Employment & HR

Subcontractor Agreement -- Corporate, Retainer

A Corporate Subcontractor Agreement on a retainer basis. Covers ongoing subcontracting services, monthly fees, and scope under Kenyan law.

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Drafted to comply with Kenyan law and international common law standards.

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What this document covers

Main contractor and subcontractor details
Monthly retainer fee
Scope of ongoing services
Availability and response time requirements
Indemnification obligations
Insurance requirements
Confidentiality obligations
Notice period to end arrangement
Governing law clause

Frequently Asked Questions

Can a subcontractor on retainer claim employee rights in Kenya?
If the retainer resembles employment in practice — exclusive arrangement, fixed hours, integration into the principal's business — the Employment Act 2007 may apply regardless of the contract label. The agreement should reflect genuine contractor independence.
What should a retainer subcontractor agreement specify?
Monthly fee, scope of services included, availability requirements, notice period, how additional work beyond the retainer is billed, confidentiality, IP ownership, and the independent contractor status of the subcontractor.
Is a retainer subcontractor agreement enforceable internationally?
Yes, under contract law principles in all common law jurisdictions. For international arrangements, clarify which country's employment and tax laws apply to avoid unexpected obligations.