Mississippi hr independent contractor agreement template

Mississippi HR Independent Contractor Agreement

This Mississippi HR Independent Contractor Agreement (the “Agreement”) is made and effective as of [Effective Date], by and between:

• [Client Company Legal Name], a company organized and existing under the laws of Mississippi, with its principal place of business at [Client Company Address] (“Client”), and
• [Independent Contractor Legal Name], residing at [Independent Contractor Address] (“Contractor”).

Scope of HR Services

• Option A: The Contractor shall provide the following HR services to the Client: [Detailed description of HR services, e.g., Talent Acquisition, Onboarding, Payroll Administration, Employee Relations, Compliance Audits, Policy Drafting, Training and Development, Performance Management].
• Option B: The Contractor shall provide HR services as outlined in Exhibit A, attached hereto and incorporated herein.
• Option C: The Contractor will provide HR advisory and support services as requested by the Client on an ad-hoc basis. All projects will be detailed in a Statement of Work (SOW) prior to commencement.

Deliverables, Standards, and Reporting

• Option A: The Contractor shall deliver the following: [Specific deliverables, e.g., Monthly recruitment reports, Updated employee handbook by [Date], Completed compliance audit report]. Deliverables must meet the quality standards as defined in Exhibit B.
• Option B: Performance will be measured against the following metrics: [Specific metrics, e.g., Time-to-fill for open positions, Employee satisfaction scores, Reduction in compliance violations].
• The Contractor shall provide status updates to [Client Contact Person] on a [Frequency, e.g., Weekly, Bi-weekly] basis via [Method, e.g., Email, Phone Call]. All HR-related issues will be escalated to [Escalation Contact Person] following the escalation procedures outlined in Exhibit C.

Work Location and Schedule

• Option A: The Contractor will perform services remotely.
• Option B: The Contractor will perform services on-site at the Client’s Mississippi location at [Client Company Address] during the hours of [Start Time] to [End Time], [Days of the Week].
• Option C: The Contractor will perform services both remotely and on-site as needed, with on-site presence required for [Specific activities, e.g., Employee training, Management Meetings].
• The Contractor will have access to [Client Systems, e.g., HRIS, Payroll System] and is responsible for maintaining the security of all accessed data. The Contractor must adhere to the Client’s security policies.

Confidentiality and Data Protection

• The Contractor acknowledges that they will have access to confidential employee and company data. The Contractor agrees to maintain the confidentiality of all such data and to comply with all applicable Mississippi and federal privacy laws, including but not limited to laws regarding personnel files.
• The Contractor shall comply with the Client’s data security policies.
• Option A: Upon termination of this Agreement, the Contractor shall return all confidential information to the Client.
• Option B: Upon termination of this Agreement, the Contractor shall destroy all confidential information in accordance with the Client’s instructions.

Compensation and Payment

• Option A: The Contractor shall be compensated at an hourly rate of [Dollar Amount] per hour.
• Option B: The Contractor shall be compensated on a project basis as outlined in Exhibit D.
• Option C: The Contractor shall be paid a retainer fee of [Dollar Amount] per [Frequency, e.g., Month, Quarter].
• The Contractor shall submit invoices to [Client Contact Person] on a [Frequency, e.g., Monthly, Bi-weekly] basis. Payment shall be made within [Number] days of receipt of invoice.
• Reimbursement for pre-approved expenses will be made according to the Client’s expense reimbursement policy outlined in Exhibit E.
• The Contractor is responsible for paying all applicable Mississippi state and local taxes, including self-employment tax. Client will issue an IRS Form 1099 to the Contractor at the end of the tax year.

Independent Contractor Status

• It is expressly understood and agreed that the Contractor is an independent contractor and not an employee of the Client. This Agreement shall not be construed to create any partnership, joint venture, agency, or employment relationship.
• The Contractor is responsible for their own income taxes, Social Security contributions, unemployment insurance, and health or workers’ compensation coverage.
• The Contractor is not entitled to any employee benefits offered by the Client.
• This agreement is constructed under the guidelines of the Mississippi Department of Employment Security and the IRS.

Ownership and Intellectual Property

• All work product, documentation, and intellectual property created by the Contractor in connection with this Agreement shall be the sole and exclusive property of the Client.
• Upon termination of this Agreement, the Contractor shall return all Client data and materials to the Client.
• The Contractor is responsible for complying with all federal and Mississippi electronic record-keeping and employee file requirements.

Indemnification and Liability

• The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to the Contractor’s performance of services under this Agreement, including but not limited to errors in compliance advice, unauthorized disclosure of employee information, or breach of confidentiality.
• The Client shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to this Agreement.

Dispute Resolution

• Any dispute arising out of or relating to this Agreement shall be resolved through good faith negotiation between the parties.
• If negotiation fails, the parties agree to attempt to resolve the dispute through mediation in [City, Mississippi].
• If mediation fails, the parties agree that any legal action shall be brought in the courts of [County], Mississippi, and shall be governed by the laws of the State of Mississippi.

Termination

• Option A: This Agreement shall be effective for a term of [Number] [Months/Years], commencing on the Effective Date.
• Option B: This Agreement may be terminated by either party upon [Number] days’ written notice.
• Either party may terminate this Agreement immediately for cause if the other party breaches any material provision of this Agreement.
• Upon termination, the Contractor shall return all Client data and materials and shall be entitled to payment for services rendered through the date of termination.

Licensing and Continuing Education

• The Contractor is responsible for maintaining all required licenses and certifications necessary to perform the HR services under this Agreement. The Contractor shall provide proof of current licensure upon request.
• Option A: The Contractor must maintain [Specific Licenses, e.g., SHRM-CP, SHRM-SCP] certification.
• Option B: The Contractor must complete [Number] hours of continuing education annually related to HR compliance and best practices.

Compliance with Laws

• The Contractor shall comply with all applicable Mississippi and federal EEO, anti-discrimination, and workplace safety laws.
• The Contractor is responsible for staying up-to-date on changes to Mississippi employment law.

Conflicts of Interest

The Contractor shall promptly notify the Client of any conflicts of interest or situations that could compromise objectivity in HR decision-making.

HR Investigations and Disciplinary Proceedings

If the Contractor conducts HR investigations or disciplinary proceedings, the Contractor shall maintain strict confidentiality and follow all applicable Mississippi rules on documentation and due process.

HIPAA Compliance

If the Contractor accesses protected health information (PHI), the Contractor shall comply with all applicable HIPAA requirements.

Non-Solicitation/Non-Compete

• Option A: During the term of this Agreement and for a period of [Number] [Months/Years] after termination, the Contractor shall not solicit any employees of the Client.
• Option B: The Contractor agrees not to work for any direct competitors within a [Number] mile radius of [City, Mississippi] for a period of [Number] months after the termination of this agreement.
• These non-solicitation/non-compete clauses are intended to be enforceable under Mississippi law.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, natural disasters (such as hurricanes common in Mississippi), or government regulation.

Insurance

The Contractor shall maintain professional liability insurance (E&O) with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate. The Contractor shall provide proof of insurance to the Client upon request.

Notices

All notices under this Agreement shall be in writing and shall be deemed to be duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.

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

[Client Company Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Independent Contractor Legal Name]

By: [Independent Contractor Legal Name]