Worker Classification Sample Clauses

Worker Classification. Upwork will determine the appropriate worker classification (e.g., independent contractor or employee) for each Engagement based on the information that Subscriber and Freelancer provide about the applicable Engagement between them. Determining the proper classification for a Freelancer depends on many factors, including information in Subscriber’s control. Subscriber will provide Upwork with all information requested that is related to the Engagement and the classification of a Freelancer in a timely, accurate, and complete manner and notify Upwork immediately if any such information changes.
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Worker Classification. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Company and a User. 15.1.1. Hiring Attorney is solely responsible for and has complete discretion with regard to final engagement of any Freelance Attorney or Freelance Paralegal for any Project. Hiring Attorney is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Freelance Attorneys or Freelance Paralegals should be engaged as independent contractors or employees of Hiring Attorney and engaging them accordingly. Company will have no input into, or involvement in, worker classification as between Hiring Attorney and Freelance Attorney, or as between Hiring Attorney and Freelance Paralegal, and Users agree that Company has no involvement in and will have no liability arising from or relating to the classification of a Freelance Attorney or Freelance Paralegal generally or with regard to a particular Project. 15.1.2. Users represent that they are not a party to any other contract or obligation that would prevent them from entering into and performing under this Agreement, and further represent that they are not a party to any other contract or obligation that would result in a violation of any term or provision of Terms of Service.
Sample 1Sample 2
Worker Classification. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between QWQER and a User. Customer is solely responsible for and has complete discretion with regard to selection of any Driver for any Delivery. Customer is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Drivers should be engaged as independent contractors or employees of Customer and engaging them accordingly; QWQER will have no input into, or involvement in, worker classification as between Customer and Driver and Users agree that QWQER has no involvement in and will have no liability arising from or relating to the classification of a Driver generally or with regard to a particular Delivery.
Sample 1Sample 2
Worker Classification. Except as would not reasonably be expected to result in material liability for the Company or its Subsidiaries, each Employee, non-employee director and individual consultant of the Company and its Subsidiaries who has been classified by the Company or any of its Subsidiaries as (i) an independent contractor, or (ii) an exempt or non-exempt employee under the Fair Labor Standards Act of 1938 (as amended), is currently, and has been since January 1, 2017 properly so classified under applicable employment law, and no such service providers have, to the Company’s Knowledge, made any challenges against such classification since January 1, 2017. Neither the Company nor any of its Subsidiaries has received in writing any formal or informal determination or advisory opinion from any state or federal regulatory agency, tribunal, or court that any such service provider is improperly classified as an independent contractor or should be reclassified as an employee, or that any such service provider is improperly classified as exempt from federal or state overtime wage requirements. The Company and its Subsidiaries are not, and since January 1, 2017 have not been, a party to any Action before any court or before or by any other Governmental Authority regarding the classification of such service provider under applicable employment law nor, to the Company’s Knowledge, are any such Actions threatened against the Company or any of its Subsidiaries.
Sample 1
Worker Classification. Upwork will determine the appropriate worker classification (e.g., independent contractor or employee, including application of tax withholding obligations under the UK tax legislation IR35 ("IR35")) for each Engagement based on the information that Subscriber and Freelancer provide about the applicable Engagement between them. Determining the proper classification for a Freelancer depends on many factors, including information in Subscriber’s control. Subscriber will provide Upwork with all information requested that is related to the Engagement and the classification of a Freelancer in a timely, accurate, and complete manner and notify Upwork immediately if any such information changes. If applicable, Upwork will provide a Status Determination Statement ("SDS") required by IR35 to the Freelancer on behalf of the Subscriber. If Subscriber wishes to provide an SDS or designation under IR35 to Upwork and/or the Freelancer, Upwork will work with Subscriber to do so.
Sample 1
Worker Classification. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Company and a User. 15.1.1. Hiring Attorney is solely responsible for and has complete discretion with regard to final engagement of any Freelance Attorney for any Project. Hiring Attorney is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Freelance Attorney/Paralegals should be engaged as independent contractors or employees of Hiring Attorney and engaging them accordingly. Company will have no input into, or involvement in, worker classification as between Hiring Attorney and Freelance Attorney/Paralegal and Users agree that Company has no involvement in and will have no liability arising from or relating to the classification of a Freelance Attorney/Paralegal generally or with regard to a particular Project. 15.1.2. Users represent that they are not a party to any other contract or obligation that would prevent them from entering into and performing under this Agreement, and further represent that they are not a party to any other contract or obligation that would result in a violation of any term or provision of Terms of Service.
Sample 1
Worker Classification discusses what you agree to concerning whether a Freelancer is an employee or independent contractor.
Sample 1
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Worker Classification. Employer assumes all liability for proper classification of workers as independent contractors or employees based on IRS and other federal, state and local guidelines. Employer and Contractor further acknowledge and agree that the relationship exists specifically and expressly between Employer and Contractor and that no employment relationship exists between Employer and oDesk or Contractor and oDesk. This Agreement does not create a partnership or agency relationship between Employer and Contractor. Contractor does not have authority to enter into written or oral – whether implied or express - contracts on behalf of Employer. Contractor recognizes, acknowledges and agrees that he/she/it is not an employee of oDesk and does not receive any training from oDesk. Contractor acknowledges that oDesk does not, in any way, supervise, direct, or control Contractor’s work or Services performed in any manner. oDesk does not set Contractor’s work hours and location of work. oDesk will not provide Contractor with any equipment, labor or materials needed for a particular Contract. oDesk will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Employer and Contractor will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to Contractor’s performance of Services. For Contracts classified as independent contractor relationships, Employer may not require an exclusive relationship between Employer and Contractor. A Contractor classified as independent contractor is free at all times to provide Services to persons or businesses other than Employer, including any competitor of Employer. For Contracts classified as employer-employee relationships, Employer will manage the Contract through oDesk’s payrolling program, where the Contractor becomes an hourly employee of oDesk’s staffing affiliate and Contractor and Employer must enter into an oDesk User Agreement for Payrolling Program. If Employer elects to not utilize this program, Employer and Contractor shall be solely responsible for all obligations for tax withholding, the payment of taxes and/or providing the benefits associated with an employment relationship. Employer and Contractor agree to indemnify, hold harmless and defend oDesk from any and all claims asserted by Contractor arising out of or related to the independent contractor relationship, includi...
Sample 1
Worker Classification. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Company and a User. 15.1.1. Hiring Attorney is solely responsible for and has complete discretion with regard to final engagement of any Freelance Attorney for any Project. Hiring Attorney is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Freelance Attorneys should be engaged as independent contractors or employees of Hiring Attorney and engaging them accordingly. Company will have no input into, or involvement in, worker classification as between Hiring Attorney and Freelance Attorney and Users agree that Company has no involvement in and will have no liability arising from or relating to the classification of a Freelance Attorney generally or with regard to a particular Project. 15.1.2. Users represent that they are not a party to any other contract or obligation that would prevent them from entering into and performing under this Agreement, and further represent that they are not a party to any other contract or obligation that would result in a violation of any term or provision of Terms of Service.
Sample 1

