I'm in the US and I'm hiring some programmers, some in the US and some not. I'd like to have them sign a standard sort of contract. They'll be hired based on an hourly wage and what they'll be working on will constantly change so I don't need a proposal in the contract. If things don't work out, I'll just have them stop working and I'll stop paying them. After some research, these are the things I think should be included:
independent contractor status: The programmer is an independent contractor and not an employee.
confidentiality and non-disclosure agreement: The programmer can not use or share my company's code.
work for hire: The programmer is not entitled to any ownership of my company and everything he creates for my company is owned exclusively by my company.
warranty of originality: The programmer will not use previously-written code that he does not have permission to use.
Did I miss anything? Is there a source for standard contract stuff like this?
Should the contract be any different when hiring a system administrator instead of a programmer?
The sysadmin I want to hire wants a clause in the contract that says he will license me (perpetual, royalty-free, non-transferable) any work he creates for me and that he reserves the right to open-source such work if it would not disclose confidential information, reduce competitive advantage, or otherwise pose a risk for either of us.
He says he wants to be able to re-use or open-source monitoring tools, templates, or modules, and I think that's fine. What do you think?