Freelancers and recruitment agencies: a perfect match

An intermediary agency matches freelancers with clients, whereby the freelancer enters into a contract directly with the client and also has an intermediary agreement with the agency. This offers more assignments and less searching, but beware of the pitfalls: a margin for the agency, a potential non-compete clause that restricts your freedom, and your own responsibility for quality and risk. Therefore, never sign these contracts without careful consideration. Below, you can read how intermediation works and what to look out for.

What does a mediation agency for freelancers do?

More and more companies are relying on freelancers, while the tight labor market makes it difficult to find good independent professionals. Recruitment agencies bridge that gap: as intermediaries , they connect independent professionals with companies that need expertise on a temporary or project basis.

For the freelancer, this offers access to more assignments — sometimes with preferred suppliers they would otherwise not easily get into — and less administrative hassle. For the client, it is a quick way to bring in the right expertise.

Secondment versus mediation: what is the difference?

confuse mediation with secondment:

• Secondment: you become employed by the agency. This offers stability, a guaranteed income, and pension accrual, but comes at the cost of freedom and the benefits of self-employment.
• Mediation: you conclude a contract directly with the client and remain independent. This offers freedom and entrepreneurial benefits, but places higher demands on your independence and entrepreneurship.

Which form suits you depends on your need for security versus freedom. Carefully weigh the pros and cons beforehand.

What should you look out for during mediation?

In mediation, you deal with two contracts, each with its own points of attention.

The contract with the client

In this, you agree on the remuneration, usually based on hours worked. As a self-employed professional, you are personally responsible for the quality of the work and also bear risk in other areas. Therefore, make clear agreements regarding the execution and situations in which the work cannot be performed, for example in the event of force majeure.

The mediation agreement with the agency

This states, among other things, that you relinquish a margin to the intermediary. Pay close attention to any non -compete clause: this is not uncommon and can severely restrict your freedom, for example by prohibiting you from working directly for the same client. Assess whether such a clause is reasonable and whether its duration and scope are acceptable.

Also watch out for bogus self-employment

In mediation, you remain independent; therefore, the collaboration must not constitute a disguised employment relationship in practice. The assessment of bogus self-employment and its enforcement are receiving considerable attention and are changing; ensure that the actual working relationship aligns with genuine entrepreneurship.

Frequently asked questions about mediation for freelancers

May an intermediary agency impose a non-compete clause?

That is possible, but an overly broad clause can be unreasonable. There is more contractual freedom between entrepreneurs than in an employment relationship, but a clause that disproportionately restricts you can be challenged or limited. Have it assessed before you sign.

Who is liable if the work is not done properly?

In the case of mediation, you, as a self-employed professional, are in principle personally responsible for the quality and liable to the client. The agency only acts as an intermediary. Clear agreements regarding liability and appropriate insurance are therefore important.

Do I have to just sign the contracts offered?

No. Often, contracts are used that have been drafted by the agency or the client to their advantage. Have them checked and, where necessary, negotiate regarding unreasonable clauses.

Have mediation contracts checked

Mediation is interesting, but it stands or falls with sound agreements that do not unnecessarily restrict your freedom. The legal experts at MKB Juristen review your mediation and assignment contracts, advise on alternatives such as secondment, and thereby limit your risks. View our expertise in contract law or schedule a no-obligation intake.