Common use of Upwork Payroll Services Clause in Contracts

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. 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 the Upwork 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 thenSubscriber 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.