North Dakota hr independent contractor agreement template

North Dakota HR Independent Contractor Agreement

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

• [Client Legal Name], located at [Client Address], hereinafter referred to as “Client,”
• and
• [Contractor Legal Name], located at [Contractor Address], hereinafter referred to as “Contractor.”

WHEREAS, Client desires to engage Contractor to perform certain HR services; and

WHEREAS, Contractor desires to perform such services as an independent contractor.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Services to be Performed

• Contractor shall perform the following HR services (the "Services"):
  • Option A: Talent Acquisition: [Detailed Description of Talent Acquisition Services, including specific roles, responsibilities, deliverable standards and key performance indicators]
  • Option B: Employee Relations Consulting: [Detailed Description of Employee Relations Consulting Services, including scope of services, reporting procedures, and resolution strategies]
  • Option C: HR Compliance Audits: [Detailed Description of HR Compliance Audit Services, including scope of audit, applicable regulations, and reporting requirements]
  • Option D: Regulatory Reporting: [Detailed Description of Regulatory Reporting Services, specifying reports, timelines, and compliance obligations]
  • Option E: Compensation and Benefits Advising: [Detailed Description of Compensation and Benefits Advising Services, including analysis, recommendations, and implementation support]
  • Option F: Employee Handbook Creation or Review: [Detailed Description of Employee Handbook Services, including drafting, review, and legal compliance check]
  • Option G: Workplace Investigations: [Detailed Description of Workplace Investigation Services, including protocols, reporting, and legal compliance requirements]
  • Option H: Training: [Detailed Description of Training Services, specifying topics, audience, and delivery methods]
  • Option I: Policy Development: [Detailed Description of Policy Development Services, including research, drafting, and implementation]
• Contractor shall perform the Services in a professional and workmanlike manner.

2. Work Location and Data Security

• Option A: Services will be performed remotely from [Contractor's Location], governed by North Dakota law.
• Option B: Services will be performed on-site at Client's facilities located at [Client's Location], with on-site presence required on [Days of the Week], during [Specific Time].
• Contractor shall comply with Client’s remote access procedures as follows: [Detailed procedures for remote access to client systems].
• Contractor shall implement and maintain reasonable data privacy measures to protect confidential HR information, including: [List of specific data privacy measures and security protocols aligned with North Dakota privacy statutes].

3. Compensation and Payment

• Option A: Hourly Rate: Client shall pay Contractor at an hourly rate of [Dollar Amount] per hour.
• Option B: Project-Based: Client shall pay Contractor a fixed fee of [Dollar Amount] for the completion of [Specific Project].
• Option C: Retainer: Client shall pay Contractor a monthly retainer fee of [Dollar Amount].
• Payment Schedule: Contractor shall invoice Client [Frequency of Invoicing, e.g., monthly, upon completion of project]. Client shall pay Contractor within [Number] days of receipt of invoice.
• Payment Method: Payments shall be made via [Payment Method, e.g., check, electronic transfer].
• Contractor is responsible for all self-employment taxes and other applicable taxes under North Dakota law.
• Late Payment Policy: Late payments shall accrue interest at a rate of [Percentage] per month, as allowed under North Dakota usury laws.

4. Ownership and Rights to Work Product

• All work product, intellectual property, and HR-sensitive data created by Contractor in connection with the Services shall be the exclusive property of Client.
• Contractor shall maintain strict confidentiality of all Client information and adhere to North Dakota and federal data protection regulations, including HIPAA if applicable.

5. Independent Contractor Status

• Contractor is an independent contractor and not an employee of Client.
• This Agreement does not create an employer-employee relationship, and Contractor is not entitled to unemployment insurance, workers’ compensation, or benefits from Client.
• Contractor is responsible for all self-employment taxes, tax filings, and other legal compliance as required by North Dakota Workforce Safety & Insurance (WSI) and the North Dakota Office of State Tax Commissioner.

6. Delegation and Subcontracting

• Option A: Contractor may not delegate or subcontract any of the Services without the prior written consent of Client.
• Option B: Contractor may delegate or subcontract the following Services: [List of Services that can be delegated/subcontracted], subject to Client's approval of any third-party consultants.

7. Insurance

• Contractor shall maintain professional liability (E&O) insurance with coverage of at least [Dollar Amount] per occurrence.
• Contractor shall maintain general liability insurance with coverage of at least [Dollar Amount] per occurrence.
• If Contractor supplies workers, Contractor shall maintain workers' compensation insurance as required by North Dakota labor regulations.

8. Liability and Indemnification

• Contractor shall be liable for breaches of this Agreement, including non-delivery, failure to comply with HR regulations, and breaches of confidentiality.
• Contractor shall indemnify and hold Client harmless from any claims, losses, or damages arising out of Contractor’s performance of the Services.
• Option A: The total liability of Contractor shall be capped at [Dollar Amount].
• Option B: There shall be no limit to Contractor’s liability for breaches of confidentiality or violations of HR regulations.

9. Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiation.
• If negotiation fails, the parties shall attempt to resolve the dispute through mediation.
• If mediation fails, the dispute shall be submitted to binding arbitration in accordance with the laws of North Dakota.
• This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota, and venue for any legal action shall be [Name of County], North Dakota.

10. Term and Termination

• This Agreement shall commence on [Start Date] and shall continue until [End Date].
• Option A: Either party may terminate this Agreement upon [Number] days written notice to the other party.
• Option B: Client may terminate this Agreement immediately for cause, including breach of confidentiality, HR law violations, or nonpayment.
• Upon termination, Contractor shall promptly return or destroy all HR files, sensitive records, and Client materials in accordance with Client policy and North Dakota records retention laws.

11. Representations and Warranties

• Contractor represents and warrants that all Services will comply with Federal and North Dakota labor laws, anti-discrimination statutes, and any required licensing or certification.
• Contractor represents and warrants that Contractor will protect Client’s trade secrets and confidential information.

12. Compliance with Laws

Contractor shall adhere to all federal, state, and local employment-related regulations applicable in North Dakota, including mandatory reporting requirements, equal opportunity employment, non-retaliation, and compliance with NDCC Chapter 34 (Labor Service Contracts).

13. Notices

All notices under this Agreement shall be in writing and sent to the following addresses:

• Client: [Client Address]
• Contractor: [Contractor Address]

14. Conflict of Interest and Non-Solicitation

• Contractor shall not engage in any activities that create a conflict of interest with Client.
• During the term of this Agreement and for a period of [Number] months thereafter, Contractor shall not solicit Client’s employees or service Client’s direct competitors within [Geographic Area], as permissible under North Dakota law.

15. Modification and Amendment

This Agreement may be modified or amended only in writing and signed by both parties.

16. Disclosures and Acknowledgements

• Contractor acknowledges compliance with North Dakota’s independent contractor verification process, referencing relevant North Dakota Workforce Safety & Insurance checks.
• [Any other required disclosures or acknowledgements specific to North Dakota].

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

[Client Legal Name]

By: [Client Name]

Title: [Client Title]

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title]