• Ioannis Pirigkos
  • firma.de team member
  • firma.de team member

Freelancer contract.

A partner law firm drafts your freelancer contract, with rights of use and a clear distinction from employment, at a fixed price.

  • Tailored by a partner law firm
  • Rights of use and a clear distinction from employment
  • Fixed price from €400 plus VAT

Legal advice is provided by an independent partner law firm. firma.de does not provide legal advice itself.

Three packages for your contract

  • Basic

    For your first contract with a freelancer.

    €400plus VAT

    • Phone consultation with the firm, up to 30 minutes
    • Individual contract draft, up to 1 hour
    • Provisions on rights of use
    • Law firm liability up to €1 million
    Enquire now
  • Plus

    When the freelancer gets an insight into internal matters.

    €750plus VAT

    • Everything in Basic
    • Round of revisions by phone, up to 1 hour
    • Confidentiality clause in the contract
    Enquire now
  • Pro

    When you share details before the project starts.

    €950plus VAT

    • Everything in Plus
    • Second round of revisions, up to 1 hour
    • Separate NDA, with or without a contractual penalty
    Enquire now

What matters in a freelancer contract

  • § 7 SGB IV

    False self-employment (Scheinselbstständigkeit)

    Fixed working hours, instructions and integration into the team turn freelancers into employees. Back payments are then due.

  • § 7a SGB IV

    Status determination

    If in doubt, the Deutsche Rentenversicherung determines the status bindingly, ideally before the project starts.

  • § 31 UrhG

    Rights of use

    Without a clear provision, you only get the rights the purpose of the contract strictly requires. The contract sets out what you may use.

  • § 12a TVG

    Economic dependence

    If a freelancer earns most of their income from you, they may count as similar to an employee and, for example, claim holiday.

  • Confidentiality

    Confidentiality and NDA

    Freelancers often see deep into your company. A clause or an NDA protects you, with a contractual penalty if you wish.

  • Fees

    Fees and invoicing

    Hourly rate or flat fee, milestones and payment terms. Clearly agreed, there is no dispute later.

How your contract is drafted

  1. 1

    Initial call

    Book a free initial call above and choose your package.

  2. 2

    Questionnaire

    You answer a few questions about the project, the freelancer and the fee.

  3. 3

    Advice and draft

    The firm discusses the content with you and drafts the contract.

  4. 4

    Revisions and signing

    With Plus and Pro, the firm incorporates your changes. Then the contract is signed.

    A freelancer yourself? Get the starter kit

Trustpilot

4.6

out of 5

Integrations

DATEVELSTER

Export and filing

As seen in

Forbest3nGründerszene

Official

Qonto

Partner

The partner founders trust

Company formation, registrations and ongoing bookkeeping in one place. Anything that requires a licence is handled by notaries and tax advisors from our partner network.

What founders say

What you can rely on

  • ELSTER

    ELSTER

    VAT returns and annual accounts go straight to the tax office via the ELSTER interface.

  • DATEV

    DATEV

    Bookings and receipts are ready in DATEV format – your tax firm keeps working as usual.

  • 4.6

    Top-rated

    4.6 out of 5 on Trustpilot. Rated by founders who have actually used firma.de.

  • Made in Germany

    Developed in Germany, servers in the EU, GDPR-compliant. Anything that requires a licence comes from tax advisors and notaries.

Frequently asked questions about the freelancer contract

What is a freelancer contract?

The contract with a freelancer, usually a service contract or a contract for work. Freelancers work independently, are free to choose when, where and how they work, and are not part of your team.

Does the contract have to be in writing?

Not by law, but it is strongly recommended. Only a written contract documents the work and the fee, sets out the rights of use and clearly distinguishes the collaboration from employment.

What are the consequences of false self-employment (Scheinselbstständigkeit)?

You have to pay social security contributions and wage tax retrospectively, for up to four years, longer in cases of intent. Under certain circumstances, the freelancer can sue for permanent employment. In the worst case, it is a criminal offence.

Is a good contract enough to avoid false self-employment?

No. The collaboration also has to work that way in practice: no fixed working hours, no integration into your team, ideally several clients. If in doubt, a status determination by the Deutsche Rentenversicherung (German pension insurance) helps.

Confidentiality clause or NDA?

The confidentiality clause in the contract applies from the moment the contract is signed. The freelancer signs a separate NDA earlier, before you share details of the project.

How much does the freelancer contract cost?

Basic €400, Plus €750, Pro €950, each plus VAT at a fixed price.

Who drafts the contract?

An independent partner law firm for contract law. firma.de arranges it but does not provide legal advice itself.