The Truck Driver Independent Contractor Agreement is essential for companies operating in Malaysia that engage independent truck drivers for their transportation needs. This document is crucial in today's growing logistics and e-commerce landscape, where clear contractor relationships must be established to avoid employment misclassification issues under Malaysian law. The agreement covers critical aspects including service scope, payment terms, safety requirements, and regulatory compliance, while specifically addressing requirements under Malaysian transportation legislation such as the Land Public Transport Act 2010 and Road Transport Act 1987. It's particularly relevant given the increasing focus on proper contractor classification and the need for comprehensive documentation in commercial transportation relationships.
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1. Parties: Identification of the contracting company and the independent contractor driver
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement including 'Services', 'Vehicle', 'Territory', etc.
4. Scope of Services: Detailed description of transportation services to be provided by the contractor
5. Independent Contractor Status: Clear establishment of independent contractor relationship and disclaimer of employment relationship
6. Term and Termination: Duration of agreement and conditions for termination by either party
7. Contractor's Obligations: Key responsibilities including licensing, maintenance, safety compliance, and service standards
8. Company's Obligations: Company's responsibilities including provision of work orders, access to facilities, etc.
9. Compensation and Payment Terms: Payment rates, calculation methods, payment schedule, and related financial terms
10. Insurance and Liability: Required insurance coverage and allocation of risks between parties
11. Compliance with Laws: Obligation to comply with relevant transportation and safety regulations
12. Confidentiality: Protection of confidential information and trade secrets
13. Dispute Resolution: Process for resolving disputes under Malaysian law
14. General Provisions: Standard contract clauses including notices, amendments, governing law, etc.
1. Non-Compete: Restrictions on working with competitors, used when contractor has access to sensitive business information
2. Equipment Lease: Terms for company-provided vehicle usage, if applicable
3. Performance Metrics: Specific KPIs and performance standards, if using performance-based compensation
4. Training Requirements: Specific training obligations, if company requires particular certifications or training
5. Fuel Card Program: Terms for participation in company fuel card program, if offered
6. Technology Usage: Rules for using company-provided technology or tracking systems
7. Volume Commitments: Minimum service volume guarantees, if applicable
8. Subcontracting: Terms allowing/prohibiting use of substitute drivers or helpers
1. Schedule 1 - Service Rates: Detailed breakdown of payment rates for different types of services
2. Schedule 2 - Territory Map: Definition of geographical service area and any restricted zones
3. Schedule 3 - Vehicle Requirements: Specific requirements for vehicles including maintenance standards
4. Schedule 4 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
5. Schedule 5 - Operating Procedures: Standard operating procedures and safety requirements
6. Schedule 6 - Performance Standards: Detailed service level requirements and measurement criteria
7. Appendix A - Required Documentation: List of required licenses, permits, and certifications
8. Appendix B - Incident Reporting Forms: Standard forms for reporting accidents or incidents
Relevant legal definitions
Clauses
Relevant Industries
Logistics
Transportation
Manufacturing
Retail
E-commerce
Construction
Agriculture
Mining
Oil and Gas
Food and Beverage
Wholesale Distribution
Industrial Supply
Automotive
Relevant Teams
Legal
Operations
Logistics
Transportation
Fleet Management
Risk Management
Compliance
Human Resources
Health and Safety
Procurement
Supply Chain
Contract Administration
Relevant Roles
Logistics Manager
Transportation Manager
Fleet Manager
Operations Director
Contract Administrator
Compliance Officer
Risk Manager
Supply Chain Manager
Procurement Manager
Legal Counsel
HR Manager
Safety Manager
Dispatch Supervisor
Independent Truck Driver
Owner-Operator
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