Ohio hr independent contractor agreement template
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How Ohio hr independent contractor agreement Differ from Other States
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Ohio applies the 'Right to Control' test more strictly than some other states when determining contractor status.
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Ohio law requires specific disclosures about tax and unemployment insurance responsibilities in contractor agreements.
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Unlike many states, Ohio has unique filing and recordkeeping requirements for independent contractor relationships in HR services.
Frequently Asked Questions (FAQ)
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Q: Is a written agreement legally required for independent contractors in Ohio?
A: A written agreement is not legally required, but it is strongly recommended for clarity and protection of both parties.
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Q: How does Ohio determine if a worker is an independent contractor or an employee?
A: Ohio uses the 'Right to Control' test, considering how much control the employer has over how and when work is done.
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Q: Are independent contractors in Ohio eligible for unemployment benefits?
A: No, independent contractors are generally not eligible for unemployment benefits under Ohio state law.
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Ohio HR Independent Contractor Agreement
This Ohio HR Independent Contractor Agreement (the "Agreement") is made and entered into as of this [Date] by and between:
[Client Company Full Legal Name], a [State of Incorporation] corporation, with its principal place of business at [Client Company Address] ("Client"),
and
[Contractor Full Legal Name], residing at [Contractor Address], or a [State of Incorporation, if applicable] [LLC, Corporation, etc. if applicable] with its principal place of business at [Contractor Business Address, if applicable] ("Contractor").
Description of Services
The Contractor agrees to provide the following HR services to the Client:
- Option A: Recruiting and Staffing Support, including sourcing, screening, interviewing, and onboarding.
- Option B: Employee Handbook Development and Policy Drafting, compliant with Ohio and federal law.
- Option C: Compliance Audits to ensure adherence to Ohio labor laws and regulations.
- Option D: Onboarding and Offboarding Assistance, ensuring legal compliance and smooth transitions.
- Option E: Benefits Administration Consulting, including plan design and vendor management.
- Option F: Workplace Investigations, including conducting impartial investigations and preparing reports.
- Option G: Employee Relations Guidance, providing advice on employee performance, discipline, and conflict resolution.
- Option H: Regulatory Compliance Support, including updates on Ohio and federal employment law changes.
- Option I: HR System Implementation, assisting with the selection and implementation of HR technology solutions.
- Option J: Training Delivery, developing and delivering HR-related training programs for employees and managers.
Scope of Work and Deliverables
The Contractor’s services are limited to providing guidance and support, and do not include direct management or supervisory responsibilities over Client employees.
Project Milestones: [List of Milestones]
Reporting Frequency: [Frequency, e.g., Weekly, Bi-Weekly]
Anticipated Deliverables: [List of Deliverables]
Key Performance Indicators: [List of KPIs]
Required Documentation/Access: [List of Required Documents and Access]
Location of Services
The services will be provided:
- Option A: On-site at the Client's Ohio facility located at [Client Facility Address].
- Option B: Remotely from the Contractor’s location.
- Option C: Hybrid approach, with a combination of on-site and remote work.
Use of Client Property:
The Contractor may use Client property, including computers, software, and office space, solely for the purpose of providing services under this Agreement.
Confidentiality:
The Contractor will have access to Client personnel files and confidential information and must maintain strict confidentiality.
System Access:
The Contractor will be granted access to Client HR systems as necessary, with appropriate security protocols.
Data Security:
The Contractor shall take all necessary actions to ensure the security of Client data, complying with Ohio privacy laws.
Compliance with Laws
The Contractor shall comply with all applicable Ohio labor and employment laws, the Ohio Administrative Code, and federal laws.
The Contractor is responsible for staying updated on changes to Ohio HR compliance requirements.
The Contractor shall handle sensitive personnel data in accordance with state and federal standards, including the Ohio Uniform Trade Secrets Act and relevant sections of the Ohio Revised Code.
Compensation
The Client shall compensate the Contractor as follows:
- Option A: Hourly rate of [Dollar Amount] per hour.
- Option B: Per project fee of [Dollar Amount] per project.
