A self-employment contract protects both the self-employed (or self-employed or freelance) and the client in providing a clear regulation of the work to be performed and the compensation that will be paid for that work. Before carrying out any service for a customer, it is important that the self-employed worker has a contract signed that obliges the customer to pay him with certain methods and deadlines. To draw up your self-employment contract, follow the steps below.
Steps
Method 1 of 1: Write Your Agreement
Step 1. Create a header for your contract
The header should be descriptive of the agreement, for example, Consultancy Agreement, Self Employment Agreement, Intellectual Work Agreement. Center the bold header at the beginning of the contract like this:
Self-employment contract
Step 2. Indicate the names of the parties to the contract
After each name, include the title or title by which you will refer to that party in the contract. For instance:
"This Self-employment Contract (" Agreement ") is entered into between, Mario Rossi (" Contractor ") and Maria Bianchi (" Client ")" or Mario Rossi ("Contractor") and Maria Bianchi ("Client") agree as follows:"
Step 3. Describe the work to be done
This can be done the way you want, as long as it works well for you and your particular line of business. Some things to consider when drafting this section of the self-employment contract are as follows:
- Leave a blank space where you can write. If a job description consisting of three or four sentences is best for the particular service you provide, you could write something like: "Contractor will provide Client with the following services:" and then leave some blank lines where you can write or type a short job description for each client. This formula works best in case of provision of services, which can be summarized in a short paragraph. For example, a social media consultant might describe the job like this: “Create and maintain profiles for the Client in social networks using Facebook, Twitter and LinkedIn. Develop and implement advertising campaigns in social networks and train current staff to continue the social marketing work."
- Describe the job in general or specific terms. If you are sure there will be no disputes over the work that needs to be done, you can use general terms for this section of the contract. Using general terms will allow you to leave this section the same for each contract, thus reducing errors and speeding up the drafting of contracts for each client. An example of general terms, instead of specific ones, could be to write: 'legal assistance services,' 'secretarial services,' or 'consultancy' instead of describing all the functions of a legal assistant, secretary or consultant.
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Attach projects and specifications. If you provide a service that relies largely on technical specifications or drawings, describing the project in your self-employment contract can mean making it several pages long and drastically changing for each new client. For services of this type, it is possible to describe the work provided to the client as follows: "services described in the attached project." You can then attach each client's personal project to their contract. This will allow you the flexibility to be able to describe each job in detail and at the same time the benefit of not having to change the entire contract for each new job.
Create a Freelancing Contract Step 4 Step 4. Specify the compensation you will receive, how you wish to receive it and the deadline in which it must be paid
You can choose to use fixed or hourly wages, or include both. For instance:
_ The Client will pay the Contractor € _ for each hour of work, to be paid no later than the first Friday following the end of each week in which the Contractor provides its services for the Client.
Or
_ The Client will pay the Contractor a fixed fee of € _ as full payment for the project described below. Payment must be made in the following ways:
to. € _ to be paid in advance before the start of work, and b. € _ to be paid upon delivery of the final product.
Create a Freelancing Contract Step 5 Step 5. Include a description of the employment relationship
Specify that you are a freelancer or self-employed and that you will provide the services in the time and place you choose. Since employees and self-employed are treated differently under tax and social security legislation, an employment relationship description like this will ensure that there is no mistake as to whether you are self-employed or self-employed.
Create a Freelancing Contract Step 6 Step 6. Specify who will own the final product you will create, manufacture or invent
Forms, recipes, research, memoranda, graphics and software are generally owned by the customer. You have to be clear and specific about who will own what. "By way of example but not limited to" is a good phrase to use in this section of the contract. For example, "all documents produced by the Contractor in the course of this work for the Client such as by way of example but not limited to: memorandum, research notes, correspondence, emails, requests and reports, will be the property of the client and the Contractor may not claim any right, claim or interest in them."
Create a Freelancing Contract Step 7 Step 7. Determine if you need a confidentiality clause
If you will be providing services that will disclose confidential information, such as legal or health documents, secret prescriptions or formulas, or clients' personal and financial information, then you should include a confidentiality clause. A typical confidentiality clause contains the definition of "confidential information" and states that you undertake not to disclose confidential information to anyone and not to use it in any way other than for the purpose of performing your contractual obligations to the customer, and provides an exception if you are ordered to disclose confidential information by court order.
Create a Freelancing Contract Step 8 Step 8. Determine which standard clauses you want to include
Some common contractual clauses include:
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Choice of applicable law. This clause can be inserted when the customer is based in another country. The clause will establish which law will govern the contract. This is generally the law of the policyholder's state of residence. A choice of law clause may look like this:
Applicable law.' This agreement will be governed in all its aspects by Italian law. Each party irrevocably agrees to accept the exclusive jurisdiction of the Italian courts, as applicable, in relation to any dispute arising from or connected to this Agreement, with the exception of executive actions, in relation to which the Italian jurisdiction will be considered non-exclusive..
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Salvation Clause. A salvation clause (also called severability) states that if any contractual condition is declared invalid or ineffective by a court, the remainder of the contract will remain intact. A salvation clause can look like this:
Salvation Clause.
If any provision of this Agreement is found to be unlawful, invalid or ineffective by a court, (a) that provision will be deemed modified to achieve as much as possible the same economic effect as the original provision, and (b) the lawfulness, validity and enforceability of the remaining provisions of this Agreement will remain unaffected.
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Specific remedies for breach of contract. Service contracts commonly contain a specific remedies clause that authorizes the customer to request a specific enforcement order, or a penalty clause in the event that the contractor attempts to disclose confidential information in violation of contractual conditions, or in the event that which the contractor refuses to perform any contractual obligation, the non-fulfillment of which causes irreparable damage to the customer. A specific remedies clause for breach of contract may look like this:
Remedies for Default. ' The contractor acknowledges that his obligations arising from this Agreement are unique to the Client, a character which gives them a particular value; the contractor's failure to comply with these obligations will result in irreparable and continuous damage to the customer, for which there will be no adequate legal remedy; in the event of such non-fulfillment, the customer will be entitled to request in court the specific execution of the contractual obligations without prejudice to the right to compensation for damage.
Create a Freelancing Contract Step 9 Step 9. Include the date
This should be the date the parties sign the contract. If you are unsure of the exact date, leave a blank line where necessary so that day, month and year can be handwritten at the time of subscription. For example: "Read, confirmed and signed on _ February, 2013."
Create a Freelancing Contract Step 10 Step 10. Create a signature space
Each party should have a line with adequate space to sign, with the title ("The Client", "The Contractor") and the name printed below
Create a Freelancing Contract Step 11 Step 11. Structure your contract
Each section of your contract should be numbered, and have a section title in bold type.
Advice
Make sure your contract is clear about the work to be done and the compensation to be paid. A contract does not need to be particularly elaborate or include specific language formulas to be enforced in a court of law. It only requires you to clearly describe the terms of the contract, identify the parties, and be signed by the party against whom the contract is enforced
Warnings
- You should consult with an attorney before entering into anything that may affect your rights and obligations.
- If in doubt, have your contract checked.
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