Rhode Island hr independent contractor agreement template

Rhode Island HR Independent Contractor Agreement

This Rhode Island HR Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date] by and between:

[Client Full Legal Name], a [Client Business Entity Type, e.g., Rhode Island corporation], with a principal place of business at [Client Full Address] ("Client"), and

[Contractor Full Legal Name], a [Contractor Business Entity Type, e.g., Rhode Island limited liability company], with a principal place of business at [Contractor Full Address] ("Contractor").

Client and Contractor are sometimes referred to herein individually as a "Party" and collectively as the "Parties."

WHEREAS, Client desires to engage Contractor to provide certain human resources services; and

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

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

1. Scope of Services

Contractor shall provide the following HR services to Client:

Option A: Employee Recruitment: Sourcing, screening, and interviewing candidates for [Specific Job Title(s)], including preparing job descriptions, posting positions, and conducting initial phone screens. Deliverables include a short-list of qualified candidates according to Client-specified criteria, weekly progress reports, and documentation of screening processes. Quality standards include adherence to EEO guidelines and timely communication. Deadline: [Date]. Reporting format: Weekly email updates and a final candidate summary document. Communication protocol: Weekly meetings and email for urgent matters.

Option B: Employee Onboarding: Developing and implementing an onboarding program for new hires, including paperwork completion, benefits enrollment assistance, and introduction to company policies and procedures. Deliverables include a standardized onboarding checklist and all necessary onboarding materials, with revisions requested within one week if provided. Quality standards include error-free paperwork and a positive new-hire experience. Deadline: [Date]. Reporting format: Monthly summary of onboarding activities and feedback. Communication protocol: As-needed by email or phone.

Option C: Employee Handbook Preparation: Reviewing and updating the employee handbook to ensure compliance with current Rhode Island and federal laws and best practices. Deliverables include a revised handbook draft for Client review and approval, a final handbook document, and documentation of law changes. Quality standards include accuracy, completeness, and readability. Deadline: [Date]. Reporting format: Track changes provided on the handbook, and summary of changes made in a separate document. Communication protocol: Project Kick off meeting, and weekly updates.

Option D: HR Compliance Audits: Conducting internal audits of HR policies and practices to identify and address potential compliance issues related to Rhode Island and federal regulations. Deliverables include a written audit report with findings and recommendations, following Society of Human Resources Management guidelines. Quality standards include a comprehensive and accurate assessment of compliance. Deadline: [Date]. Reporting format: Detailed audit report. Communication protocol: Weekly updates during audit process.

Option E: HR Policy Development: Creating and updating HR policies and procedures to support a fair and consistent workplace. Deliverables include draft policies for Client review and final policy documents. Quality standards include compliance with applicable laws and alignment with Client’s values. Deadline: [Date]. Reporting format: Written policy documentation. Communication protocol: As-needed by email or phone.

Option F: Labor Law Guidance: Providing guidance on Rhode Island and federal labor laws.

Option G: Employee Relations Consulting: Addressing employee relations issues and providing guidance on performance management and disciplinary actions.

Option H: Benefits Administration Support: Assisting with the administration of employee benefits programs.

Option I: Performance Management: Developing and implementing performance management systems.

Option J: Workplace Investigations: Conducting workplace investigations into employee complaints.

Contractor agrees to perform the services in a professional and timely manner, adhering to generally accepted HR practices.

Contractor will provide services [Remotely, On-Site, or Hybrid (Specify Details)]. If on-site, Client will provide Contractor with access to [Office Access, Technology, Materials]. Contractor shall handle all sensitive employee and business data securely, complying with Rhode Island privacy and recordkeeping laws.

2. Term and Termination

This Agreement shall commence on [Start Date] and continue until [End Date].

Option A: Either party may terminate this Agreement with [Number] days' written notice.

Option B: Client may terminate this Agreement immediately for cause, including but not limited to Contractor's breach of this Agreement, negligence, or violation of applicable laws.

Option C: This agreement will automatically renew for successive [Length of Renewal Period] periods unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.

3. Compensation

Client shall compensate Contractor as follows:

Option A: Hourly Rate: [Dollar Amount] per hour.

