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What is a Freelancer Agreement?

A Freelancer Agreement is an agreement that an organisation/employer enters into with the freelancer hired by them. This agreement governs the relationship between the freelancer and the employer and it enumerates various terms of their relationship, such as deliverables, timelines, compensation, roles and responsibilities, etc. It is pertinent to enter into an Freelancer Agreement, in order to define the scope of work for the freelancer and to restrict him/her with the obligations such as confidentiality, exclusivity, indemnification and non-competition.

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Contents of a Freelancer Agreement

A well drafted Freelancer Agreement addresses the following:

What is the job description and what are the duties of the freelancer?
What is deliverable expected/required from the freelancer?
What is the compensation structure?
What is the term of engagement? Is there any lock-in period?
Is there an exclusivity required t be offered by the freelancer?
Are there any leave entitlements?
How can the engagement be terminated? What is the notice period?
How would the intellectual property in the work done by the freelancerduring the course of his/her arrangement be treated?
Is there any non-compete and non-solicit restriction?

Laws governing the Freelancer Agreement in India

The different laws which govern various aspects of Freelancer Agreement in India are as follows:

The Indian Contract Act, 1872
Shops & Commercial Establishment Act (State-wise)
Industrial Relations Code, 2020
Code on Social Security, 2020
Code on Wages, 2019
Arbitration and Conciliation Act, 1996
Copyright Act, 1957
The Trademarks Act, 1999
Patent Act, 1970
Design Act, 2000

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Frequently Asked Question

A freelancer is not an employee of the organisation. He/she is normally a professional who is offering services as per the scope of her/his assignment. As an employee, one is bound by the rules of the organisation concerning employment, such as leave, attendance and working conditions. This is not the case in case of a freelancer. As per labour laws of India, "Freelancer" position also does not entitle the person to the legal rights of the employment nor entitles him to the rights of an employee (such as PF, gratuity etc).

There are certain benefits that an organisation enjoys when it hires a person as a freelancer, rather than an employee. Some of those benefits include:- ● The organisation is not bound to comply with labour laws related to an employee's PF, Gratuity and other terminal benefits on retirement or resignation. ● You can discuss deliverables with the freelancer you plan to hire and only pay on completion of the task. ● Since freelancer are not technically employees of your company, it gives your greater flexibility to control the conditions of their work and remuneration. ● Again, since freelancers aren't technically employees, your company does not bear full responsibility for their actions on the job. ● The organization has to ensure lesser compliances in terms of freelancer, than what it has to do in case of employees.

A Freelancer Agreement provides clarity to both the parties, i.e. an employer and the freelancer, as to the exact expectations of the job, compensation structure, deliverables, timelines, termination mechanism, besides other important terms. This kind of clarity helps to prevent disputes between the parties, and if in case there is a dispute, the Freelancer Agreement acts as an evidence of the arrangement mutually agreed to between both the parties.

No, it is not mandatory. However, even though there is no law that mandates it, it is however very important to enter into such an agreement, in order to provide clarity to the both the parties as to the exact expectations of the job, compensation, deliverables, timelines, termination mechanism, besides other important terms. This kind of clarity helps to prevent disputes between the parties, and if in case there is a dispute, the Freelancer Agreement acts as an evidence of employment arrangement agreed to between both the parties.

What our users have to say

We hired freelancers for design work, but there was confusion over revisions and delivery timelines. Lawyaar drafted a Freelancer Agreement clearly defining scope, milestones, and revision limits. It made project execution smooth.

Rohan Malhotra, Gurugram

A freelancer stopped responding midway, and we had no written contract. Lawyaar created a Freelancer Agreement with termination and handover clauses. It helped us avoid similar risks in future engagements.

Pooja Shah, Ahmedabad

We were worried about freelancers reusing our content elsewhere. Lawyaar included confidentiality and IP ownership clauses in the Freelancer Agreement. It secured all creative output for our business.

Neeraj Kulkarni, Pune

Our finance team needed clarity on freelancer payments and taxes. Lawyaar drafted a Freelancer Agreement clearly distinguishing independent contractor status and payment terms. It reduced compliance confusion.

Karthik Iyer, Chennai

We were onboarding multiple freelancers remotely and needed a standard contract. Lawyaar delivered a reusable Freelancer Agreement template tailored to our operations. It saved time and legal costs

Ananya Roy, Kolkata

A freelancer demanded additional payment beyond agreed work. Lawyaar drafted a Freelancer Agreement with a clear scope and change-request process. It protected us from scope creep.

Sandeep Verma, Meerut

We were concerned about freelancers poaching our clients. Lawyaar included non-solicitation clauses in the Freelancer Agreement. It safeguarded our customer relationships.

Imran Khan, Bhopal

During an audit, we were asked to justify freelancer engagements legally. Lawyaar drafted a compliant Freelancer Agreement clarifying non-employment status. It helped us clear the audit.

Sunita Deshpande, Akola

We needed flexibility to pause or end freelance work quickly. Lawyaar included short notice termination clauses in the Freelancer Agreement. It gave us operational flexibility.

Abhishek Jain, Kota

Our startup was scaling fast and working with global freelancers. Lawyaar drafted a Freelancer Agreement with jurisdiction and dispute resolution clauses suitable for cross-border work. It gave us legal clarity.

Zaid Ahmed, Nagpur

Agreements & Contracts

Freelancer Agreement

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Detailed discusion with an expert Lawyer to understand your requirements( 45 min shall be credited in your account)
Freelancer Agreement for your Startup will be drafted to suit your specfic requirements.
Delivery of the tailormade agreement for your organisation in just 3 days.

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What is a Freelancer Agreement?

How It Works

Choose your required Document & pay

Fill required details

Schedule Call with Lawyer

Delivery of your Document

Contents of a Freelancer Agreement

Laws governing the Freelancer Agreement in India

Why Lawyaar?

Frequently Asked Question

What is the difference between a freelancer and an employee?

What are some of the benefits for an organisation of hiring a Freelancer over an Employee?

What is the importance of a Freelancer Agreement?

Is it mandatory for me to enter into a Freelancer Agreement with my freelancers?

What our users have to say

Rohan Malhotra, Gurugram

Pooja Shah, Ahmedabad

Neeraj Kulkarni, Pune

Karthik Iyer, Chennai

Ananya Roy, Kolkata

Sandeep Verma, Meerut

Imran Khan, Bhopal

Sunita Deshpande, Akola

Abhishek Jain, Kota

Zaid Ahmed, Nagpur

Agreements & Contracts

Freelancer Agreement

₹4499

Deliverables *

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