Write your first commercial contract for services as an independent independent recruiter: advice and good practices

As an independent independent recruiter, writing your first commercial contract for services is a crucial step. We don't want to make mistakes, we don't want to be fooled from the first recruitment, it would not be the most practical way to start. This document formalizes your relationship with your customers and ensures the protection of your rights as well as those of your customers. Here is a guide to help you write a clear, complete and compliant contract to help you get started:

Errors to avoid

1. Increased terms: be precise in the definition of services offered and expectations. Crow, dates, define everything that seems important to you: even if you prefer short, there are never too many lines in a contract.
2. Failure to comply with legal standards: Make sure that the contract complies with laws relating to your freelance status and individual enterprise.
3. Omission of crucial clauses: clauses like those of termination of the contract or non-competition are essential to protect you and are not necessarily those of which we think first. Think about the launch of your relationship with your customers, but also after. Example : What happens if a candidate working in a client company contact you? You can choose not to follow up to avoid any problem or to put things right away in your contract and with your customers to avoid any disappointments.

Advice → It is better to talk about potential problematic situations beforehand than when they arrive, everyone is much more objective :)

Compulsory sections of a commercial contract

• Identification of the parties: names and statutes (freelance, micro-entrepreneur, etc.). Define the stakeholders in the contract. You will easily find formulation models on the internet
• Description of services: precise detail of the services offered. Explain where the relationship with your customer begins and where it stops, your role, etc.
• Payment methods: prices, conditions and payment deadlines, and penalties in the event of delay, etc.
• Duration of the contract: start and end date, as well as the renewal conditions. We talked about it above, when we are focused on setting up a contract, we don't think enough about the after contract.
• Obligations and responsibilities: which is expected of each party, including risk prevention aspects. Are there any homework to be held?
• Specific clauses: confidentiality on the profiles transmitted, non-competition, termination of contract, etc.
• Signature of the parties: In order to store, secure and simplify your contract management, we advise you to opt for a digital signature solution like Yousign (not-sponsored article but we like them and it is made in France;))))

Focus on important clauses

• Non-competition clause: protects your commercial interests without being excessively restrictive. This clause is especially important to protect your customer wallet when delegating a service or employing a person.
• Termination of the contract: Defines the conditions and process of early termination. Often in connection with non-compliance with the obligations or clause of the contract: what are the events that will authorize you to end a contract?
• Sanctions: specifies the consequences in the event of non-compliance with the terms of the contract. Example: In the event of dissemination to other companies in the sent profile, are the fees due?

Advice for a balanced contract

• Clarity and simplicity: Use clear language and avoid the complex legal jargon: avoid using the words of others that you do not understand. If it is clear for you, there is a good chance that it will also be for your customers.
• Personalization: Adapt the contract to each customer and specific situation. It is necessary to have a “model” document so as not to have to write a contract to each new customer but we advise you to adapt your contracts to your customers or at least find compromises. Your customers will be all the more satisfied!
• Flexibility: Better to have a firm contract and a flexible attitude in the event of a dispute, than trying to have a firm attitude with an overly flexible contract.
• Legal review: have your contract reread by a professional to ensure its compliance.

Conclusion

The drafting of your first commercial contract as an independent independent recruiter is a key moment that defines the framework of your future professional relationships. A well -written contract protects you and reassures your customers, while placing the foundations of a successful collaboration. Take the time to write it well, have it reread, compare it and do not hesitate to request legal advice to guarantee its solidity and conformity.

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