Option B: Project-Based Fee: [Dollar Amount] per project, as defined in Schedule A.

Option C: Retainer Fee: [Dollar Amount] per month.

Payment Schedule: Contractor shall invoice Client [Frequency, e.g., monthly]. Client shall pay invoices within [Number] days of receipt. Accepted payment methods include [Payment Methods, e.g., check, ACH transfer].

Contractor is responsible for all federal and Rhode Island self-employment taxes, payroll taxes, local business registration, and all relevant withholdings.

Invoice disputes must be submitted in writing within [Number] days of invoice receipt.

4. Independent Contractor Relationship

Contractor is an independent contractor of Client. Nothing in this Agreement shall be construed as creating an employment, co-employment, joint employer, or agency relationship between the Parties.

Contractor is not eligible for any Client-provided employee benefits.

Contractor is responsible for obtaining and maintaining their own business insurance, including general liability, professional liability/E&O, and worker’s compensation (if applicable, per Title 28 of Rhode Island law).

Contractor waives any claim for Client-sponsored benefits under ERISA or Rhode Island law.

5. Confidentiality

Contractor shall maintain the confidentiality of all Client information, including employee data, trade secrets, and financial information.

Contractor shall comply with all applicable Rhode Island privacy laws and federal employment confidentiality standards.

If employee health data is involved, Contractor will comply with all HIPAA/PHI-use obligations.

Upon termination of this Agreement, Contractor shall promptly return or destroy all Client and employee data.

6. Ownership of Work Product

All work product, handbooks, confidential files, and documents developed by Contractor during the term of this Agreement shall be owned by [Client or Contractor (Specify)].

Upon termination of this Agreement, Contractor shall return all Client property.

7. Non-Solicitation/Non-Compete

Option A: During the term of this Agreement and for a period of [Number] months following termination, Contractor shall not solicit Client's employees or customers.

Option B: (Non-Compete - Note: Rhode Island law scrutinizes restrictive covenants carefully. RIGL §6-48-1 et seq.) During the term of this Agreement and for a period of [Number] months following termination, within a radius of [Number] miles of Client’s principal place of business, Contractor shall not provide HR services to any business that directly competes with Client.

Option C: No non-solicitation or non-compete terms.

8. Representations and Warranties

Contractor represents and warrants that they possess the necessary credentials and expertise to perform the services outlined in this Agreement.

Contractor represents and warrants that they will comply with all applicable Rhode Island and federal labor and employment regulations, including the Rhode Island Fair Employment Practices Act, hours and wage laws, and immigration/verifying authorization to work in the US.

Contractor represents and warrants that they will maintain ongoing continuing education or HR professional certifications as required for service delivery.

9. Liability and Indemnification

Contractor shall indemnify and hold Client harmless from any damages, penalties, or fines resulting from Contractor’s breach of state or federal labor, employment, or privacy laws, errors in HR compliance advice, or data mishandling.

Contractor shall maintain [Insurance Type and Minimum Coverage Amount] to support such risks.

10. Dispute Resolution

The Parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

If negotiation fails, the Parties agree to submit the dispute to [Mediation or Arbitration (Specify)].

The venue for any legal action arising out of this Agreement shall be Providence County, Rhode Island.

11. Compliance with Laws

Contractor shall comply with all applicable industry-specific HR regulations and Rhode Island statutes, including labor posting obligations, OSHA/local safety regulations, data breach notification under the Rhode Island Identity Theft Protection Act (RIGL §11-49.3), and anti-discrimination/human rights law.

12. Assignment and Subcontracting

Contractor may not delegate tasks or assign this Agreement without prior written Client approval.

Client shall disclose changes in business structure or ownership that would affect HR service delivery.

13. Amendment

This Agreement may be amended only by a written instrument signed by both Parties.

14. Insurance

Contractor shall maintain the following insurance coverage: [List Required Insurance Coverages and Minimums].

15. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

17. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

18. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of laws principles.

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

[Client Full Legal Name]

By: [Client Authorized Representative Name]

Title: [Client Authorized Representative Title]

[Contractor Full Legal Name]

By: [Contractor Name]

Title: [Contractor Title]