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  • 02. Dezember 2020

    Amendment To Independent Contractor Agreement

    When recruiting independent contractors, you must take into account specific considerations that should not be omitted from the awarding agreement, such as payments. B payments made instead of hiring a permanent employee. For example, an agreed percentage of salary instead of vacation benefits and allowances, or certain expenses such as travel and meals. More importantly, for this contribution and for real life purposes, the exchange of emails after the execution of a single signed contract can significantly alter the formal contract – which could be contrary to the terms of the formal contract or become invalid. Therefore, a clear amendment clause to the formal treaty is essential to avoid ambiguity of communications after execution. But a contract that provides for an iron modification clause providing for an „all-in-hand-signed-document“ does not take into account how small businesses, particularly knowledge workers and creative knowledge professionals, work. In fact, such a strict amendment clause often runs counter to the reality of a business relationship – and renders the treaty worthless compared to a relationship management instrument. Thus, a multi-step amendment clause takes into account the need for flexibility while avoiding ambiguities that can be created without a documented change process. Part of the provision will change the volume of services and pricing in the written exchange of communications, provided that the description of the services is sufficiently detailed.

    The other party would require a written and signed amendment to ensure that material rights and responsibilities are not changed without due consideration. The solution is a multi-step or multi-step amendment clause. Under a Master Services Agreement, an amendment clause that makes it easier to amend a work statement and a stricter amendment clause for the rest of the Master Services Agreement can clarify things and reflect the real reality. For a contract that is not based on a Master Services Agreement, followed by a series of work declarations, the ability to allow changes in the volume of services and price in a number of emails may be effective, while most of the contract is subject to a signed amendment. Signed individual document contracts should reflect the reality of the business relationship and vice versa. Day-to-day interactions and immediate needs may require some fluidity in the provision and pricing of these services. However, since communication between the parties may alter contracts, including a possible cancellation of the original contract, if the parties are not prudent, the contract should include a clear mechanism for amending the contract. However, the provision to be amended should not be sufficiently restrictive to deprive the parties of the flexibility to conduct real and day-to-day discussions on services and prices. The second section deals with provisions of the treaty that may be less modified, but which can significantly affect your rights and obligations in the contract, such as payment rules (part 2), dispute resolution mechanisms (part 3), intellectual property rights (which are dealt with in Part 5) or any other language imposed by one of the parties.


    Verfasst von Stefan Oberhauser

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