Employment Act (Cap. 91): Key legislation to reference for clear differentiation between employment and independent contractor status. While it doesn't directly govern independent contractors, it's crucial for establishing clear boundaries and distinctions from employment relationships.
Civil Law Act (Cap. 43): Primary legislation governing contract formation, validity, and enforcement in Singapore. Essential for ensuring the contract meets basic legal requirements and enforceability standards.
Personal Data Protection Act 2012 (PDPA): Regulates the collection, use, disclosure, and care of personal data. Must be considered when drafting provisions related to data handling and privacy.
Competition Act (Cap. 50B): Relevant for drafting exclusivity clauses to ensure they don't violate competition laws or create unreasonable restraints on trade.
Income Tax Act: Important for clarifying tax obligations and responsibilities of the independent contractor, including GST registration requirements if applicable.
Central Provident Fund Act: Referenced to explicitly state non-applicability to independent contractors and distinguish from employment relationships.
Contract Law Principles: Common law principles governing contract formation, including offer, acceptance, consideration, and intention to create legal relations.
Independent Contractor Tests: Legal tests and criteria established by Singapore courts to determine genuine independent contractor status versus employment relationships.
Intellectual Property Rights: Considerations for ownership and transfer of IP created during the contract period, including references to the Copyright Act and other relevant IP legislation.
Confidentiality Obligations: Legal framework for protecting confidential information and trade secrets, including post-contract obligations.
Non-Compete Provisions: Legal requirements for enforceable non-compete clauses in Singapore, including reasonable scope, duration, and geographical limitations.
Dispute Resolution: Singapore's legal framework for dispute resolution, including options for litigation, arbitration, and mediation under local laws.
Insurance and Liability: Legal requirements regarding insurance coverage and liability allocation between parties in independent contractor relationships.
Payment Terms: Legal considerations for payment structures, including GST implications and invoicing requirements under Singapore law.
