Do you know your freelance rights? Freelancers are independent workers with some rights that protect clients from controlling their behavior and finances. The freelancer can object if the employer tries to control them, and they can inform the client that there is a difference between an employee and an independent worker, which the IRS and Department of Labor acknowledge. Even if the employer has signed an agreement with the freelancer, the freelancer will retain his rights. Freelancers who are unsure about their status or wish to claim that they are employees should contact an attorney. All rules are listed on the IRS website.
Freelancers rights
– Freelancers can work wherever they want; they are not required to work at the client’s office for some hours. However, the freelancer may have to attend meetings, events or make presentations as specified in the contract
– Freelancers can work whenever they wish; the client cannot stipulate that he works for a specific number of hours in a day or control the schedule
Since freelancers are hired for their existing skills, they decide how they will complete the work assigned, the steps taken, and the equipment that will be used. The client will not train the freelancer, though they may provide guidelines for the job and indicate what they expect. The client will not control the work process.
– Freelancers can take additional clients if they wish to. Freelancers can market themselves to prospective clients and get more orders; the client cannot prevent the freelancer from working for a competitor. The client may specify that the details of the work done by the freelancer for them are not discussed with others by having them sign a non-disclosure agreement.
– The freelance work may be subcontracted to others without informing the client. Suppose the freelancer has many orders or feels that another freelancer may complete some part of the project better. In that case, he can subcontract part of the order to another freelancer. The client can specify the end product and its quality, but the freelancer will not identify the process he used.
Other rights specified in the contract
Intellectual property rights: The freelancer should always grant the client the least possible rights to intellectual property (IP) since IP may be profitable in the future. Contracts that specify that the freelancer should give up all rights for the future should be avoided.
The freelancer contract should specify how much he should be paid, either hourly or for the project, and when the payment is due or the payment schedule. Specifying a late fee, usually 1.5% interest, can help ensure prompt payment.
– The freelancer should also specify the contract’s kill fee or early termination fee. This is the amount that the client will have to pay the freelancer if they terminate the contract early. It is a very effective way to protect freelancers from clients who cancel projects or change their requirements.
– Freelancers have the right to offer a reasonable number of revisions for free and then charge for each additional revision. It is not advisable to spend more time, the effort for only a few clients, the effort will depend on how much they pay.
After leaving Wells Fargo Bank in 2014, Daniel began a career as a finance consultant, advising companies and individuals on economic policy, labor relations, and financial management.
At Nimblefreelancer.com, Daniel writes about personal finance topics, value estimation, budgeting strategies, retirement planning, and portfolio diversification.
Read more on Daniel Smith's biography page.
Contact Daniel: daniel@nimblefreelancer.com
