South Carolina hr independent contractor agreement template

South Carolina HR Independent Contractor Agreement

This South Carolina HR Independent Contractor Agreement ("Agreement") is made and entered into as of this [Date] by and between:

• [Client Name], a [State] [Business Type] with its principal place of business at [Client Address], Phone: [Client Phone], Email: [Client Email] ("Client"),
• and
• [Contractor Name], a [State] [Business Type] with its principal place of business at [Contractor Address], Phone: [Contractor Phone], Email: [Contractor Email] ("Contractor").

1. Scope of Services

The Contractor shall provide the following HR services to the Client (the "Services"):

• Option A: Talent Acquisition and Recruitment:
  • [Describe specific recruitment activities, e.g., job postings, screening, interviewing]
• Option B: Onboarding:
  • [Describe onboarding process, e.g., paperwork, training, introductions]
• Option C: Employee Handbook and Policy Drafting:
  • [Specify policies to be drafted or updated]
• Option D: Benefits Administration:
  • [Outline benefits administration tasks, e.g., enrollment, communication]
• Option E: Payroll Setup (Advisory Only):
  • [Describe advisory role related to payroll setup]
• Option F: HR Compliance Audits:
  • [Define audit scope, e.g., recordkeeping, policy compliance]
• Option G: Employee Relations Support:
  • [Specify employee relations services, e.g., conflict resolution, counseling]
• Option H: Performance Management System Setup:
  • [Describe performance management system to be implemented]
• Option I: Training and Development:
  • [Detail training programs to be delivered]
• Option J: Workplace Investigations:
  • [Outline investigation procedures and reporting]
• Option K: Equal Employment Opportunity (EEO) Compliance:
  • [Specify EEO compliance activities]
• Option L: Other HR-Related Consulting Services:
  • [Describe other consulting services]

The Contractor will deliver the Services using the following methods:

• Option A: Onsite at [Client Location, e.g., Charleston, SC]
• Option B: Remote
• Option C: Hybrid (specify details: [Details of hybrid arrangement])

The work schedule will be: [Specify work schedule]. Required meetings will be held: [Specify meeting schedule and method]. The Client will provide the following facilities and equipment: [List provided facilities and equipment].

2. Fees and Payment

The Client shall pay the Contractor for the Services as follows:

• Option A: Hourly Rate: [Dollar Amount] per hour.
• Option B: Per Project: [Dollar Amount] per project.
  • Project details: [Detailed Project Description]
• Option C: Retainer: [Dollar Amount] per [Time Period, e.g., month].

Payment will be made in [Number] days following receipt of an invoice. Invoices will be submitted [Invoicing Frequency, e.g., monthly] and include [Required Supporting Documentation, e.g., time sheets, project reports].

Expenses, pre-approved in writing, will be reimbursed within [Number] days. Late payments shall accrue interest at a rate of [Percentage]% per month or the maximum rate allowed under South Carolina law, whichever is lower, along with collection costs. The contractor is responsible for all applicable South Carolina and federal taxes.

3. Work Product and Ownership

All documents, policies, HR data, and intellectual property specifically generated for the Client as a result of the Services ("Work Product") shall be the Client's property. Templates and general HR know-how remain the Contractor's property. The Contractor shall securely handle, store, and transfer employee and company data in accordance with South Carolina privacy principles and federal regulations (including GDPR if applicable).

4. Confidentiality

The Contractor shall maintain the confidentiality of all sensitive company, employee, and applicant information, including trade secrets as defined by the South Carolina Uniform Trade Secrets Act. The Contractor will adhere to the Client's internal privacy and confidentiality standards.

5. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Contractor is responsible for all self-employment taxes, health insurance, licenses, and business registration. The Contractor shall indemnify the Client against any claims of employment or benefits eligibility. This relationship meets the tests of independent contractor status under South Carolina law and IRS guidelines.

6. Compliance with Laws

The Contractor shall comply with all applicable South Carolina and federal labor laws, including wage and hour laws, EEO, OSHA, FMLA, ADA, background check laws, and immigration compliance, where advice is provided as part of the Services. The Contractor shall adhere to all professional standards for HR consultants in South Carolina.

7. Liability and Indemnification

The Contractor shall be liable for damages resulting from data breach, mishandling of confidential information, service failures (such as inaccurate compliance advice or missed deadlines), and errors or omissions. The Contractor shall indemnify the Client against any third-party claims. The Contractor shall maintain [Type of Insurance, e.g., professional liability] insurance in the amount of [Dollar Amount]. The contractor will provide a workers' compensation waiver.

8. Authority

The Contractor has no authority to bind the Client, hire/fire employees, or make business decisions unless specifically authorized in writing by the Client.

9. Non-Solicitation

The Contractor shall not solicit the Client's employees or clients during and for a period of [Number] [Time Period, e.g., years] following the termination of this Agreement.

10. Non-Compete/Conflict of Interest

The Contractor shall disclose any potential conflicts of interest. [Specify if Non-Compete applies and details, or state "No non-compete restriction applies." ]

11. Background Checks/Licensing

[Specify background check or licensing requirements for the Contractor or their staff, if required by the Client, or state "No background check or licensing required."]

12. Modification/Waiver

This Agreement may be modified, waived, or amended only by a written agreement signed by both parties.

13. Term and Termination

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

• Option A: This Agreement may be terminated by either party for cause (breach, misconduct, confidentiality violation) upon [Number] days written notice.
• Option B: This Agreement may be terminated by either party for convenience upon [Number] days written notice.
• Option C: This Agreement may be terminated immediately upon a regulatory violation by the Contractor.

Upon termination, the Contractor shall provide a final invoice, return or destroy all Client data, and transition ongoing projects.

14. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through negotiation and mediation. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration or litigation in the state courts of South Carolina, subject exclusively to South Carolina law. The venue shall be [Specify Venue, e.g., Charleston County, SC]. The language of proceedings shall be English.

15. Entire Agreement

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

16. Severability

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

17. Acknowledgment

Each party acknowledges that they have had the opportunity to consult with legal counsel before signing this Agreement.

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

[Client Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Contractor Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]