With the Continuous Coordinated Collaboration Agreement (Co.Co.Co.) a collaborator undertakes to work continuously and predominantly for a client. This is a contract used for self-employment relationships that require the personal intervention of the collaborator for a certain period of time (a few months, a year, etc.).
The collaborator carries out his assignment independently. He therefore does not have to submit to a working schedule and decides freely how and where to work. The only constraint is the achievement of the agreed result. To carry out the work entrusted to him, the collaborator must in any case coordinate with the client. However, the methods of coordination must be decided by mutual agreement between the parties.
Therefore, while maintaining his autonomy, the collaborator is permanently inserted in the client’s organization (he can work on his premises, relate to employees, etc.). Consequently, the method of payment of the fee is also different from other self-employment contracts. The collaborator, in fact, must not have a VAT number and does not issue an invoice but is paid with a pay slip and it is the client who pays the taxes and contributions due.
When using the Co.Co.Co.
The CoCoCo contract is used when the client needs a worker who autonomously decides how to carry out a particular task. This contract can be used for any type of service carried out independently (e.g. the implementation of a marketing campaign, IT consultancy) and by any type of client (company, sole proprietorship, etc.). The collaborator, on the other hand, can only be a natural person.
The collaborator must decide the times, the place and the methods of work, with the sole constraint of achieving the agreed result. In this respect, the collaboration contract differs from the employment contract, in which it is the employer who decides how, where and when the employee must perform his / her service (the so-called hetero-organization). For example, a waiter who must respect the indicated times and follow the instructions of the owner of a restaurant is an employee and not a Co.Co.Co.
In any case, it is necessary to be careful to distinguish these two contracts because the border line can be very thin (in fact Co.co.co. is also called “para- subordinate ” work). The only limit to the autonomy of the worker is the need to coordinate with the organizational needs of the client , especially when the service is carried out at its headquarters.
In any case, the Jobs Act provides that the coordination procedures have been established by mutual agreement between the parties. If, on the other hand, the methods of coordinating the work are decided unilaterally by the client, the collaborator is to be considered an employee.
Furthermore, the coordination and continuity of the relationship distinguish the Co.Co.Co. from the contract for the provision of work and from the contract for the provision of services. In these two contracts, in fact, the worker is a completely autonomous subject and completely unrelated to the client’s organization. For example, a web designer who works for several clients is a contractor and not a Co.Co.Co.
What the model of collaboration agreement contains
Our coordinated and continuous collaboration agreement meets all legal requirements. The main clauses concern:
- Subject: the description of the assignment entrusted to the collaborator
- Autonomy of the collaborator: with respect to the client, even when carrying out the assignment on his premises
- Coordination methods: for the execution of the assignment, established by mutual agreement between the parties
- Fee: that the client will pay to the collaborator for the services performed
- Duration of the relationship: fixed term or indefinite
- Reimbursement of expenses: for expenses incurred by the collaborator for carrying out the assignment
- Non-competition clause: to prohibit the collaborator from working for the client’s competitors
- Confidentiality: To prevent the parties from disclosing confidential information
- Original contributions and inventions: to manage the intellectual property rights related to the assignment
At the end of the interview, we will guide you step by step through the necessary subsequent steps.
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- Collaboration Agreement
- Coordinated and Continuous Autonomous Collaboration Agreement
- Parasubordinate employment contract
Other useful templates and facsimiles
- Service Contract: in the event that the supplier is an entrepreneur, a professional or another person with a VAT number
- Work Performance Contract: in the event that the collaborator carries out a single work or project and not a continuous service
- Subordinate Employment Contract: to hire an employee
- Employment contract on call: to regulate occasional and non-continuous employee work