Recruitment of a freelancer is carried out by companies for various reasons such as increased occasional activity, lack of internal resources, recruitment difficulties.
Recruiting a freelancer is a good way for a company to acquire new skills to carry out projects.
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| How to hire a freelancer |
What is a freelance worker?
The status of the freelancer is not legally defined, it is a hybrid worker whose status may vary
Definition
Freelancing means working as an “independent worker”.
This is a person who is simultaneously an entrepreneur, an owner and his own employee.
It is not a legal status in itself. The freelancer has the choice between several statuses.
Generally, IEs (sole proprietorships) and the micro-enterprise regime are often preferred by the self-employed for their tax simplicity and flexibility.
The freelancer is affiliated to the self-employed scheme for his social protection.
How to become a freelancer?
The future freelance worker will have to go through several stages before acquiring this status:
- Obtain information on the French freelancing market;
- Choose the best legal status to develop your business;
- Carry out a market study;
- Establish a business plan;
- Prospecting and communicating;
- Arrange your workplace.
In order to become a freelancer, you must register with the Trade and Companies Register (RCS). At the end, he will be able to invoice his customers.
Recruitment applies to employees hired by an employment contract (CDI, CDD).
Knowing that we can also requalify a CDD in CDI.
Freelancers are in fact professionals recruited within the framework of missions framed by a contract for the provision of services (freelance contract).
What are the procedures for recruiting a freelancer?
Recruiting a freelancer involves proceeding methodically in stages.
Writing specifications
A specification is a document that is used to develop a project.
It makes it possible to define the project and to contextualize it in order to allow the freelance candidate to know exactly the nature of the mission which will be entrusted to him.
The notebook also mentions the objectives that he will have to fulfill and the means made available to him to do so. Thus, the freelancer will immediately know what the company expects of him and what strategy to adopt.
It is also essential for the company to define its needs and constraints before creating its projects.
In reality, the specifications must include the following elements:
- Technical requirements: for example a freelance journalist;
- Duration of the freelance mission and its terms (start and end dates, chosen pace, etc.);
- The nature of the tasks to be performed;
- The distribution of work;
- The delivery time of the project to be carried out;
- Freedom of maneuver;
- The expected results.
This list is not exhaustive and shows that the specifications meet a certain formalism.
Set the budget for the freelance mission
The company must precisely set the overall budget for its project and also determine a range of remuneration (maximum and minimum budget) that can be allocated to the freelance service.
The overall budget is set taking into account the rates charged on the market for self-employed workers.
The search for the freelancer
There are several ways to recruit a freelancer:
- Word of mouth: the company communicates its desire to recruit a freelancer to its contacts (partners, suppliers, etc.). This generally makes it possible to recruit a trusted individual;
- The many social networks (including LinkedIn);
- Sites specializing in connecting with freelancers;
- Freelance platforms.
The choice of the best profile for the freelance mission
Once the mission has been detailed and the profile searches have been carried out, the company will proceed with the selection of its freelancer.
In order to recruit the profit most in line with the mission, the company can ask him to detail his skills as follows:
Questions to ask the freelance candidate
- Question n°1 What are your favorite fields?
- Question n°2 What are your different experiences?
- Question n°3 Do you have any references?
- Question n°4 Do you have examples of work carried out?
In some sectors of activity, it is strongly recommended that the freelance candidate take tests.
This makes it quick and easy to assess their skills and assure the company that the freelancer will complete the project.
How to make a freelance contract?
Since the freelance contract is not governed by law, it is important for the parties to insert specific clauses to protect it as well as possible.
A service contract
First of all, it should be noted that the freelance contract has nothing to do with the employment contract of employees (CDD, CDI).
The freelancer is a missioned professional and therefore it will be necessary to carry out a service provision contract also called “freelance contract”.
The contract for the provision of services is governed by article 1710 of the civil code, which also calls it work rental.
This contract is generally an agreement concluded for consideration between two parties: a service provider and its client. It thus creates between them rights and obligations.
Be careful, however, because the freelance contract is not actually regulated by law.
As such, it is advisable to be vigilant in the drafting of the clauses, in order to prevent possible disputes with the customer.
What are the clauses not to be overlooked in the freelance contract?
As the freelance contract is not expressly regulated by law, it is up to the parties to insert clauses in order to protect themselves.
There are a few main ones.
The non-competition clause
It makes it possible to prevent the freelancer from working for competing companies or from creating a competing activity with that of the company which assigns him.
The confidentiality clause
It is inserted into the contract by the employer when the freelancer has access to confidential information.
The goal is to protect information that the company does not wish to make public.
The arbitration clause
It allows recourse to arbitration rather than to the courts in the event of a conflict between the employer and the missionee.
It is also possible to predict which court will have jurisdiction in the event of a dispute.
The objectives clause
This clause can be particularly interesting in the context of a freelance contract because the remuneration is often variable.
It is therefore important to specify by this clause the achievement of the objectives to be achieved.
Thus, the remuneration can be modulated according to the objectives achieved.
The early termination clause
This is to provide in the contract for special circumstances that may terminate the freelance contract.
With this clause, if one of the parties does not fulfill its contractual obligations then the early termination of the contract may take place.
How to pay the freelancer?
The remuneration of the freelancer is not a salary and is not subject to an hourly minimum obligation as is the minimum wage.
It is freely negotiated between the company and the freelance service provider. Its method of payment is also negotiated and set freely by the parties.
It can be fixed or proportional to a result, with or without a bonus.
It is, with some exceptions, subject to VAT.
If the mission of the freelancer is carried out in a foreign country outside the EU, the VAT for the provision of extra-community services will apply differently.
Regarding taxes in the freelance contract, the choice of a BIC or a BNC for a service is a choice that is made according to the type of activity.
How to terminate the freelance contract?
This contract may be for a fixed or indefinite period.
It may also end at the end of the delivery of the service.
It can be terminated at any time if it has been concluded for an indefinite period.
Be careful, however, to respect the notice period provided for contractually, if applicable.
In reality, the terms and effects of termination are provided for by the parties in the contract.
The contract may also provide grounds for termination or the possibility of a transfer of the employment contract.
FAQs How to hire a freelancer
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| FAQs |
1- What liability and insurance for the freelancer?
As an independent service provider, the freelancer has a general contractual and tort liability vis-à-vis the company that assigns him. This in particular in the event of fault or damage caused in the exercise of its mission. It is advisable for the company to require the freelancer to have taken out insurance called Professional RC.
2- Is a self-employed person necessarily a service provider?
The validity of a contract for the provision of services cannot derive solely from the presumption of non-salaried work. It is not because the auto-entrepreneur fulfills the conditions of registration and registration of his activity that he is protected from disguised employment within the framework of his missions.
3- What are the expenses of a freelancer?
The expenses of the freelancer are as follows: mutual health insurance (between 40 and 150€), social contributions (46% of its income), corporate tax (28% of its profits) and finally the property contribution of CFE companies (between 150 and 1,000€).