Drawing up your first commercial contract for services as a freelance recruiter: tips and best practices

As a freelance recruiter, drawing up your first commercial contract for services is a crucial step. You don't want to make a mistake, you don't want to be taken for a ride when you first recruit, it wouldn't be the most practical way to get started. This document formalizes your relationship with your customers and ensures that your rights, and those of your customers, are protected. Here's a guide to help you draw up a clear, complete and compliant contract to get you started:

Mistakes to avoid

1. Imprecise terms: Be precise in defining the services offered and expectations. Include figures, dates and anything else you feel is important: even if we prefer them short, there can never be too many lines in a contract.
2. Non-compliance with legal standards: Make sure the contract complies with the laws governing your freelance status and sole proprietorship.
3. Omission of crucial clauses: Clauses such as termination or non-competition are essential to protect you, and may not be the first to come to mind. Forexample, what happens if you are contacted by a candidate working for a client company? You can choose not to follow up to avoid any problems, or you can make things clear right away in your contract and with your customers to avoid any disappointment.

A word of advice → it's better to talk about potential problem situations beforehand than when they happen, then everyone is much more objective :)

Mandatory sections of a commercial contract

• Identification of parties: Names and status (freelance, micro-entrepreneur, etc.). Define the parties involved in the contract. You'll easily find sample wording on the Internet
• Description of services: Precise details of the services offered. Explain where the relationship with your customer begins and ends, your role, etc.
• Payment terms: Rates, payment terms and deadlines, late payment penalties, etc.
• Contract duration: start and end dates, as well as renewal conditions. As mentioned above, when you're focused on setting up a contract, you don't think enough about the aftermath.
• Obligations and responsibilities: What is expected of each party, including risk prevention aspects. Are there any duties to which each party must adhere?
• Specific clauses: Confidentiality of transmitted profiles, non-competition, termination of contract, etc.
• Party signature: to store, secure and simplify your contract management, we recommend you opt for a digital signature solution like Yousign (unsponsored article, but we like them and they're 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 portfolio when you delegate a service or employ someone.
• Contract termination: Defines the conditions and process for early termination. Often linked to non-compliance with contractual obligations or clauses: what events will entitle you to terminate a contract?
• Penalties: Specifies the consequences in the event of non-compliance with the terms of the contract, e.g. if the profile sent is distributed to other companies, are fees due?

Tips for a Balanced Contract

• Clarity and simplicity: Use clear language and avoid complex legal jargon: avoid using other people's words that you don't understand. If it's clear to you, chances are it's also clear to your customers.
• Customization: Adapt the contract to each customer and specific situation. It's essential to have a "model" document so that you don't have to draw up a contract for every new customer, but we advise you to adapt your contracts to your customers, or at least to find compromises. Your customers will be all the more satisfied!
• Flexibility: It's better to have a firm contract and a flexible attitude in the event of a dispute, than to try to have a firm attitude with an overly flexible contract.
• Legal review: Have your contract reviewed by a professional to ensure its conformity.

Conclusion

Drawing up your first business contract as a freelance 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 laying the foundations for a successful collaboration. Take the time to draft it well, have it proofread and compared, and don't hesitate to seek legal advice to ensure its soundness and conformity.

‍