📄 What you need to know about contracts and legal obligations in Ontop

In this article you will find key information on legal topics, contract types, and other essential aspects for independent contractors. We want you to have everything clear so that your relationship with the company is a success.

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Employee vs. Independent Contractor

Employee: A traditional employment relationship, regulated by an employment contract. It is characterized by:

• A hierarchical relationship

• Fixed salary and pre-established hours

• Exclusivity and direct subordination

Independent Contractor: Provides services to a company under a Service Provision Contract , governed by civil and commercial regulations. It is characterized by:

• There is no exclusivity or defined schedule.

• You receive fees for services, not a salary.

• He uses his own tools and has autonomy.

• It is governed by a statement of services and compensation.

How do you avoid misunderstandings or misclassification?

The key is clarity. To avoid problems, it is essential:

• Evaluate the real independence of the contractor.

• Save documents that support the relationship.

• Avoid behaviors that show subordination or exclusivity.

• Record the independent nature of the relationship.

Key questions about your contract

• What do I do if I do not agree with my contract?

  • We Sign: Contact your point of contact on the Ontop sales team. Our legal team will review and negotiate adjustments if possible.

  • You Sign: Contact the company directly to negotiate the clauses.

• What laws and jurisdiction apply? All contracts and disputes are governed by the law of the State of Delaware, USA Disputes will be resolved in the courts of the Miami-Dade County, Florida .

• Should I issue an invoice? Yes. As a contractor, you must issue an invoice for your services, with your name, address, and tax identification number (if applicable). In other countries, check if you are required to bill according to local regulations.

• What are the risks of incorrect classification? If a company misclassifies you, you may face fines, back pay, overtime, and other benefits, so it's crucial to get the relationship right from the start.

Other important obligations

• Review your contract: Make sure you fulfill all obligations. Some clauses may remain in force even after your contract ends.

• Payments: The company must pay you the amounts it owes you by contract. If they haven't paid you, it's best to have open communication with them.