The «Capacity/Independent Contractor» clause states that the consultant is engaged as a supplier or independent consultant and not as an employee of the client. Please note that concealing an employment relationship as a self-employed contractor is illegal in order to prevent workers from being forced to pay benefits such as holiday pay, pension, workers` allowance and income tax. A court may find that an employment relationship is an employment/employer relationship when the person hired is closely monitored and directed by the tenant. As a rule, an independent contractor provides a qualified service, is paid for a given result, controls how the services are provided, can refuse additional work and usually bears the costs of repairing defective work. A court would consider all of these factors when deciding whether a particular employment relationship is a fictitious contract. The waiver clause states that when a party waives its rights to impose an infringement by another party, such non-enforcement of its rights shall not be considered a waiver of subsequent infringements. If you do not want to have all these clauses in your agreement, select «No» and you can choose which clauses to include. «Any agreement preventing a person from exercising a legitimate profession, trade or activity of any kind is not valid on this scale» An alternative clause gives the adviser the right to send a replacement to provide the services on his behalf. This can be very useful in determining self-employed status, especially when the right is exercised in practice. However, it cannot always be economical, as the client often only wants to have the expertise of each selected advisor.
The parties shall endeavour to protect themselves from the activities of the other party by expressly incorporating covenants into treaties. The non-competition clause is one of those important clauses that prevents one of the parties from competing with the other party or doing similar business. The advantage of mentioning this clause in a contract is that it offers one or both parties some protection against damage or loss. The use of the non-competition clause is most often considered in employment contracts, as the employer gave his employees certain sensitive and confidential information that the worker acquires at the time of his employment in the company. . . .