Challenges for clients
Companies are often ambivalent about hiring freelancers. On the one hand, there is a great need for flexibility, specialist knowledge and the deployment of capacity according to need, on the other hand people are aware of the financial risks in the field of tax and employment law. These risks do not disappear once the contract with the independent contractor is terminated. It is precisely afterwards that the client may have to deal with the tax authorities and the labor court.
Access to trade secrets and personal data
A independent contractor usually has access to personal data and trade secrets when carrying out an assignment. Trade secrets are knowledge and information within a company that is sensitive to competition and of strategic value. Companies are increasingly aware of the need to protect their own trade secrets and personal data. This requires agreements such as a confidentiality agreement, or measures to protect trade secrets.
Companies want to arrange the hiring of a freelancer properly. We have developed the smart contracting application for this, including legal models and legal support, especially for the self-employed market. Using the MYOBI trust network, the corporate legal function is effectively organized in this way.
For hiring a self-employed person, this looks like this:
- A company-specific contract library ‘self-empoyee’ is available, which can be made company-specific by our legal professionals if desired;
- The contract library self employee includes scripts so that parties can go through the right steps in the contracting process. The contracts and scenarios are formulated in such a way that tax and employment risks are taken into account, which means that they are significantly reduced;
- The MYOBI trust network is used for the application of smart contracting, companies register as a user;
- Each user of the trust network has access to its own information ecosystem and its own company-specific learning environment;
- Various awareness and training programs are available in the learning environment to train employees, such as the independent contractor awareness and training program and the data protection awareness program; and
- The company has access to a functional and business knowledge base, webinars, blogs and a service desk to organize reputation management, knowledge and change management and corporate legal function.
On request, the company can make use of our legal services on demand (“legal support“).
Knowing freelancers in the information ecosystem on the trust network gives a company more certainty about the reliability of the entrepreneurship of the freelancer. The self-employed can emphasize this certainty by keeping their own company and personal data up to date and by issuing a self-declaration. The freelancer uses the information ecosystem and smart contracting for this.
The client emphasizes the freelance relationship with the help of:
- Including the self-employed in the information ecosystem of the company; and
- Proof that the self-employed person has followed the awareness and training programs independent contractor.
The company and personal data also provide the basis for the effective and cost-efficient organization of new contracts for services.
See white paper: “Hiring a freelancer well organized?!”