Virtual Assistant Contract: What to Include

A written agreement protects both you and your virtual assistant. It does not need to be long, but it does need to cover the points that cause disputes later: what the work is, how much it pays, who owns the output, how information is protected and how either side can end the arrangement.

This is general information, not legal advice. Contract and employment law varies by country and state, and a mistake can be costly. Treat this checklist as a guide to what to discuss with a lawyer, or as a starting point for your own review.

Contractor or employee first

The first question decides much of the rest. A person you hire as an independent contractor generally controls how and when they work, uses their own equipment and can serve other clients. An employee is under your direction and control.

Calling someone a contractor does not decide the question if the reality looks like employment. Fixed hours, a single client, your tools and close supervision are common signs of employment. The consequences can include back pay, taxes and benefits, depending on where you and your VA are. Talk to a professional if you are unsure. Our guide to paying a VA covers the basics.

If you want to employ someone without setting up in their country, an employer of record service or a managed agency can act as the legal employer.

Clause-by-clause checklist

1. Parties and effective date

Full legal names of both parties
The date the agreement starts
The country or region each party works from

2. Scope of work

A list of the main tasks and responsibilities
What is not included
A way to add new tasks in writing

The clearer the scope, the fewer arguments later. Our task list can help you describe it.

3. Hours and availability

Expected hours per week or month
Overlap hours and time zone
How overtime is requested and approved
Holidays and notice for time off

4. Pay and payment terms

Rate and currency
Payment schedule and method
Who pays transfer fees
How invoices or timesheets are submitted
When pay is reviewed

5. Confidentiality

What counts as confidential information
That the VA will not share or misuse it
That the duty continues after the agreement ends

6. Ownership of work

That the work created for you belongs to you
That the VA has the right to hand it over
That the VA will not reuse your material for others

7. Data protection and security

That the VA follows your security rules
Use of a password manager and two-factor authentication
That accounts, files and devices are protected
That any breach is reported immediately
Return or deletion of data when the agreement ends

If you handle personal data of customers in the EU, UK or California, rules such as GDPR or CCPA may apply. Ask a professional what that means for you. Our guide to safe account access covers the practical side.

8. Tools and equipment

Who supplies the computer and internet
Software seats you provide
Rules about personal devices

9. Independent contractor status

That the VA is responsible for their own taxes and insurance
That they may serve other clients, subject to confidentiality and conflicts
That the agreement does not create employment

Only include this if it is true of the arrangement.

10. Term and termination

Start date, and an end date or “ongoing”
A notice period, such as 14 or 30 days
Immediate termination for serious breach
Final payment and handover of work

11. Non-solicitation and non-compete

These clauses are controversial and are not enforceable in every country or state. Ask a lawyer before including them, particularly any restriction on who the VA may work for.

12. Governing law and disputes

Which country’s or state’s law applies
How disputes are raised and resolved
Language of the agreement

13. Signatures

Names, dates and signatures, which can be electronic

Use plain language

An agreement that both sides understand is more useful than a perfect one that no one reads. Short sentences and clear headings help. If your VA’s first language is not English, a quick call to walk through it prevents misunderstandings.

A simpler route for the test task

Before the main agreement, a one-page note for the paid test task is enough:

The task and the deadline
The fixed payment amount
A confidentiality promise
A statement that you will pay for the work whether or not you hire them

See our interview and test-task guide for how to run one.

When to get a lawyer

Consider a professional review if:

You pay a VA full-time or for a long period
You give access to sensitive data or money
You operate in a regulated field such as health, finance or law
You have employees in more than one country
Your VA is based in a country whose labour rules you do not know

Frequently asked questions

Do I need a contract for a few hours of work?

A short written note is still wise. It costs little and prevents most misunderstandings.

Can I use a template I found online?

It can be a starting point, but check that it suits your country and situation, and have it reviewed if the stakes are high.

Who should sign first?

It does not matter. Both sides should have a signed copy before work begins.

What if my VA works through an agency?

Then your contract is usually with the agency. Read the terms on minimum commitment, replacement and ending the arrangement. See how the routes compare.

Sources

Sources were checked in October 2026. They support specific facts in this guide; the advice and wording are our own. Rules change, so confirm details on the official sites.