Employees who no longer want to be controlled by their employers can turn to freelance. If this is your case, you should know that you are subject to different obligations while working freely. Let’s zoom in on the responsibilities attached to the freelance contract.
The principle of freelancing
A freelancer is a person who works independently, unlike an employee. In other words, they organize their own schedule in the execution of their tasks. Opt for a micro-enterprise in case you wish to exercise such an activity as a complement of income. If you decide to embark on this adventure, you will have to choose a legal status.
As a freelancer, you are a service provider who carries out specific missions. You can also be affiliated with a social security system without receiving unemployment benefits.
The clauses of a freelance contract
Be aware that the law does not regulate freelance contracts. So, make sure to write them well by taking into account the different necessary clauses. A financial compensation can be requested for each clause.
The non-competition clause
Limited in time and space, the non-competition clause prevents you from carrying out any activity similar to that of your client.
The confidentiality clause
A confidentiality clause obliges you not to disclose your client’s personal data. He may give you several accesses to work on his behalf, as in the case of a virtual assistant, for example. Indeed, this can harm his activity, even his private life. For that, it is necessary to specify in the contract the concerned information.
The intellectual property transfer clause
The intellectual property transfer clause mainly concerns artistic activities and industrial designs. It makes it possible to control the transfer of copyrights.
The arbitration clause
The arbitration clause allows you to avoid going to court in the event of a dispute with your client. Indeed, it allows you to resort to arbitration and to the competent jurisdiction.
The objective clause
Most freelancers receive a variable remuneration. The objectives clause allows you to define the objectives to be reached before the deadline. This allows you, among other things, to divide your remuneration into several modules.
The early termination clause
The early termination clause allows both parties to break the contract at any time in case of non-compliance. For example, you can terminate the contract early if the client does not pay you.
Mandatory mentions in a freelance contract
A freelance contract does not have a standard model to follow like the contracts of an employee. On the other hand, the following elements must be included
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- The identity of the client and his company
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- Your identity
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- The description of the missions
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- The remuneration
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- The terms of payment
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- The payment terms
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- The duration of the mission
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- The daily or weekly hourly volume
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- The conditions for early termination
Obligations under the contract
On the one hand, make sure that you fulfill your mission in time and in compliance with the instructions given. It is imperative that you take out professional liability insurance to cover you in the event that you have committed faults or damaged the equipment entrusted to you. On the other hand, your client has an obligation to pay you on time.
If the remuneration for an assignment exceeds $ 3,000, he must check that you pay the declarations and social contributions. This verification must take place as soon as the contract is concluded and every six months. If you are abroad, he must require a work permit.
If you have concluded a fixed-term contract, it will end at the end of the term mentioned in the contract. In the case of a permanent contract, it ends when the assignments are completed.
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