Self Employed Agreement for Malta

Self Employed Agreement Template for Malta

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What is a Self Employed Agreement?

The Self Employed Agreement is essential for businesses operating in Malta who engage independent contractors, consultants, or freelance professionals. This document is specifically designed to comply with Maltese employment and contract law while clearly establishing a self-employed relationship distinct from employment. It addresses key areas including service scope, payment terms, intellectual property rights, and professional liability, while incorporating necessary provisions to meet both local and EU regulatory requirements. The agreement is particularly crucial in today's growing gig economy and flexible working arrangements, providing legal protection and clarity for both parties while ensuring proper classification of self-employed status under Maltese law.

What sections should be included in a Self Employed Agreement?

1. Parties: Identification of the contracting parties - the client and the self-employed contractor

2. Background: Context of the agreement and brief description of the parties' intention to enter into a self-employed arrangement

3. Definitions: Key terms used throughout the agreement

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

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Fees and Payment Terms: Compensation, payment schedule, and invoicing requirements

7. Independent Contractor Status: Clear statement of self-employed status and independence from the client

8. Contractor's Obligations: Key responsibilities, quality standards, and delivery requirements

9. Client's Obligations: Client's responsibilities including provision of information and resources

10. Intellectual Property Rights: Ownership and rights regarding work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Tax and Social Security: Confirmation of contractor's responsibility for tax and social security payments

13. Liability and Indemnification: Extent of liability and indemnification obligations

14. Insurance: Required insurance coverage to be maintained by the contractor

15. General Provisions: Standard clauses including notices, amendments, and governing law

What sections are optional to include in a Self Employed Agreement?

1. Equipment and Resources: Details of any equipment or resources provided by either party - include when specific tools or resources are material to the services

2. Substitution Rights: Right to provide substitute personnel - important for reinforcing self-employed status

3. Non-Compete: Restrictions on competing activities - include for sensitive industries or when protecting client relationships

4. Data Protection: GDPR compliance measures - include when personal data processing is involved

5. Service Levels: Specific performance metrics - include for technical or specialized services

6. Change Control: Process for changing scope or services - include for complex or long-term arrangements

7. Force Majeure: Provisions for unforeseeable circumstances - include for critical services or long-term contracts

8. Dispute Resolution: Specific dispute resolution procedures - include for high-value or complex services

What schedules should be included in a Self Employed Agreement?

1. Schedule 1 - Services Description: Detailed specification of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and quality standards

4. Schedule 4 - Required Insurance: Details of insurance types and coverage levels

5. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if applicable

6. Appendix B - Key Personnel: Details of key individuals involved in service delivery

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Information Technology

Professional Services

Creative Industries

Management Consulting

Financial Services

Digital Marketing

Healthcare Services

Education and Training

Engineering

Construction

Media and Communications

Real Estate

Business Advisory

Research and Development

Technical Services

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Compliance

Risk Management

Business Development

Vendor Management

Relevant Roles

Freelance Consultant

Independent Contractor

Self-Employed Professional

Business Advisor

IT Consultant

Marketing Specialist

Project Manager

Technical Specialist

Creative Professional

Financial Advisor

Training Consultant

Research Analyst

Business Development Consultant

Digital Marketing Specialist

Professional Coach

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