One of the most stressful things about being self-employed is managing your cash flow. This is especially difficult when clients don’t pay you on time. What can you do to make sure your invoices are handled promptly? And if a client is late, how should you address it, especially if you want to work with this company again? Is there ever a point at which you need to involve a lawyer?
作为一名自由职业者,最重要的事情之一就是资金流动管理。但是,如果客户不按时支付报酬,维持现金流就会变得极其困难。如何才能让客户尽快支付报酬?客户未按时付款、又想继续与客户合作时,如何提醒客户及时付款?是否需要请律师介入?

What the Experts Say
专家怎么说

When freelancing is your primary source of income, you have to be meticulous and organized about keeping your books, according to Jon Younger, the founder of the Agile Talent Collaborative, a nonprofit research organization and the coauthor of Agile Talent. “If you’re not disciplined and rigorous about getting paid, you will not succeed。” And yet, even if you do everything right, clients can still be frustratingly late with their payments. Over 70% of freelancers have trouble getting paid at some point in their careers, according to research by the Freelancers Union, the nonprofit group that promotes the interests of independent workers. “When you’re on your own freelancing for a big company, there is a fundamental power imbalance,” says Caitlin Pearce, director of advocacy and member engagement there. So if your paycheck doesn’t arrive on time, “You think, ‘What did I do wrong?’” Here are some strategies to help you run the “billing department” of your freelance business.
非盈利研究机构Agile Talent Collaborative创始人、Agile Talent联合作者Jon Younger表示:“如果自由职业收入是你的主要收入来源,那么你必须好好记账。只有记好每一笔账、及时催款、收款,你才能成功。”致力于为自由职业者争取利益的非盈利组织Freelancers Union的一项研究显示,即使自由工作者出色地完成了工作,客户也会拖延付款。超过70%的自由职业者在其职业生涯中都遇到过这种问题。该组织宣传部长及成员Caitlin Pearce表示:“当你的合作对象是一家大型公司时,你们之间有着明显的力量差距。”所以如果你没有按时收到报酬,“你就会想‘是我哪里做的不好吗?’”下面这些策略可以帮助你运行自由职业的“结算部门”。
 
Do your homework
做好背景调查

The best way to ensure you get paid in a timely manner is to work only for reputable, well-funded companies that treat freelancers with dignity and respect. This requires due diligence, Younger says. “Before you respond to a request or knock on a door in a marketing capacity, you need to establish that the company can pay you and will pay you,” he says. Pearce recommends talking to other freelancers who’ve worked for the organization about their experiences. Inquire with the company’s full-time workers, too. “Ask about the corporate culture,” she says. “ How it treats employees is a good indicator of how it treats freelancers.” The bottom line: Don’t work with clients who have a bad reputation.
确保及时获得报酬的最佳方式是只与信誉良好、资金充足的公司合作,这些公司比较尊重自由职业者。Younger表示:“你需要充分了解你的客户。在接受工作之前,你需要确保这家公司能够支付相应的报酬,并且会及时付款。” Pearce建议,在接受工作前,先与其他与这家工资合作过的自由职业者们进行交流,也要与公司内的全职工作者们进行沟通。“了解一下这家公司的企业文化,公司如何对待全职员工,一般也会如何对待自由职业者。”底线:不要与声誉不佳的客户合作。
 
Get organized
做好规划,有条不紊

Next, you need to consider how you will bill your clients. There are many ways to go about it, and “there are pros and cons for each,” Younger says. Choosing to be a “truly independent worker” and handling all the invoices on your own requires more bookkeeping — and potentially more headaches — but all profits go to you. (Thankfully, there are numerous tools and apps that automate the process) On the other hand, being part of an “online talent platform that connects buyers and sellers” — means less legwork and less paperwork because “they collect the money for you”; however, these platforms also take a cut of your earnings. Regardless of what you choose, it’s smart to seek out the advice of an accountant from time to time, Pearce says. “Most freelancers do not use accountants for bookkeeping” but instead as “periodic consultants.” They “help you prepare taxes, make sure your costs are under control, and ensure your business is structured properly.”
接下来,你需要考虑如何向客户收取费用。收费的方法有很多,Younger说:“每一种都各有利弊”。如果你选择事事亲为,自己处理工作清单,那么你需要花费更多时间在记账上—这也意味着更多麻烦—但是你会获得更多盈利(幸运的是,如今有很多工具和应用程序可以自动帮你处理账簿)。另一方面,使用“连接买家和卖家的在线人才平台”—可以减少外出工作和文书工作量,因为这些平台“代你收款”。不过这些平台也是收费的,因此会减少你的收入。总的来说,无论选择哪种方式,最好都要经常与会计师沟通,Pearce说:“大多数自由职业者不会雇佣会计师进行记账”,而是选择“定期咨询会计师”。实际上,会计师“帮助你报税,确保支出得到控制,并确保业务安排合理”。
 
