A range of contracts to support freelancers, contractors and consultants

Contracts are an essential part of every freelancer's toolkit and should not be underestimated.  Not only do they outline the wants, needs and expectations of the parties, but they also provide a legal framework within which these will be achieved, and a back up should legal intervention be required. Contracts provide a formal definition of the business relationship between the freelancer and agency or direct client.

You need to agree with your client whether you are being taken on as a temporary employee or a contractor. If your client will control you closely, guarantee to pay you whether or not there is work to do and not allow you to send a substitute if you are ill or unable to come in to work, then you will be probably be hired as an employee on a fixed or short-term contract of employment.  You can then accrue employment rights from day one.

However, if you are allowed to use your professional judgement to work out how to perform tasks, can go home if there is no work to do or can send a suitable alternative if you are unavailable then you are a contractor with no employment rights. Your contract should accurately reflect the relationship between parties, and should include the following elements:

• A substitution clause allowing the work to be performed by another person provided by your freelance business; there will usually be terms relating to right of veto, suitable qualifications and so forth.

• A clause specifying that there is no "mutuality of obligation" between the parties; in other words, there is no "obligation, on the one hand, to work and, on the other, to remunerate."

• A clause stating that you will not be subject to supervision, direction or control as to the manner in which you render the agreed services; as a professional, you will use your own initiative as to the manner in which the services are delivered.

See also:

• The importance of a good contract

Items indicated with ‘M’ are available only to PCG members and require login. The other contracts are publicly available, click on the links to download.

Working directly with a client

A05-10 Direct service provider-client agreement - Draft contract between contractor business and client, with explanatory notes

A05-11 Terms and conditions - Draft standard terms and conditions, suitable for appending to quotations to direct clients for small pieces of work

Confidentiality agreement

A05-20 Mutual secrecy agreement - Draft mutual confidentiality or non-disclosure agreement

Working through REC agencies

Working through an agency

The following documents and contract templates are free of charge.

A05-01 Service provider-agency agreement - Draft contract between contractor business and agency, with explanatory notes and sample opt-out letter

A05-02 Agency-client agreement - Draft contract between agency and client, with explanatory notes

A05-03 Schedule to agreements between agency - client and supplier-agency - Draft schedule to both the above contracts

A05-04 PCG agency contract terms - edition 8 - general notes - General notes about agency contract terms

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