Definition
Contractor agreement (Ro.: contract de antrepriză, Gr.: σύμβαση έργου, Cz.: smlouva o dílo) (See also: contractor, constructor, entrepreneur, independent contractor) = a contract under which the contractor performs services for the other party in an independent manner.
The contractor’s independence differentiates him from the employee. While the employee is hired and thus found in a subordinate relationship with the employer, the contractor is independent and his actions are limited only by contractual provisions.
Useful links
Legislation
http://www.pontes.ro/ro/legislatie/noul-cod-civil.pdf - Romanian Civil Code, Articles 1851-1880 [Romanian]
http://www.comlaw.gov.au/Details/F2010C00450/Html/Text#param2 - Independent Contractors Regulations 2007, Australian Government [English]
http://www.finlex.fi/en/laki/kaannokset/2006/en20061233.pdf - Act on the Contractor’s Obligations and Liability when Work is Contracted Out, Ministry of Labour, Finland [English]
Online articles
http://www.kpmg.com/RO/en/IssuesAndInsights/ArticlesPublications/Newsflashes/Advisory/Legal-Newsflash/Documents/Legal_19_EN.pdf - Contractor agreements under the New Civil Code, KPMG Romania
http://www.entrepreneur.com/encyclopedia/independent-contractor - Independent Contractor
Publications
Stan, Cirlig, 2014, Contractor Agreement with a foreign element. Subject-Matter Jurisdiction, Romanian Case Law Review no. 1/2014
Van der Hoven, Emile, 2013, Labour law and the civil engineer - the employee, the employer and the independent contractor, Civil Engineering
Rob P. Saka, 2014, STUDENT NOTE: Confidential Ideas and Independent Contractors: Trade Secret Ownership in the Age of the Hired Gun, Hastings Business Law Journal
Fishman, Stephen, 2002, Working for Yourself: Law and Taxes for Independent Contractors, Freelancers, and Consultants, Nolo Library Journal
Pacynski, Rick A., 1993, Legal Challenges in Using Independent Contractors, Michigan Bar Journal
Payton, Janet G., 2001, Checklist for Determining Independent Contractor Status, Corporate Counsel's Quarterly
Ringquist, Neil A. ,1997, Independent Contractor or Employee? A Practioner's Guide, Chicago: CCH
Sheppard, Lee A. ,1999, Resolving the Independent Contractor Dispute for the Future, Tax Notes 83 (May): 1282-86
Wood, Robert W., 2000, Legal Guide to Independent Contractor Status, 3d ed. Gaithersburg, Md.: Aspen Press
By Alexandru Coraș