Missouri hr independent contractor agreement template

Missouri HR Independent Contractor Agreement

This Missouri HR Independent Contractor Agreement (the "Agreement") is made and effective as of [Date], by and between:

[Client Company Full Legal Name], a [Client Company Entity Type, e.g., Missouri LLC], with its principal place of business at [Client Company Address] ("Client"), and Missouri Business License Number (if applicable): [Client Company Business License Number],

and

[Contractor Full Legal Name], residing at [Contractor Address] or doing business as [Contractor DBA Name] with its principal place of business at [Contractor Business Address], ("Contractor"). Missouri Business License Number (if applicable): [Contractor Company Business License Number].

1. Scope of Services

Contractor agrees to provide the following HR services to Client:

Option A: Comprehensive HR Services:

• Recruitment and onboarding.
• Drafting and reviewing Missouri-compliant employee handbooks and policies.
• Workplace investigations.
• Performance evaluations.
• Benefits administration.
• Compensation analysis.
• Training and development.
• Compliance audits.
• Employee relations consulting.
• Termination assistance.
• Missouri-specific regulatory guidance.

Option B: Specific Project-Based Services:

• [Description of Specific Project Services]

2. Standard of Service and Deliverables

Contractor will perform services with the degree of skill and care ordinarily exercised by experienced HR professionals in Missouri.

Option A: Deliverables and Reporting:

• Deliverables: [List Specific Deliverables, e.g., Revised Employee Handbook, Training Materials]
• Reporting Frequency: [Frequency of Progress Reports, e.g., Weekly, Bi-Weekly]
• Reporting Method: [Method of Reporting, e.g., Email, Meeting]

Option B: Performance Metrics:

• Key Milestones: [List Key Milestones with Dates]
• Measurable Outcomes: [List Measurable Outcomes, e.g., Reduction in Employee Turnover by X%, Successful Completion of Audit]

Services will be delivered:

• Option A: Remotely
• Option B: At Client's Premises
• Option C: Other: [Specify Location]

3. Timeline and Work Schedule

The services shall commence on [Start Date] and continue until [End Date] or completion of the services.

Option A: Fixed Schedule: Contractor will work [Number] hours per week on [Days of the Week] during the hours of [Start Time] to [End Time].

Option B: Flexible Schedule: Contractor will have a flexible schedule but must provide services during Client's regular business hours of [Start Time] to [End Time], Monday through Friday, excluding Missouri recognized holidays.

Emergency/After-Hours Support: [Describe Protocol for Emergency Support, e.g., Contact Information, Response Time]

4. Compensation and Payment

Client will compensate Contractor as follows:

• Option A: Hourly Rate: [Dollar Amount] per hour.
• Option B: Retainer: [Dollar Amount] per month.
• Option C: Flat Fee: [Dollar Amount] for the entire project.
• Option D: Per-Project: [Dollar Amount] for each project as defined in [Reference Section].

Payment Schedule: [Payment Frequency, e.g., Bi-Weekly, Monthly, Upon Completion of Milestone]

Acceptable Payment Methods: [List Acceptable Payment Methods, e.g., Check, ACH Transfer]

Reimbursable Expenses: [Specify Reimbursable Expenses and Process for Reimbursement]. Contractor is responsible for all applicable Missouri state and local taxes, including self-employment tax, and must report and remit these taxes as required by Missouri law.

5. Ownership and Confidentiality

All work product, client data, and employee information created by Contractor shall be the sole property of Client.

Option A: Confidentiality Agreement: Contractor agrees to abide by the terms of the separate Confidentiality Agreement attached hereto as Exhibit A.

Option B: Standard Confidentiality: Contractor shall maintain the confidentiality of all Client information and employee data and will not disclose it to any third party. Upon termination, Contractor will return or securely destroy all confidential information.

Data Protection: Contractor will comply with all applicable Missouri privacy statutes, including safeguarding personal employee data under FERPA, HIPAA, or other applicable laws.

6. Independent Contractor Status

Contractor is an independent contractor and not an employee of Client.

Contractor is solely responsible for all federal and Missouri state tax payments, workers' compensation, unemployment insurance, and any required business licenses or registrations in Missouri. Contractor will use their own tools and resources.

7. Non-Solicitation and Non-Competition

Option A: Non-Solicitation: During the term of this Agreement and for a period of [Number] years thereafter, Contractor shall not solicit, directly or indirectly, any employees or clients of Client within a [Number] mile radius of [City, Missouri].

Option B: Non-Competition: During the term of this Agreement and for a period of [Number] years thereafter, Contractor shall not engage in any business that competes with Client within the state of Missouri, in accordance with Missouri Revised Statutes Chapter 431.

8. Liability and Indemnification

Contractor shall be liable for damages caused by its negligence or willful misconduct.

Option A: Indemnification: Contractor agrees to indemnify and hold harmless Client from any and all claims, losses, damages, liabilities, and expenses arising out of or related to Contractor's performance of services under this Agreement, including, but not limited to, breach of confidentiality or non-compliance with federal and Missouri-specific employment regulations, but only to the extent caused by Contractor’s actions or omissions.

Option B: Limitation of Liability: Contractor's total liability to Client under this Agreement shall not exceed the total amount paid by Client to Contractor under this Agreement.

9. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

First, through good faith negotiation between the parties.

If negotiation fails, through mediation in [County Name] County, Missouri.

If mediation fails, through binding arbitration in [County Name] County, Missouri, in accordance with the rules of the American Arbitration Association, or litigation in the state or federal courts located in [County Name] County, Missouri. This agreement shall be governed by and construed in accordance with the laws of the State of Missouri.

10. Termination

Client may terminate this Agreement:

Option A: For Convenience: With [Number] days written notice.

Option B: For Cause: Immediately upon written notice for cause, including gross misconduct or breach of confidentiality.

Final Payment and Deliverables: Upon termination, Client will pay Contractor for all services performed up to the termination date. Contractor will provide all final deliverables and transition all HR records to Client.

11. Insurance

Contractor shall maintain the following insurance coverage:

• Professional Liability/Errors and Omissions Insurance: [Dollar Amount] per occurrence.
• Cyber Liability Insurance: [Dollar Amount] per occurrence (if handling employee data).

Contractor shall provide Client with a certificate of insurance upon request.

12. Compliance with Laws

Contractor shall comply with all applicable federal, Missouri, city, and local labor and employment laws.

This includes but is not limited to E-Verify requirements (if applicable), Missouri wage and hour laws, anti-discrimination laws (including the Missouri Human Rights Act), and recordkeeping requirements mandated by Missouri law.

13. Intellectual Property

All intellectual property created by Contractor for Client shall be owned by Client.

Contractor shall not use or re-use any materials developed for Client for any other purpose without Client's written consent.

14. Non-Assignment and Subcontracting

Contractor may not assign this Agreement or subcontract any services without Client's written consent.

Any subcontractor must meet all Missouri legal and professional requirements.

15. Amendments

Any amendments to this Agreement must be in writing and signed by both parties.

16. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including acts of God, war, terrorism, Missouri-specific events, public health emergencies, or government orders.

17. Acknowledgments

Contractor acknowledges receipt of [List Documents, e.g., Employee Handbook, Background Check Authorization Form].

18. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

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

Client:

____________________________

Signature

[Client Printed Name]

[Client Title, if applicable]

Date: ____________________________

Contractor:

____________________________

Signature

[Contractor Printed Name]

[Contractor Title, if applicable]

Date: ____________________________