Independent Contractor Driver Agreement Template for Malaysia

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Key Requirements PROMPT example:

Independent Contractor Driver Agreement

"I need an Independent Contractor Driver Agreement for my logistics company in Malaysia that will be used for engaging 50+ delivery drivers starting January 2025, with emphasis on maintaining contractor status and including comprehensive insurance requirements for high-value cargo transportation."

Document background

The Independent Contractor Driver Agreement is essential for businesses operating in Malaysia that engage drivers as independent contractors rather than employees. This document is particularly relevant in the growing gig economy and logistics sector, where companies need to clearly establish contractor relationships while ensuring compliance with Malaysian regulations. The agreement covers crucial aspects such as service terms, payment structures, insurance requirements, and operational standards, while maintaining clear distinction from employment relationships under Malaysian law. It's designed to protect both the company's interests and the contractor's independent status, incorporating necessary provisions for transportation services in Malaysia's legal framework.

Suggested Sections

1. Parties: Identification of the contracting parties - the company and the independent contractor driver

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Establishes the contractor relationship and details the driving services to be provided

5. Independent Contractor Status: Clearly defines the relationship as independent contractor, not employment

6. Term and Termination: Duration of the agreement and conditions for termination

7. Contractor's Obligations: Key responsibilities including maintaining licenses, vehicle condition, and service standards

8. Company's Obligations: Company's responsibilities including payment terms and support services

9. Payment Terms: Compensation structure, payment schedule, and related financial terms

10. Insurance and Liability: Required insurance coverage and allocation of liability

11. Compliance with Laws: Obligation to comply with relevant transportation and safety regulations

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: Compliance with PDPA and handling of personal data

14. Dispute Resolution: Process for resolving disputes between parties

15. Governing Law: Specification of Malaysian law as governing law

Optional Sections

1. Non-Compete: Restrictions on working with competitors, used when contractor has access to sensitive information

2. Performance Metrics: Specific performance standards and KPIs, used when detailed monitoring is required

3. Vehicle Maintenance: Detailed maintenance requirements, used when contractor uses their own vehicle

4. Technology Platform: Rules for using company's technology platform, used when applicable

5. Branding Requirements: Guidelines for using company branding, used when contractor represents company to public

6. Training Requirements: Mandatory training programs, used when specific certifications are needed

7. Force Majeure: Provisions for unforeseen circumstances, used in longer-term agreements

Suggested Schedules

1. Schedule 1 - Service Areas: Detailed list of geographical areas where services are to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of payment rates, bonuses, and incentives

3. Schedule 3 - Service Level Requirements: Specific performance metrics and service standards

4. Schedule 4 - Vehicle Requirements: Detailed specifications for vehicles used in service

5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage amounts required

6. Appendix A - Safety Protocols: Detailed safety procedures and requirements

7. Appendix B - Technology Usage Guidelines: Instructions for using company's technology platforms

8. Appendix C - Incident Reporting Procedures: Steps to follow in case of accidents or incidents

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

Transportation

Logistics

E-commerce

Food Delivery

Courier Services

Ride-hailing

Retail Distribution

Last Mile Delivery

Manufacturing

Warehousing

Relevant Teams

Legal

Operations

Human Resources

Compliance

Risk Management

Fleet Operations

Driver Relations

Safety & Security

Contract Administration

Regional Operations

Relevant Roles

Operations Manager

Fleet Manager

Logistics Coordinator

Compliance Officer

Legal Counsel

Human Resources Manager

Risk Manager

Contract Administrator

Transportation Manager

Driver Relationship Manager

Safety Officer

Regional Operations Director

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