Freelancer Agreement
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Make sure you capture the terms of his/her engagement in the Freelancer Agreement to avoid any disputes in the future. Get your Freelancer Agreement drafted by Expert Senior Lawyers, skilled in Employment and HR laws.

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FREELANCER AGREEMENT

A Freelancer Agreement is an agreement that an organisation/employer enters into with the freelancer hired by them. This agreement governs the relationship between the freelancer and the employer and it enumerates various terms of their relationship, such as deliverables, timelines, compensation, roles and responsibilities, etc.

It is pertinent to enter into an Freelancer Agreement, in order to define the scope of work for the freelancer and to restrict him/her with the obligations such as confidentiality, exclusivity, indemnification and non-competition.

How it works?

01

Define project scope

Specify deliverables, timelines, payment milestones, and revision policies for the project.

02

Agreement drafting

Our lawyer drafts the freelancer contract with IP ownership, payment terms, and kill-fee clauses.

03

Review & finalization

Review the contract terms and ensure both client and freelancer interests are protected.

04

Execution ready

Final freelancer agreement delivered — clear scope, payment terms, and IP rights defined.

Contents of a Freelancer Agreement

  1. What is the job description and what are the duties of the freelancer?
  2. What is deliverable expected/required from the freelancer?
  3. What is the compensation structure?
  4. What is the term of engagement? Is there any lock-in period?
  5. Is there an exclusivity required t be offered by the freelancer?
  6. Are there any leave entitlements?
  7. How can the engagement be terminated? What is the notice period?
  8. How would the intellectual property in the work done by the freelancerduring the course of his/her arrangement be treated?
  9. Is there any non-compete and non-solicit restriction?

Laws governing the Freelancer Agreement in India

The different laws which govern various aspects of Freelancer Agreement in India are as follows:

  1. The Indian Contract Act, 1872
  2. Shops & Commercial Establishment Act (State-wise)
  3. Industrial Relations Code, 2020
  4. Code on Social Security, 2020
  5. Code on Wages, 2019
  6. Arbitration and Conciliation Act, 1996
  7. Copyright Act, 1957
  8. The Trademarks Act, 1999
  9. Patent Act, 1970
  10. Design Act, 2000

Why Legitax

  1. Senior Expert Lawyers: We will get your document drafted/reviewed by Senior Expert lawyers, skilled in Employment and HR laws. You can track the progress of your document on our platform at all times.
  2. 4.5 Customer Score: Clients are delighted with our service! They have consistently rated us high because of our focus on delivering quality output and providing regular updates.
  3. Responsible Delivery: Our team of experienced business advisors are just a phone call away. Our team will ensure that your interaction with the expert lawyer is smooth and seamless and the document draft is delivered to you within the committed timeline.

Deliverables

Our standard deliverables for every document drafting includes:

  1. 30 Minutes of Talk-Time with the Lawyer for drafting/reviewing the Agreement
  2. First draft of the documents will be delivered to you within a maximum of 2 working days
  3. Post-delivery of the first draft – 2 Iterations per Document to incorporate your suggestions/changes

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Frequently asked questions

A freelancer is not an employee of the organisation. He/she is normally a professional who is offering services as per the scope of her/his assignment. As an employee, one is bound by the rules of the organisation concerning employment, such as leave, attendance and working conditions. This is not the case in case of a freelancer. As per labour laws of India, "Freelancer" position also does not entitle the person to the legal rights of the employment nor entitles him to the rights of an employee (such as PF, gratuity etc).

There are certain benefits that an organisation enjoys when it hires a person as a freelancer, rather than an employee. Some of those benefits include:- ● The organisation is not bound to comply with labour laws related to an employee's PF, Gratuity and other terminal benefits on retirement or resignation. ● You can discuss deliverables with the freelancer you plan to hire and only pay on completion of the task. ● Since freelancer are not technically employees of your company, it gives your greater flexibility to control the conditions of their work and remuneration. ● Again, since freelancers aren't technically employees, your company does not bear full responsibility for their actions on the job. ● The organisation has to ensure lesser compliances in terms of freelancer, than what it has to do in case of employees.

A Freelancer Agreement provides clarity to both the parties, i.e. an employer and the freelancer, as to the exact expectations of the job, compensation structure, deliverables, timelines, termination mechanism, besides other important terms. This kind of clarity helps to prevent disputes between the parties, and if in case there is a dispute, the Freelancer Agreement acts as an evidence of the arrangement mutually agreed to between both the parties.

No, it is not mandatory. However, even though there is no law that mandates it, it is however very important to enter into such an agreement, in order to provide clarity to the both the parties as to the exact expectations of the job, compensation, deliverables, timelines, termination mechanism, besides other important terms. This kind of clarity helps to prevent disputes between the parties, and if in case there is a dispute, the Freelancer Agreement acts as an evidence of employment arrangement agreed to between both the parties.