- Option C: Retainer fee of [Dollar Amount] per [Time Period, e.g., Month].
Payment Schedule: [Payment Schedule, e.g., Bi-weekly, Monthly]
Invoicing Procedures: [Invoicing Procedures]
Tax Responsibilities:
The Contractor is solely responsible for all Ohio and federal tax obligations arising from this Agreement, including self-employment taxes.
Business Registration:
The Contractor shall maintain a valid Ohio business registration, if required.
Misclassification:
The Client shall not be liable for employment misclassification, and the Contractor is responsible for understanding and complying with Ohio Department of Job and Family Services guidance on independent contractor status.
Expenses
The Client will reimburse the Contractor for reasonable business expenses incurred in connection with the services, including:
- Background check fees
- Travel expenses for interviews
- Legal research costs
Reimbursement requires prior written approval from the Client.
Acceptable Documentation: [List acceptable documentation, e.g., receipts, invoices].
Independent Contractor Status
The Contractor is an independent contractor and not an employee of the Client for any Ohio or federal purpose.
The Contractor is not eligible for Ohio unemployment, workers’ compensation, or Client benefits programs.
This Agreement is intended to satisfy the requirements of the Ohio Bureau of Workers’ Compensation and the Ohio Department of Taxation regarding independent contractor status.
Confidentiality
The Contractor shall maintain the confidentiality of all Client information, including Ohio employee records and trade secrets.
The Contractor shall comply with federal and Ohio anti-discrimination, anti-harassment, and equal opportunity employment statutes.
Ownership of Work Product
The Client owns all work product and data created by the Contractor during the term of this Agreement, including HR policies, templates, investigative reports, and training materials.
Upon termination, the Contractor shall return or destroy all Client materials.
Background Checks and Compliance
The Contractor shall comply with the Fair Credit Reporting Act and Ohio-specific background check or employment authorization statutes.
Liability and Indemnification
The Contractor shall indemnify and hold the Client harmless from any claims, damages, or liabilities arising from the Contractor’s breach of this Agreement, including damages due to errors in compliance advice, mishandling of confidential information, unlawful employment recommendations, or other professional HR negligence.
The Contractor shall maintain general liability and professional liability (E&O) insurance with minimum coverage limits of [Dollar Amount].
Non-Solicitation and Non-Circumvention
During the term of this Agreement and for [Number] months thereafter, the Contractor shall not solicit or attempt to solicit any Client employees.
The Contractor shall not circumvent this Agreement by directly engaging with the Client apart from this contract.
Subcontracting
The Contractor shall not subcontract any HR work without the Client's prior written consent.
Any subcontractors must be vetted to Ohio legal standards.
Termination
Either party may terminate this Agreement upon [Number] days written notice.
The Client may terminate this Agreement immediately for cause, including breach of confidentiality, illegal activity, or non-performance.
Upon termination, the Contractor shall provide transition assistance to the Client.
Final invoicing shall be completed according to Ohio fair payment practices.
Dispute Resolution
The parties shall attempt to resolve any disputes through negotiation and voluntary mediation in Ohio.
If mediation is unsuccessful, the parties agree to arbitration in Ohio.
Ohio law governs this Agreement, and any disputes shall be resolved in Ohio courts of [Specific County in Ohio] County.
Licenses and Permits
The Contractor shall maintain all licenses, permits, and professional qualifications required for providing third-party HR services in Ohio, including registration as a business entity with the Ohio Secretary of State.
Representations and Warranties
The Contractor represents and warrants that its HR practices conform to all applicable Ohio, federal, and local employment laws and the Client's industry-specific requirements.
Records Retention
The Contractor shall maintain and destroy records according to Ohio legal requirements for HR documentation.
Amendment
This Agreement may be amended in writing as necessitated by changes in Ohio employment law or HR best practices.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Client Company Full Legal Name]
By: [Client Representative Name]
Title: [Client Representative Title]
[Contractor Full Legal Name]
By: [Contractor Name]
Title: [Contractor Title, if applicable]