Freelancer Contract: What Irish Freelancers Need
Why You Need a Contract
Whether you are a freelance designer, developer, writer, or consultant, working without a contract is one of the biggest risks you can take. A contract protects your right to be paid, defines who owns the work, and - critically since the 2023 Karshan Supreme Court decision - establishes that you are genuinely self-employed.
The Karshan Test: Employee or Contractor?
The Supreme Court's Karshan decision introduced a five-step test for determining employment status. Revenue is now actively scrutinising freelancer arrangements, and a reclassification amnesty ran until January 2026. Your contract must be structured to demonstrate that the engagement passes this test - focusing on control, mutuality of obligation, and whether you are genuinely in business on your own account.
What Your Contract Should Cover
A solid freelancer contract covers the scope of work (what exactly you will deliver), payment terms (how much, when, and what happens if the client is late), IP assignment or licence (who owns the finished work), confidentiality, termination provisions, and a GDPR clause if you handle personal data.
IP Ownership Matters
Without a clear IP clause, the default position under Irish law is that the freelancer retains copyright in their work. If the client expects to own the deliverables, this must be explicitly stated in the contract. Our questionnaire lets you choose between full assignment to the client, a perpetual licence model, or shared ownership.
Payment Protection
Late payment is the number one complaint among Irish freelancers. Your contract should specify when invoices are due (14 or 30 days is standard), what happens if payment is late (interest under the European Communities (Late Payment in Commercial Transactions) Regulations 2012), and whether you can suspend work if an invoice is significantly overdue.