Drafting a self-employed professional agreement

A ZZP agreement is usually a contract for services between a self-employed person without employees and a client. In practice, the terms ZZP contract, ZZP agreement , and contract for services for a self-employed person are often used interchangeably. Legally, it concerns the contractual basis for the collaboration: which assignment is performed, at what rate, with what responsibilities, and under what conditions.

The most important thing is that the agreement aligns with the actual collaboration. Simply stating that someone works independently is not enough if the practice resembles employment. Therefore, when drafting a self-employment agreement, we look not only at the text but also at independence, instructions, integration, substitution, entrepreneurial risk, liability, payment, and termination.

MKB Juristen drafts self-employment agreements for clients and independent professionals. We ensure that the agreements are legally clear and that the document aligns with how the parties collaborate in practice.

You need a self-employed professional agreement when a client has work performed by a self-employed person, without the parties wishing to enter into an employment contract. This applies, for example, to temporary projects, specialist assignments, interim work, consultancy, software development, marketing, construction, engineering, or other business services.

The agreement is particularly important if you want clarity in advance regarding the assignment, the rate, additional work, liability, confidentiality, intellectual property, termination, and the independent position of the contractor. A good agreement also helps to structure the collaboration professionally and prevent disputes afterwards.

A good self-employed professional agreement contains more than just the names of the parties and the hourly rate. The content depends on the assignment, industry, and actual collaboration. In many cases, we assess or arrange, among other things:

• the description of the assignment and the desired result;
• the independent execution of the work;
• the absence of a hierarchical relationship such as with employees;
• rate, invoicing, payment term and VAT;
• additional work and modification of the assignment;
• liability, insurance and rectification of errors;
• confidentiality and handling of business information;
• intellectual property on reports, designs, software, texts or other results;
• replacement by another self-employed person;
• term, termination and early termination;
• privacy and processing of personal data;
• applicable terms and conditions and conflict resolution.

The necessary provisions vary depending on the situation. A self-employed agreement for software development requires different provisions than an agreement for interim management, construction work, or creative services.

A self-employment agreement can help to properly document the collaboration, but it does not automatically prevent bogus self-employment. Practice must correspond to what is stated in the contract. If a self-employed professional effectively works as an employee—for example, through daily supervision, fixed schedules, evaluation as staff, or strong integration into the organization—disputes regarding the employment relationship may still arise.

Therefore, when drafting a self-employment agreement, we pay attention to questions such as:

• Is the assignment concrete and clearly defined enough?
• Does the self-employed professional decide how the work is carried out?
• Does the management focus on results or on day-to-day management?
• Does the self-employed professional also work for other clients?
• Can the self-employed person be replaced?
• Does the self-employed person bear entrepreneurial risk?
• Do the duration and working method suit an independent assignment?
• Do invoices, emails, work agreements, and execution align with the contract?

We therefore formulate the agreement not only from a legal perspective, but also pay attention to its practical use. That is more important than a model text that is not followed in practice.

The legal basis is often the contract for services, but the points of attention vary significantly by sector. In IT and software, it often concerns intellectual property, source code, licenses, support, data, and liability. In construction and engineering , safety, planning, materials, delivery, repair, and insurance play a larger role.

In healthcare and welfare , professional rules, privacy, patient data, schedules, and responsibilities can be important. In marketing, communication, and creative services, it often concerns copyright, usage rights, campaigns, revision rounds, and delivery deadlines. In interim management and consultancy, the boundary between independent advice and actual management within the organization is particularly relevant.

Therefore, we do not work with a single standard freelance contract for every sector. We tailor the agreement to the type of assignment, the role of the freelancer, the risk for the client, and the way in which the parties actually collaborate.

A model agreement can be a useful starting point, but it does not constitute automatic immunity. The client and the contractor remain jointly responsible for assessing their employment relationship. Even when using a model, the actual execution must correspond to the agreements.

A customized self-employed professional agreement is particularly advisable if the assignment deviates from a standard model, involves long-term commitment, on-site work, specialized activities, intellectual property, confidential information, liability risks, or doubts about independence. In those situations, it is important that the agreement aligns precisely with the practice.

Do you already have a self-employed professional agreement or a model agreement? If so, we can check whether the document still aligns with the assignment and the current way of working together. In doing so, we examine, among other things, the assignment description, independence, hierarchical relationship, integration, substitution, rate, additional work, liability, intellectual property, confidentiality, duration, and termination.

We also assess whether the agreement aligns logically with practice. A text may appear legally sound but still pose a risk if the client and the self-employed professional work differently than stated in the document.

After a brief intake, we discuss the assignment, the role of the freelancer, the client's working methods, and the key risks. We then draft a customized freelance agreement or review your existing document. Where necessary, we also provide practical points to consider regarding the use of the agreement in quotations, order confirmations, invoices, and daily collaboration.

You will receive a clear document tailored to your situation, with agreements regarding the assignment, independence, rates, liability, confidentiality, intellectual property, additional work, and termination. This way, you have not only a contract, but also a better-structured collaboration process.