独立承包人
研究基金会 may engage the 服务 of an independent contractor (IC) on a short-term, intermittent, or an as-needed basis to perform specific tasks or 服务. These specific tasks or 服务 are those not normally provided by Research 基金会的员工. 独立承包商是 not permitted to begin work on any tasks until all requisite approvals are obtained in writing, from all parties involved.
加州ICs
On September 18, 2019, Governor Gavin Newsom signed 立法会条例草案5 (ab5) 成为法律. The bill codifies the California Supreme Court’s “ABC test” for independent 所述的承包商 Dynamex Operations West公司. v. 洛杉矶高等法院 (2018)情况下.
ab5于2020年1月1日成为法律. 它正式增加了第2750条.3到加州 劳动的代码. 根据ab5，“ABC测试” 必须 used to determine whether or not a worker providing 服务 to a California employer 是雇员还是独立承包人. 在AB 5和ABC测试下，一个工人 在加州是 假定 to be an employee, unless an employer proves that the worker:
(A) Is free from the control 和 direction of the company in performing work, both practically 和 in the contractual agreement between the parties; 和
(B) Performs work that is outside the usual course of the company’s business; 和
(C) Is customarily engaged in an independently established trade, occupation, or business which is of the same nature as the work he or she performs for the company.
In cases where exceptions may occur, the 研究基金会 Human 资源 team 会提供具体的指导和方向吗. 除了确保遵守 updated applicable laws, there are steep penalties to organizations for mis-classifying 作为独立承包人的工人. 研究基金会 will exercise caution 和 due diligence in its assessment of all requests to classify workers appropriately. The agreements below apply to California independent contractors.
Determination of Independent Contractor Status Checklist 和 Agreement - CA Only [pdf]
General Provisions for Independent Contractor Services - Non-Disclosure Agreement [pdf]
Independent Contractor Proprietary Rights Assignment [pdf]
州外ICs
The “ABC” test does not apply to out of state independent contractors. All out-of-state ICs must comply with their home resident state’s regulations regarding the establishment of an independent contractor agreement with the 研究基金会, 加州公司. The out-of-state IC will be asked to affirm that he or she has d一个 so as a prerequisite for the granting of IC status with the 研究基金会. 研究基金会 will continue to use the multi-factor form (currently in use) to determine IC status for proposed out-of-state ICs. The agreements below apply to all out-of-state independent contractors.
Independent Contractor Checklist 和 Agreement - All Except CA [pdf]
General Provisions for Independent Contractor Services - Non-Disclosure Agreement [pdf]
Independent Contractor Proprietary Rights Assignment [pdf]
需要签名
研究基金会 Independent Contractor Checklist 和 Agreement cannot be implemented until approvals, in writing, are obtained from the principal investigator, the director of HR (or their designee), the 赞助项目 manager, 及研究基金采购. 独立承包商是 不允许 to begin work until the IC agreement has been signed off by all parties.
时间限制
Independent contractors can work for the 研究基金会 only until the assigned 项目完成. Contracts must specify the expected number of service days or 个月. If the need for 服务 extends beyond the specified service period, a new independent contractor agreement 必须 established. 独立承包商是 不允许 to work on multiple projects for the 研究基金会 at the same time or on a series of projects over an extended period of time. 延长协议 past the ractor Pogrant end date 必须 approved by of the 研究基金会's 赞助项目 director (or his or her designee).
额外的资源
