The Freelance Employment Contract is essential for businesses operating in Malaysia that engage independent contractors or freelancers for specific projects or ongoing services. This document is designed to comply with Malaysian legislation while protecting both parties' interests in the engagement. It clearly establishes the independent contractor relationship, distinguishing it from regular employment under the Employment Act 1955, and includes provisions for intellectual property rights, confidentiality, and data protection. The contract is particularly relevant in today's growing gig economy and remote work environment, providing a legal framework for flexible working arrangements while ensuring compliance with Malaysian tax regulations and business laws. It should be used whenever engaging freelancers for any significant project or long-term collaboration, especially when dealing with valuable intellectual property or confidential information.
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1. Parties: Identification of the company/client and the freelancer with full legal names and addresses
2. Background: Context of the agreement and confirmation of freelancer's independent contractor status
3. Definitions: Key terms used throughout the agreement including 'Services', 'Deliverables', 'Intellectual Property Rights'
4. Scope of Services: Detailed description of the services to be provided by the freelancer
5. Term and Termination: Duration of the agreement and conditions for termination by either party
6. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and invoicing requirements
7. Independent Contractor Relationship: Clear statement of freelancer's status as independent contractor, not an employee
8. Intellectual Property Rights: Ownership and transfer of rights in work products created during the engagement
9. Confidentiality: Protection of confidential information and trade secrets
10. Warranties and Representations: Freelancer's guarantees regarding capacity, quality of work, and compliance with laws
11. Indemnification: Mutual or one-way indemnification obligations
12. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on working with competitors (use only if necessary and ensure compliance with Competition Act 2010)
2. Equipment and Resources: Provisions regarding tools and resources provided by either party
3. Remote Work Provisions: Specific terms for remote work arrangements including communication protocols
4. Insurance Requirements: Professional liability or other insurance requirements for the freelancer
5. Data Protection: Additional provisions for handling personal or sensitive data under PDPA
6. Performance Metrics: Specific KPIs or quality standards for the services
7. Dispute Resolution: Alternative dispute resolution procedures like mediation before litigation
1. Schedule A - Scope of Work: Detailed breakdown of services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed rate card, payment milestones, and any variable compensation elements
3. Schedule C - Service Levels: Specific performance standards, response times, and quality metrics
4. Appendix 1 - Confidential Information: List of specific confidential information and trade secrets to be protected
5. Appendix 2 - Approved Subcontractors: If applicable, list of pre-approved subcontractors or agents
6. Appendix 3 - Company Policies: Relevant company policies that apply to freelancers
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Graphic Designer
Content Writer
Software Developer
Digital Marketing Specialist
Business Consultant
Project Manager
UX/UI Designer
Financial Analyst
Research Consultant
Social Media Manager
Video Editor
Technical Writer
Data Analyst
SEO Specialist
Training Consultant
Mobile App Developer
Business Development Consultant
Virtual Assistant
Legal Consultant
IT Security Specialist
Content Writer
Software Developer
Digital Marketing Specialist
Business Consultant
Project Manager
UX/UI Designer
Financial Analyst
Research Consultant
Social Media Manager
Video Editor
Technical Writer
Data Analyst
SEO Specialist
Training Consultant
Mobile App Developer
Business Development Consultant
Virtual Assistant
Legal Consultant
IT Security Specialist
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