Get it in writing
书面协议打消后顾之忧

Before you start working on an assignment, you need a contract that lays out the scope of the project, the payment terms, and the expectations for both sides. “Don’t believe in a handshake,” Younger says. Informal agreements are the source of almost every payment problem, so be sure “to get everything in writing.” For small projects an email chain will often suffice, but for longer engagements “it is worth working with a lawyer,” Pearce says. Most freelancers have a standard template contract that they alter for different clients. “When you can, work with your own contract,” she says. “You know what’s in it, and it has terms you can live with and negotiate from.” The Freelancers Union has several templates on its website, as well as an app that connects freelancers with attorneys who represent independent workers.
在开始任务之前,你需要拟定一份合同,规定项目详情、付款条件和双方期望。Younger说:“不要相信握手就能代替合同。”非正式协议几乎是所有拖延付款问题的根源,所以一定确保“以书面形式达成协议”。对于小型项目来说,通过电子邮件来达成协议通常就足够了,但是对于周期较长的项目来说,Pearce认为“需要与律师合作”。 大多数自由职业者都有一个标准的模板合同,根据不同的客户和项目来调整合同。Pearce说:“尽量使用自己的合同模板,因为你很清楚这份合同中包含什么,这能帮助你更好地进行协商。” Freelancers Union的网站上有一些模板可供下载,还有将自由职业者与代表独立工作者的律师联系起来的应用程序。
 
Understand your client’s payment cycle
了解客户的支付流程

It’s also important to talk with your client about its “payment schedules and policies in advance” of starting any work, Younger says. Find out how long it typically takes to process invoices, which days of the week it cuts checks, and how it pays its contract workers. This information helps you better manage your monthly cash flow. Pearce recommends you “try to get as much money up front” as possible. “A deposit of 30%–50% of your estimated fee is acceptable in many industries,” she says. Another tip: “Make sure you have the name and contact details of the person in finance with whom you’ll be dealing with,” Pearce says. This way, if there are delays, you have someone to call.
Younger表示,开始工作前,提前了解客户的 “付款计划和相关政策 ”也是非常重要的。比如客户公司处理工作清单通常需要多长时间、什么时候开支票、以及如何支付合同工酬劳等等。 这些信息可以帮助你更好地管理月度现金流。Pearce建议自由职业者“尽量多收取订金”。 她表示:“将订金设置为预估费用的30%-50%,很多公司都是可以接受的。”还有一点:“确保你有与你对接的财务人员的姓名和联系方式,”皮尔斯说。如果对方拖延付款,你可以打电话催款。
 
Invoice early and often
提早、定期开具工作清单

Regardless of your client’s payment terms, Younger recommends establishing your own billing cycle that’s frequent and predictable. “Bill on a weekly basis or every time you finish a bit of work,” he says. Billing often is “a signal that you consider your time valuable.” For longer-term projects, Pearce suggests invoicing at predetermined “milestones along the way” so that you are guaranteed “payment at certain points over time.” Milestone payments not only help you manage your cash flow, they are “also a tool for communication”. She says, “They make sure you and your client are both aligned and satisfied.” Whatever you do, don’t agree to terms that involve your getting paid only upon the full delivery of the work. “You don’t want to work for three months on a project only to have the client say, ‘I hate it. And I will only pay you for 50%.’”
无论客户的付款方式如何,Younger建议你建立自己的稳定的计费周期:“可以每周结算,也可以每阶段工作结束后结算。”开账单通常是“认为自己的时间有价值的信号”。对于长期项目,Pearce建议在预定的“项目阶段”中开具工作清单,以保证“在固定时间获得报酬”。按进度付款不仅有助于管理你的现金流,也是“沟通工具”。Pearc说:“按进度付款能确保你和客户达成一致,使双方都得到满意的结果。”但是,一定不要答应只有在交付全部工作后才得到报酬的条件。“你一定不想为了一个项目辛苦工作了三个月,客户却说‘我不满意,我只能付你一半的酬劳。’”

 
Establish your professionalism
培养职业素养

Earning your living as a freelancer requires that you “treat yourself like a business,” Pearce says. Don’t do slapdash work, don’t “forget” to invoice, and don’t be careless in your communications. “Getting paid is contingent on the quality of your work and the quality of your relationship with your client,” Younger says. On a related note, don’t work for free. “A lot of companies are fishing around these days for free work on the assumption that your working for them will help you more than it realistically will,” he says. Remember this any time you’re “invited” to give a free webinar or moderate a panel gratis. “Talk plainly and in businesslike terms” about your fee. “Establish the value of your work.”
作为自由职业者,你必须“像打理企业一样打理自己,”Pearce说。工作中不要粗心大意,不要“忘记”开工作清单,不要在沟通中粗心大意。“你获得报酬取决于工作质量以及与客户的关系,”Younger说。另外,不要做免费劳动力。他说:“现在很多公司都在到处寻找免费劳动力,认为这样的实践对你有好处,但事实并非如此。”任何时候你被“邀请”参加在线会议或者主持小组会议时都要记住这一点。“清楚地以商业方式与客户交流”。 “让你的工作有价值”。
 
