Upwork Payroll Services. If Subscriber requests Upwork to hire a Freelancer classified as an employee via the Upwork’s Payroll Services, Subscriber will pay the applicable Upwork Payroll Fee. Employment Provider will enter into an employment relationship with the applicable Freelancer that governs the provisioning of Freelancer Services and Freelancer Work Product. In such case, the standard Service Fee or BYO Service Fee, as applicable, will be applied to (i) Freelancer Payments and Costs and (ii) the Upwork Payroll Fee. The Upwork Payroll Fee, as stated in the Order Form, applies to Freelancers located in the United States only. The Upwork Payroll Fee for international Freelancers varies by country. The Upwork Payroll Fee and all Employment-Related Costs will be provided to Subscriber for approval prior to the Employment Provider hiring the relevant Freelancer.
Upwork Payroll Services. If, pursuant to Section 2.2.1 (Worker Classification), Upwork determines that the appropriate classification for a Freelancer should be as an employee, then Subscriber directs Upwork to hire that Freelancer via Upwork’s Payroll Service. Employment Provider will enter into an employment relationship with the applicable Freelancer that governs the provisioning of Freelancer Services and Freelancer Work Product. Subscriber directs and authorizes Upwork to, on Subscriber’s behalf, cancel or revoke any Independent Contractor Agreements offered to Freelancers in the United States by Subscriber so that an employment offer can be made. In addition to Subscriber’s responsibilities set forth in this Agreement, if a Freelancer is classified as an employee by Upwork, then Subscriber shall: (i) not request or allow the Freelancer to commence work until Subscriber receives notice from Upwork or its Employment Provider that employment paperwork has been completed and employment has started; (ii) absent exigent circumstances, (a) provide at least 72 hours’ advance notice (or longer, if required under applicable law) before terminating a worker’s employment assignment, or (b) immediately provide notice of any voluntary termination; otherwise, Subscriber will be responsible for any penalties or costs for violating or complying with laws governing final paycheck requirements; and (iii) immediately inform Upwork of any request for a leave of absence or disability accommodation or if Subscriber becomes aware of a potential disability or need for leave or accommodation and provide any legally protected accommodation or leave.
Upwork Payroll Services. The following are the services provided by the Staffing Provider for Payroll Employees assigned to Client: (a) calculation and payment of wages (including any applicable overtime wages) based upon submitted timesheets; (b) collection, payment, and reporting of all required taxes on such wages; (c) unemployment insurance and workers’ compensation coverage; (d) administration of legally required benefits, including health insurance, disability insurance, paid sick leave, paid vacation, severance, notice or termination costs, retirement benefits or other welfare or pension benefits; and (e) administration of legally required leaves of absence, wage garnishments, and unemployment claims.
Upwork Payroll Services. In addition to Subscriber’s responsibilities set forth herein, if a Freelancer is classified as an employee by Upwork, then Subscriber shall: (i) not request or allow the Freelancer to commence work until Subscriber receives notice from Upwork or its Employment Provider that employment paperwork has been completed and employment has started; (ii) absent exigent circumstances, (a) provide at least 72 hours advance notice (or longer, if required under applicable law) before terminating a worker’s employment assignment, or (b) immediately provide notice of any voluntary termination; otherwise, Subscriber will be responsible for any penalties or costs for violating or complying with laws governing final paycheck requirements; and (iii) immediately inform Upwork of any request for a leave of absence or disability accommodation or if Subscriber becomes aware of a potential disability or need for leave or accommodation and provide any legally protected accommodation or leave.
Upwork Payroll Services. If Subscriber requests Upwork to hire a Freelancer classified as an employee via Upwork’s Payroll Services, then Employment Provider will enter into an employment relationship with the applicable Freelancer that governs the provisioning of Freelancer Services and Freelancer Work Product. In addition to Subscriber’s responsibilities set forth in this Agreement, if Subscriber requests to use Upwork Payroll Services, then Subscriber shall: (i) not request or allow the Freelancer to commence work until Subscriber receives notice from Upwork or its Employment Provider that employment paperwork has been completed and employment has started; (ii) absent exigent circumstances, (a) provide at least 72 hours’ advance notice (or longer, if required under applicable law) before terminating a worker’s employment assignment, or (b) immediately provide notice of any voluntary termination; otherwise, Subscriber will be responsible for any penalties or costs for violating or complying with laws governing final paycheck requirements; and (iii) immediately inform Upwork of any request for a leave of absence or disability accommodation or if Subscriber becomes aware of a potential disability or need for leave or accommodation and provide any legally protected accommodation or leave.
Upwork Payroll Services. If Subscriber requests Upwork to hire a Freelancer classified as an employee via the Upwork’s Payroll Services, Subscriber will pay the Upwork Payroll Fee. In such case, the Standard Service Fee or BYO Service Fee, as applicable, will be applied to (i) Freelancer Payments and Costs and (ii) the Upwork Payroll Fee. The Upwork Payroll Fee and all Employment Related Costs will be provided to Subscriber prior to the Employment Provider hiring the relevant Freelancer.
Upwork Payroll Services. If Clients engage Freelancers as employees, Clients agree to enroll in Upwork Payroll. Client agrees to enroll in Upwork Payroll if it will receive services from a Freelancer under terms and conditions that would give rise to an employment relationship (unless Client elects instead to pay the Conversion Fee (see Section 7)). When the Client enrolls in Upwork Payroll, Client will engage Upwork’s third-party staffing vendor (the “Staffing Provider”) through the Site. The Staffing Provider will hire Freelancer at the request of Client and Freelancer according to the terms described on the Site and otherwise agreed to by the Staffing Provider, Client and/or Freelancer, and subject to the Upwork Payroll Agreement. The employer of Freelancer will be the Staffing Provider and not Upwork. Freelancer acknowledges and agrees that Upwork will have no control over and is not responsible for the terms and conditions of any employment relationship that may arise between Freelancer and Staffing Provider or Client, including the selection process, pay rate, work hours, employment dates, or working conditions.
