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4 reasons why the contract for services is crucial for freelancers

As a self-employed professional, a good contract for services is indispensable. A handshake and trust are not enough: a written contract provides proof, regulates payment and liability, and helps prevent bogus self-employment, which the Tax Authorities closely monitor....

Published on February 12, 2022 by MKBjuristen.nl
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As a self-employed professional, a good contract for services is indispensable. A handshake and trust are not enough: a written contract provides proof, regulates payment and liability, and helps prevent bogus self-employment, which the Tax Authorities closely monitor.

1. Proof of the agreements

Trust is wonderful, but if things go wrong, it is of little use. A written contract for services sets out what you do, at what price, and under what conditions. This allows you to prove your agreements and prevents disputes about exactly what was agreed upon.

2. Security for payment

The agreement governs your rate, the payment term, and what happens in the event of late payment. With clear agreements — and a reference to your general terms and conditions — you are in a stronger position in the event of non-payment and can pass on interest and collection costs.

3. Limitation of your liability

If something goes wrong, you do not want to be held liable without limit. In the contract for services and your terms and conditions, you limit your liability within legal limits. Without these agreements, you fall back on the statutory standard, which often turns out to be less favorable.

4. Prevention of bogus self-employment

The Tax and Customs Administration scrutinizes long-term assignments where there appears to be actual employment (a hierarchical relationship, personal work, wages). If your assignment is deemed an employment relationship, additional tax assessments will follow for the client as well as consequences for you. A sound agreement — and especially a working method suited to self-employment — helps to mitigate that risk.

Frequently Asked Questions

Is a verbal assignment valid?

Often yes, but difficult to prove. A written contract for services is much stronger and prevents disputes.

What is bogus self-employment?

The situation in which an assignment effectively constitutes an employment relationship. The Tax and Customs Administration monitors this; the consequences are additional tax assessments and reclassification.

Does a contract fully protect me against reclassification?

It is not only the contract that counts, but also the actual working method. Ensure that both are compatible with self-employment.

A strong contract for freelancers?

Our legal experts draft your contract for services and general terms and conditions for freelancers . View our employment lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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