Follow up
跟进付款进度

If your client is ever late with a payment, “you have to be vigilant about following up,” Pearce says. “If you’re vigilant on your end, it sets expectations on theirs.” If you’re following up and no one is responsive, “escalate to a phone call or go to the office in person,” she says. It’s much easier to ignore an email than it is to ignore a human. Be persistent about seeking payment, Younger advises. “Don’t give up,” he says. “Work your way up the food chain and take it to the top” of the executive leadership if you need to.
如果客户未能准时付款,“你必须时刻跟进情况”,Pearce说。她说:“如果你自己一直跟进付款情况,客户方面就会有压力。”如果没有人回复你,“试试打电话或者亲自到客户办公室。”忽略电子邮件很容易,但是客户不能对一个人视而不见。Younger建议打击坚持要求客户付款。“不要放弃,”他说。 如果有需要的话,“要不断努力掌握主动权”。
 
Hire a lawyer
雇佣律师

If you’ve tried everything and the client is still not paying, it might make sense to engage an attorney. It’s not a straightforward decision, however. “Mostly it’s a cost-benefit analysis” that involves calculating the amount that’s owed you, your odds of success, and the hassle of hiring — and paying for — a lawyer, Pearce says. A new, first-of-its-kind law in New York City gives freelancers a ray of hope. The law stipulates that for jobs paying $800 or more, freelancers must be paid either by a specified date or within 30 days of completion. The other big component of the law provides recourse for instances in which clients fail to pay. “If it goes to court, the law mandates double damages and attorney fees be awarded if the judge rules in the freelancer’s favor,” Pearce says. She adds that the Freelancers Union is “working on getting the law passed nationally.” At the very least, report your former client to the Better Business Bureau.
如果你已经尝试过各种方法,但客户仍然没有支付报酬,那么此时可以聘请律师。然而这个过程并不容易。Pearce说,“大多数情况下,这是一项成本效益分析”,要计算客户拖欠金额、成功几率、律师聘用和支付的麻烦等。纽约市一项新的法规为自由职业者带来了一丝希望:自由职业者从事酬劳在800美元及以上的工作,客户必须在指定日期或完成后的30天内支付酬劳。如果客户未能按时付款,法律也保障了自由职业者的权益。Pearce说:“如果交由法院裁决,法官判定自由职业者一方胜诉,依照法律,自由职业者将得到双倍补偿,并免除聘请律师费用。”她补充说,Freelancers Union正在“努力将这项法律推广到全国”。同时,自由职业者还可向商业改善局(Better Business Bureau)投诉延期付款的客户。
 
Principles to Remember
建议:

Do:
需要做些什么?
 
Your research. Find out how well-funded your client is and, to the extent possible, check if there are any financial red flags.
做好背景调查。准确了解客户的财务状况,明确客户是否陷入财务困境。

Bill on a regular basis, and for longer projects ask for milestone payments; they help you manage your cash flow and ensure you and the client are aligned.
定期收费,长期项目合作采用按进度付款的方式;这些措施可以改善您的现金流状况,并与客户达成一致。

Consider pursuing a settlement in court if your client fails to pay you.
若客户迟迟不能支付报酬,必要时选择交由法庭裁决。
 
Don’t:
不能做什么?

Work informally. You need a good contract that lays out the scope of the project and the payment terms and ensures that expectations are clear on both sides.
非正式协议:自由职业者需要与客户签订合同,合同中应注明项目内容以及支付条款,明确双方需求。[/cn
Be late or inconsistent with your invoices. Make use of tools and apps that automate the process.
[cn]不按时开具工作清单或使用方式不固定:充分利用工具和应用程序来简化这个程序。

Be lackadaisical about following up with your client about a late payment. If the client does not respond to emails, visit the office in person if possible.
未能按时跟踪客户付款进度:若客户迟迟未回复邮件,应主动到客户办公室进行协商。
 
Case Study #1: Be vigilant about following up and seek legal advice when needed
案例一:随时跟踪客户付款进度,必要时寻求法律帮助

Michael Lopez, a freelance copywriter specializing in the health and wellness sector, knows all too well what it’s like to get stiffed by a client.
自由职业者Michael Lopez从事健康领域的广告文字撰稿工作,他非常了解客户拖延付款的情况。

