With a work contract, a subject, the client, entrusts the realization of a work of any kind, manual or intellectual, to another subject, the supplier. The latter, by organizing all the necessary means, undertakes to complete the work assuming the economic risk of its execution.
The object of this agreement – that is, the realization of a work – coincides with that of a work performance contract, with which there are numerous features in common. The difference, however, lies in the fact that in the work contract the assignment must not be carried out by a “small entrepreneur”, that is a supplier who operates mainly with his own work, but by a normal entrepreneur (typically, an SRL or a SPA), which will carry out the assignment through its employees (or self-employed workers) entirely organized by him.
This last point is very important because the employees of the supplier must not be employees of the client, and therefore must not be directed or coordinated by the client, otherwise, it will be an illicit labor supply.
When using the work contract
The work contract is used for the construction of a defined work, which must be delivered by a specific date set by the parties. If, on the other hand, the parties intend to regulate work that lasts over time without any delivery deadline, they will have to stipulate a continuous service contract.
There is a procurement contract in all cases in which the completion of a work is entrusted to a more complex and articulated business organization than the single employee, in other words, to an SRL or SPA. The company organizes all the resources and means necessary for the execution of the work, also providing its employees (if any) with all the appropriate instructions. If, on the other hand, the work contribution is mainly provided by the supplier himself, and therefore by a natural person, a craftsman, a professional or a sole proprietorship, there will normally be a work performance.
The conclusion of this agreement, since it is not involved a single lender but a company, sometimes requires some additional documents. If the supplier employs its own employees, it must provide the customer with the DURC, with which it certifies the regularity of its contributory position towards the employees. In the event that the work will be carried out in places or premises that are available to the client, and there will be interference between the activities of the client and those that will be carried out by the supplier, the DUVRI must also be prepared, to identify, eliminate or at least reduce the risk of interference.
This agreement has a very broad scope of application because it can be used for both manual and intellectual works. Some examples may be the carrying out of construction works, the realization of an advertising campaign, a photoshoot, a software or a website, but also the provision of consultancy (technical, accounting, management, financial or any other type).
What the facsimile contract contains
Our works contract model meets all legal requirements. The main clauses concern:
- Object: the description of the work, which may include any attachments, drawings, and additional technical specifications
- Fee: the possibility of indicating fixed or hourly fees, with any advances and payments staggered over time
- Start and delivery: a date for the start of the work can be set, and a delivery deadline must always be indicated
- Penalties: the option to enter a penalty in case of late delivery
- Reimbursement of expenses: for particular costs incurred by the supplier
- Verification or testing period: in which the client checks the correct execution of the work
- Exclusive: to bind the supplier not to enter into business with the client’s competitors
- Confidentiality: To prevent the provider from disclosing confidential information
- Intellectual property: to manage the intellectual property rights inherent to the work
- Subcontracting: to choose whether or not to authorize the possible assignment of the work to third parties
- Work safety: to ensure compliance with the relevant legal requirements when necessary.
Furthermore, after the purchase, we will guide you step by step through all the subsequent formalities necessary for your document to be valid and effective.
Information you need
All parts data are required to complete the document.
Remember that our interview does not generate a simple contract facsimile. Based on your answers, the system automatically draws up a customized contract model for your needs, guaranteeing its legal correctness.
The document can be modified in all its parts without time limits. Don’t worry so if you don’t have all the information available during the interview, you can always enter it later.
The realization of work includes a wide range of different situations and can therefore be regulated by more than one type of contract, taking on different names, for example:
- Contract for building works
- Consultancy contract
- Creation of software, a website, or an app
- Freelance work
- Co.co.pro (project) (improperly, as it is now repealed)
- Supply and installation
- Engineering agreement
- Advertising contract
- Contract of private works
Other useful templates and facsimiles
- Work performance contract: to entrust the realization of the work to a natural person, a professional, a craftsman or an individual firm
- Service contract: to regulate the relationship between a customer and the supplier of a continuous service over time
- Employment contract for employees: to hire an employee, worker or manager
- Rental agreement (rental of movable property): to rent a movable property and any ancillary services