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Independent Contractor Contract

Independent Contractor Contract Template for Malaysia

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Key Requirements PROMPT example:

Independent Contractor Contract

"I need an Independent Contractor Contract for hiring a software developer in Kuala Lumpur who will work remotely on our mobile app project starting March 2025, with specific provisions for source code ownership and data protection compliance."

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Document background
The Independent Contractor Contract is essential for businesses operating in Malaysia that engage external professionals or service providers on a non-employment basis. This document is crucial for clearly establishing the contractor relationship while ensuring compliance with Malaysian legislation, including the Contracts Act 1950 and Employment Act 1955. It's particularly important as it helps avoid misclassification issues between employees and independent contractors, addresses tax implications, and protects intellectual property rights. The contract typically includes detailed service specifications, payment terms, confidentiality provisions, and clearly defined deliverables, making it suitable for various professional engagements from short-term projects to ongoing service arrangements.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the independent contractor

2. Background: Context of the agreement and confirmation of independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the contractor

5. Term and Timing: Duration of the agreement and any specific timelines for deliverables

6. Payment Terms: Compensation, payment schedule, expenses, and tax responsibilities

7. Independent Contractor Status: Clear statements establishing independence and distinguishing from employment

8. Intellectual Property Rights: Ownership and transfer of IP created during the engagement

9. Confidentiality: Protection of confidential information and trade secrets

10. Contractor's Obligations: Key responsibilities, quality standards, and compliance requirements

11. Company's Obligations: Support, access, and resources to be provided by the company

12. Termination: Grounds and process for ending the agreement

13. Governing Law: Confirmation of Malaysian law governance and jurisdiction

14. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Non-Compete: Restrictions on working with competitors - use when protecting market position is crucial

2. Non-Solicitation: Restrictions on soliciting clients/employees - use when protecting business relationships is important

3. Insurance: Insurance requirements - use when services involve risks requiring specific coverage

4. Data Protection: PDPA compliance obligations - use when personal data processing is involved

5. Equipment and Resources: Provisions regarding tools and resources - use when specific equipment is required

6. Subcontracting: Rights and restrictions on subcontracting - use when delegation might be needed

7. Performance Metrics: Specific KPIs and performance standards - use for complex or long-term projects

8. Dispute Resolution: Alternative dispute resolution procedures - use for high-value or complex arrangements

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of services, deliverables, and specifications

2. Schedule 2 - Fee Schedule: Detailed payment terms, rates, and billing procedures

3. Schedule 3 - Timeline: Project milestones and delivery dates

4. Schedule 4 - Key Personnel: Details of main contractor personnel assigned to the project

5. Schedule 5 - Company Policies: Relevant company policies contractor must comply with

6. Appendix A - Required Reports: Templates and requirements for progress reporting

7. Appendix B - Confidential Information: Specific identification of confidential materials

8. Appendix C - Equipment List: List of any company equipment provided to contractor

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

























Clauses





























Relevant Industries

Technology

Professional Services

Construction

Engineering

Creative Industries

Digital Marketing

Education

Healthcare

Financial Services

Manufacturing

Media & Entertainment

Real Estate

Telecommunications

Environmental Services

Management Consulting

Research & Development

Software Development

Content Creation

Business Process Outsourcing

Information Technology

Relevant Teams

Human Resources

Legal

Procurement

Finance

Operations

Compliance

Project Management Office

Information Technology

Facilities Management

Administration

Risk Management

Contract Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Procurement Manager

Project Manager

Operations Director

Finance Manager

Department Head

Business Unit Manager

Compliance Officer

Contract Administrator

Resource Manager

Technical Director

Creative Director

IT Manager

Facilities Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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