Last year he agreed to do web copy overhaul for a drug rehabilitation company that had a network of treatment centers. He had done small jobs for this client in the past, but the new assignment was much bigger. This project was slated to last two months, and it represented “a good chunk of change” for Michael.
去年,Michael答应帮一家药物康复公司做网络广告修整。此前,他与这家公司合作过几次周期较短的小型项目,这次的任务周期长达两个月,并且这对他来说也是一个很好的“转型”机会。

He finished the job and submitted an invoice. He didn’t hear back from the company, so a week later he followed up with an email. No response. After two weeks, he followed up by phone. Still no response. “After four weeks I followed up with another call and email and was told that they were working on payment and reviewing the work,” Michael says. “[They also told me] that they didn’t feel they would use the deliverables, so they were not sure if a full payment was fair.”
他完成工作并提交了工作清单。但之后迟迟没有得到公司的回复。一周后,他向客户公司发邮件询问付款进度,依旧没有得到任何回应。两周后,他向客户公司致电,这次还是没有得到回复。Michael说:“四周后,我又打了第二通电话、又发了一封邮件,他们却告诉说他们已经在处理了,现在正在审核工作。他们还告诉我说,以后可能不会使用我的工作成果,所以不保证能够如约付全款。”
 
He was surprised, angry, and annoyed. “I went through all the stages of grief,” he says. “I eventually ended up feeling sad and disappointed in myself. Yes, they were in the wrong, but there were a lot of things I did wrong as well.” For one, he worked without a contract. “A contract was something that I knew I needed, but I hadn’t been able to put one together,” he says.
Michael觉得非常震惊,同时也很生气。他说:“我一开始很难过,最后觉得悲哀,对自己很失望。他们是有错,但我也有不正确的地方。”其中有一点就是他没有事先与公司签订合同。他表示:“我知道可能需要一份正式合同,但最后我也没有拟定一份。”

Fortunately for Michael, his roommate was an attorney. “I’ve always been aware that, in the absence of a contract, an email chain laying out when deliverables and payments are due is enough to prove in court — if you need to go that route.” His lawyer roommate sent a letter to his client that “essentially demanded they pay or suffer other legal action,” Michael recalls.
幸运的是,Michael的室友是一名律师。“我知道,在没有合同的情况下,在可交付成果和付款截止时期到期时,电子邮件在法庭上可作为证据使用—如果你需要诉诸法庭裁决的话。” Michael记得,当时他的律师室友向客户公司发信称,“如果公司未能付款,将采取法律手段。”

One week later, the client issued an apology to Michael and released funds for payment. Not long after that, Michael availed himself of the tools from the Freelancers Union and Legal Zoom to create a template contract for his future assignments. He describes what happened with the drug rehab company as a “harsh” learning experience.
一周后,客户向Michael道歉,并开始支付报酬。不久之后,Michael利用Freelancers Union和Legal Zoom的相关工具制定了一份合同模板,用于今后的工作当中。他把这段经历总结为“残酷”的一课。
 
Case Study #2: Understand your client’s accounts payable process and use it to your advantage
案例二:了解客户付款流程
 
Over the course of her 12-year career as an independent event planner, Vicky Choy says, she has always been paid for her services — but not always on time.
在Vicky Choy作为自由职业者的12年里,也碰到过很多客户拖延付款的情况。

She recalls: “While working for one of my first corporate client, I learned that the accounting department only cut checks once every other week, and only on Thursdays. I would wonder why I wasn’t receiving payments on time. So finally, I asked. If I had sent an invoice on a Friday after accounting had just cut checks the day before, I would have to wait two weeks for them to cut checks again.”
她回忆到:“在与早期客户打交道的过程中,我了解到客户公司的会计部门每隔一周的周四开支票。我一开始总是觉得很奇怪,为什么我没有准时收到款项。最后我询问了相关工作人员,才明白如果我在开票日后的周五发送了工作清单,那么我必须再等两周才能到下一个开票日。”

It’s been an education, and over time she’s mastered the process. Vicky has a standard contract that she developed with the help of an attorney. She makes adjustments and alterations depending on the client and the event. The contract lists the project milestone schedule, the payment due dates, and the payment terms. In addition, the contract contains a “stop work” clause that gives her the right to stop performing work for a client until all payments are up to date.
这是一个逐渐学习的过程,后来Vicky对整个流程越来越熟悉。在律师的帮助下,她做了一份标准合同,根据客户和工作的不同对合同中的细节进行调整。合同中列出了按进度付款时间表、付款截止日期等。此外,合同中还有一项 “停止工作”条款,客户拖延付款时,她有权暂停工作,直到客户付清所有账款。

Her early experiences with late clients also prompted Vicky to start using QuickBooks, which enables her to receive payments through e-checks and credit cards and has resulted in on-time payments.
随着经验不断积累,Vicky在后期与客户进行合作时,开始使用QuickBooks软件,通过这个软件,她可以接收电子支票和信用卡付款,大大减少了客户拖延付款的情况。