Independent Contractor Subcontractor Agreement Template for Malaysia

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Independent Contractor Subcontractor Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Independent Contractor Subcontractor Agreement

"I need an Independent Contractor Subcontractor Agreement for engaging a software development company in Malaysia to provide remote technical services, including provisions for code ownership, data protection, and confidentiality of our proprietary technology."

Document background
The Independent Contractor Subcontractor Agreement is essential for businesses operating in Malaysia that need to engage external contractors or specialists while maintaining clear independent contractor relationships. This document is particularly relevant in today's growing gig economy and project-based business environment, where companies increasingly rely on specialized contractors. The agreement ensures compliance with Malaysian legal requirements, including the Contracts Act 1950, Employment Act 1955, and relevant tax regulations, while clearly establishing the independent nature of the relationship to avoid misclassification issues. It covers crucial elements such as scope of services, payment terms, intellectual property rights, confidentiality, and dispute resolution mechanisms, providing a robust framework for both parties to understand their rights and obligations.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between parties, and brief description of the project or services

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

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

5. Term and Engagement: Duration of the agreement and conditions for engagement

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

7. Independent Contractor Status: Clear statement of independent contractor relationship and its implications

8. Obligations of the Subcontractor: Specific duties, responsibilities, and performance standards

9. Obligations of the Main Contractor: Main contractor's responsibilities and commitments

10. Intellectual Property Rights: Ownership and rights to work product, existing IP, and created materials

11. Confidentiality: Confidentiality obligations and handling of sensitive information

12. Data Protection: Compliance with PDPA 2010 and data handling requirements

13. Liability and Indemnification: Allocation of risks, liability limitations, and indemnification provisions

14. Insurance: Required insurance coverage and minimum limits

15. Termination: Grounds for termination, notice requirements, and consequences

16. Post-Termination Obligations: Obligations that survive termination of the agreement

17. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

18. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when subcontractor has access to sensitive information or client relationships

2. Equipment and Materials: Provisions regarding tools and equipment, used when specific equipment is required for service delivery

3. Performance Metrics: Specific KPIs and measurement criteria, used for performance-based contracts

4. Training Requirements: Required training or certifications, used in specialized technical services

5. Security Requirements: Special security protocols or clearances, used when dealing with sensitive information or secure facilities

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-risk contracts

7. Subcontracting: Rights and restrictions on further subcontracting, used when delegation of work might be necessary

8. Environmental Compliance: Environmental obligations, used in projects with environmental impact

9. Health and Safety: Specific health and safety requirements, used in physical or high-risk work environments

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and technical specifications

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

3. Schedule 3 - Service Levels: Performance standards, metrics, and quality requirements

4. Schedule 4 - Project Timeline: Project milestones, deadlines, and delivery schedule

5. Schedule 5 - Required Insurance: Specific insurance requirements and coverage limits

6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if further subcontracting is permitted

7. Appendix A - Required Forms: Standard forms for invoicing, reporting, and other administrative requirements

8. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Relevant Industries

Information Technology

Construction

Professional Services

Engineering

Healthcare

Education

Manufacturing

Telecommunications

Energy

Financial Services

Creative Industries

Consulting

Real Estate Development

Research and Development

Relevant Teams

Legal

Procurement

Human Resources

Operations

Finance

Compliance

Project Management Office

Business Development

Risk Management

Contract Administration

Relevant Roles

Project Manager

Contract Administrator

Legal Counsel

Procurement Manager

Operations Director

Human Resources Manager

Chief Operating Officer

Business Development Manager

Technical Director

Compliance Officer

Finance Manager

Program Director

Department Head

Managing Director

Chief Executive Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Subcontractor Offer Letter

A Malaysian-compliant offer letter establishing terms and conditions for subcontractor engagement in commercial projects.

find out more

Contractor Subcontractor Agreement

A Malaysian law-governed agreement between contractor and subcontractor defining construction project responsibilities, payments, and obligations.

find out more

Subcontract Agreement For Construction Work

Malaysian law-governed agreement between main contractor and subcontractor for specified construction works, incorporating CIDB and CIPAA requirements.

find out more

Painting Subcontractor Agreement

A Malaysian law-governed agreement between a main contractor and painting subcontractor defining terms for painting works execution and compliance with CIDB regulations.

find out more

Nominated Subcontractor Agreement

Malaysian law-governed agreement between main contractor and nominated subcontractor for specialized construction works, including scope, payments, and obligations.

find out more

Security Subcontractor Agreement

A Malaysian law-governed agreement between a primary security provider and subcontractor for the provision of security services, ensuring regulatory compliance and operational standards.

find out more

Independent Subcontractor Agreement

Malaysian-law governed agreement establishing and regulating an independent contractor relationship between a company and service provider.

find out more

Independent Contractor Subcontractor Agreement

Malaysian-compliant Independent Contractor Subcontractor Agreement establishing terms for subcontractor engagement under Malaysian law.

find out more

Non Disclosure Agreement For Subcontractor

Malaysian-law governed NDA for protecting confidential information in subcontractor relationships, incorporating local legal requirements and business practices.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.