The Independent Contractor Retainer Agreement is essential for businesses operating in Indonesia that require ongoing professional services from independent contractors while maintaining compliance with local laws. This document is particularly relevant in the context of Indonesia's growing gig economy and professional services sector, where companies need to establish clear, legally compliant relationships with external service providers. The agreement carefully navigates Indonesian labor laws to ensure proper classification of independent contractors, incorporating necessary provisions under the Indonesian Civil Code and Law No. 13 of 2003 on Manpower. It's designed for situations requiring regular, recurring services rather than one-off projects, making it ideal for long-term professional engagements while maintaining the contractor's independent status.
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1. Parties: Identification of the company and the independent contractor, including registration details and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope of Services: Formal appointment clause and detailed description of services to be provided
5. Independent Contractor Status: Clear statement of independent contractor relationship and non-employment status
6. Term and Renewal: Duration of the agreement and any renewal provisions
7. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures
8. Contractor's Obligations: Key responsibilities, quality standards, and performance requirements
9. Company's Obligations: Support, information, and resources to be provided by the company
10. Intellectual Property Rights: Ownership and rights to work product created during the engagement
11. Confidentiality: Protection of confidential information and trade secrets
12. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of clients/employees
13. Termination: Grounds for termination, notice requirements, and consequences
14. Indemnification: Mutual indemnification obligations and liability allocation
15. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments
1. Insurance Requirements: Required when contractor needs to maintain specific insurance coverage
2. Data Protection: Required when contractor will handle personal or sensitive data
3. Foreign Worker Provisions: Required when contractor is a foreign national or services are provided cross-border
4. Equipment and Resources: Required when specific provisions about tools and resources need to be detailed
5. Compliance with Specific Regulations: Required when services are in regulated industries (e.g., financial services, healthcare)
6. Force Majeure: Optional but recommended given potential business disruptions
7. Assignment and Subcontracting: Required when need to specifically address or prohibit transfer of rights or subcontracting
8. Dispute Resolution: Optional section detailing specific dispute resolution procedures beyond standard court jurisdiction
1. Schedule A - Scope of Services: Detailed description of services, deliverables, and performance metrics
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Service Levels: Specific performance standards and quality metrics
4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors if applicable
5. Appendix 1 - Required Insurance Coverage: Specific insurance types and coverage amounts required
6. Appendix 2 - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services
7. Appendix 3 - Confidentiality Agreement: Detailed confidentiality terms and requirements
8. Appendix 4 - Data Processing Agreement: Specific terms for handling personal or sensitive data if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Creative Industries
Construction
Education
Healthcare
Financial Services
Manufacturing
Consulting
Digital Media
Marketing and Advertising
Engineering
Research and Development
Information Technology
Telecommunications
Relevant Teams
Legal
Human Resources
Procurement
Operations
Finance
Administration
Compliance
Risk Management
Project Management
Business Development
Relevant Roles
Legal Counsel
HR Director
Procurement Manager
Project Manager
Operations Director
Chief Financial Officer
Contracts Manager
HR Manager
Business Development Manager
Department Head
General Manager
Chief Executive Officer
Administrative Manager
Compliance Officer
Risk Manager
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