned exclusively by the Client. The Client also retains all rights to its underlying HR data accessed or gathered during the performance of this contract.

5. Confidentiality

The Contractor agrees to hold all employee and company information in strict confidence, in accordance with the Indiana Uniform Trade Secrets Act (IC 24-2-3). The Contractor shall comply with all applicable privacy laws, including HIPAA (if handling employee health data) and FCRA (if handling background checks).

6. Non-Solicitation and Non-Disparagement

• Option A: Non-Solicitation: During the term of this Agreement and for a period of [Number] months following its termination, the Contractor shall not solicit, recruit, or hire any employee of the Client.
• Option B: Non-Disparagement: The Contractor agrees not to make any disparaging or defamatory statements about the Client, its employees, or its products or services.

7. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Contractor is responsible for all self-employment taxes, business insurance, and any required registration, licensing, or bonding under Indiana law. The Contractor controls the means and methods of performing services.

8. Document Retention and Destruction

The Contractor shall retain and destroy personnel files, applicant records, and other sensitive information in accordance with all applicable Indiana and federal recordkeeping requirements.

9. Liability and Indemnification

The Contractor agrees to indemnify the Client against any losses, damages, or expenses arising from the Contractor's breach of confidentiality, negligent advice, noncompliance with employment law, or mismanagement of HR processes. The Contractor's liability shall be limited to [Dollar Amount].

10. Insurance

• Option A: The Contractor shall maintain professional liability (errors and omissions) insurance with minimum coverage of [Dollar Amount] per claim.
• Option B: Insurance Not Required. The parties agree that the Contractor is not required to carry any professional liability insurance for the services provided under this agreement.

11. Termination

• Option A: This Agreement shall terminate upon completion of the Services as defined in Section 1.
• Option B: The Client may terminate this Agreement for convenience upon [Number] days written notice to the Contractor.
• Option C: The Contractor may terminate this Agreement for cause if the Client breaches a material term of this Agreement.
• Option D: The Contractor may terminate this agreement for convenience upon [Number] days written notice to the Client.
• Upon termination, the Contractor shall return or securely destroy all proprietary or sensitive information, data, and physical materials.

12. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through amicable negotiation. If negotiation fails, the parties agree to attempt mediation or arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, and venue shall be in [County Name] County, Indiana.

13. Compliance with Laws

The Contractor shall comply with all applicable Indiana employment statutes, federal employment laws (FLSA, ADA, Title VII, FMLA, etc.), and any best practices or standards set by Indiana HR regulatory authorities or professional associations.

14. Background Checks and Certifications

• Option A: The Contractor shall undergo a background check prior to commencing work under this Agreement.
• Option B: The Contractor must maintain current [Certification Type] certification.
• Option C: No background check or certification required.

15. Business Entity Information

The Contractor represents that it is a [Business Entity Type] in good standing in Indiana. Contractor will provide a current W-9 form to Client.

16. Subcontracting

The Contractor shall not subcontract any of the Services without the prior written consent of the Client. Any approved subcontractors must meet Indiana's HR, privacy, and legal standards.

17. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, or governmental regulation, or other events defined under Indiana law.

18. Review and Update

This Agreement shall be reviewed and updated periodically, as necessary. Any amendment to this Agreement must be in writing and signed by both parties.

19. Severability, Entire Agreement, and Waiver

If any provision of this Agreement is held to be invalid or unenforceable under Indiana law, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

20. Sector-Specific Compliance

• Option A: This section is applicable to clients operating in a health care context.
• Option B: This section is applicable to clients operating in an education context.
• Option C: This section is applicable to clients operating in a unionized environment.
• Option D: This section is not applicable.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Client Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Contractor Legal Name]

By: [Contractor Representative Name]

Title: [Contractor Representative Title]