Before you draft
Agree the essentials in writing first, usually in the offer: role, outcomes, hours, monthly pay, currency, payment method, start date and notice. The agreement then turns them into terms. Start from a template your contractor platform or adviser provides rather than writing one from scratch, and have it reviewed for the law that will apply.
If you pay through Deel, the platform provides contract templates; with Wise or Payoneer you bring your own. See how to pay international contractors for the differences.
The checklist
- Parties: your company's legal name and address; the contractor's full legal name, address and tax number, as on their documents.
- Services: what the contractor will do, written as outcomes, and how changes to the scope are agreed.
- Term and start date: open-ended or fixed, and any initial trial period with its own notice.
- Availability: core hours in both time zones, response times, and how absences are announced.
- Fees: the monthly amount or rate, currency, how extra hours are handled, and the date of the pay review.
- Invoicing and payment: when the contractor invoices, how many days you have to pay, the method and who covers transfer fees.
- Time off and public holidays: paid or unpaid days, the notice needed, and which public holidays apply.
- Equipment and expenses: whose laptop and software, and which expenses you reimburse with prior approval.
- Confidentiality: what counts as confidential, and that the duty continues after the end.
- Data protection: how the contractor handles personal data of your customers and staff; for EU data, the terms your adviser requires.
- Intellectual property: that work created for you belongs to you once paid for, including documents, templates and code.
- Status: that the contractor is independent and responsible for their own taxes and registration.
- Termination: notice on both sides, termination for serious breach, the final invoice, return of materials and removal of access.
- Law and disputes: which country's law applies and how disputes are resolved.
The clauses that cause most disputes
Payment timing
Late payment damages trust faster than almost anything else. Write a payment date you can always keep, not an ambitious one.
Hours
“Available during business hours” means different things in different time zones. Write the hours in both, with the time zone names, and say what happens when the clocks change.
Notice
Equal notice on both sides is fairer and easier to live with. Agree what happens to work in progress and the handover during the notice period.
Ownership of work
Templates, saved replies, process documents and spreadsheets the contractor builds for you are part of your business. Make sure the agreement says so, and that no copies stay with the contractor after the end.
Data, access and confidentiality
A remote assistant or support agent sees customer data, contracts and sometimes finances. The agreement should match how you give access: through accounts you own and can remove, with a password manager, never through the contractor's personal accounts.
EU companies should also read our guide on GDPR and remote staff access; for the practical side, see security and access for remote staff.
A one-page summary for both sides
Long agreements are rarely reread. Attach a plain summary that both of you can check in a minute; if the summary and the agreement ever disagree, fix the agreement.
Agreement summary
Services: [outcomes, three to five lines]
Hours: [hours] [contractor's time zone] = [hours] [your time zone], [days of the week]
Fee: [amount] [currency] a month, invoiced on [day], paid within [days] via [method]; sending fees paid by [who]
Time off: [paid days], [public holidays], notice of [weeks]
Trial: [length], notice during the trial [days]; after the trial [weeks]
Review: pay and scope reviewed on [date]
Contacts: [your name], [contractor's name], emergency contact [name]
Signing, storing and reviewing
- Sign electronically, through your contractor platform or an e-signature tool; both sides keep a copy.
- Store the signed agreement with the invoices, in one folder per contractor.
- Update it when the scope, hours or pay change, not only at renewal; a short amendment is enough.
- Read it again before the first pay review and whenever the role grows.
If you hired through Silkstaff, keep the role, hours and pay agreed at the placement, because they are part of the replacement promise. Silkstaff replaces the person free of charge if they leave or do not work out within 180[1] days of the start date: one replacement per placement, once the placement fee has been paid and as long as the role, hours and pay stay as agreed. The fee itself is not refunded.
Questions
Do I need a lawyer for a contractor agreement?
For a first agreement in a new country, having it reviewed once is worth the cost; after that you can reuse the template. This checklist is general information, not legal advice.
Which country's law should apply?
Many agreements choose the law of the client's country, but the contractor's local law may still apply to some questions. Ask your adviser before you choose.
Should I include a non-compete?
Restrictions on future work are treated very differently from country to country and may not be enforceable. A confidentiality clause and a ban on approaching your clients are often more useful; ask your adviser what is allowed.
Can a contractor agreement include a trial period?
Yes, many agreements include an initial period with shorter notice. Our trial period guide covers the goals and the reviews.
General information for small employers, not legal or tax advice: check contracts, tax and data rules for your country with a qualified adviser. Figures carry their sources below; our own prices are on the pricing page. Spotted a mistake? Write to hello@silkstaff.com.