Related to Worker Classification

  • Work in a Higher Classification Any employee who is assigned by his/her supervisor to a vacant position in a higher grade for a period of more than thirty (30) days shall receive the salary rate for the higher position from the first day of the appointment, provided such assignment has the prior approval in writing of the Appointing Authority or his/her designee. The approval of the Appointing Authority or his/her designee shall take effect as of the first day of the assignment. Any assignment to a vacant position in a higher grade must be in writing to be valid.

  • Job Classification Full-Time and Part-Time (a) When a new classification (which is covered by the terms of this Collective Agreement) is established by the Hospital, the Hospital shall determine the rate of pay for such new classification and notify the Local Union of the same within seven (7) days. If the local challenges the rate, it shall have the right to request a meeting with the Hospital to endeavor to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Hospital of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Hospital. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or Arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classification. (b) When the Hospital makes a substantial change during the term of this agreement in the job content of an existing classification which in reality causes such classification to become a new classification, the Hospital agrees to meet with the Union, to permit the Union to make representation with respect to the appropriate rate of pay. (c) If the matter is not resolved following the meeting with the Union the matter may be referred to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Arbitrator shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications. (d) The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date that the Union raised the issue with the Hospital.

  • Tax Classification The Series shall elect to be treated as an association taxable as a corporation under Treasury Regulations Section 301.7701-3 with effect for each taxable period of its existence. The Series and each Member shall file all tax returns and shall otherwise take all tax and financial reporting positions in a manner consistent with such treatment. No election will be filed with the Internal Revenue Service (or the tax authorities of any State) to have the Series taxable other than as an association taxable as a corporation for income tax purposes.

  • JOB CLASSIFICATIONS 32.01 Employees holding positions which fall within the Bargaining Unit shall be provided with a job description upon written or email request. 32.02 New job classifications properly included in this Collective Agreement may be established by the Employer during the term of the Collective Agreement. Basic hourly rates of pay for such new job classifications shall be negotiated with the Union. If negotiations fail to produce an agreement within sixty (60) calendar days of the date of written notice from the Employer to the Union regarding the new job classification, then the basic hourly rates of pay may be settled through arbitration in accordance with clause 14.04(d).

  • EMPLOYEE CLASSIFICATIONS REGULAR FULL-

  • New Classification Should a new position or new classification be created within the Bargaining Unit during the term of this Agreement, the Employer and the Union will decide the rate of pay. Nothing herein prevents the Employer from filling such positions and having Nurses working in such positions during such negotiations. The salary when determined will be retroactive to the date on which the successful candidate commenced work in that classification.

  • New Job Classifications When a new classification (which is covered by the terms of this collective agreement) is established by the Hospital, the Hospital shall determine the rate of pay for such new classification and notify the local Union of the same. If the local Union challenges the rate, it shall have the right to request a meeting with the Hospital to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Hospital of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Hospital. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the agreement within fifteen (15) days of such meeting. The decision of the arbitrator (or board of arbitration as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classification. When the Hospital makes a substantial change in the job content of an existing classification which in reality causes such classification to become a new classification, the Hospital agrees to meet with the Union if requested to permit the Union to make representation with respect to the appropriate rate of pay. If the matter is not resolved following the meeting with the Union, the matter may be referred to arbitration as provided in the agreement within fifteen (15) days of such meeting. The decision of the arbitrator (or board of arbitration as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications. The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date that the Union raised the issue with the Hospital. The parties further agree that the above process as provided herein shall constitute the process for Pay Equity Maintenance as required by the Pay Equity Act.

  • New Classifications If a new classification is created within the bargaining unit, the Employer agrees to meet with the Union and negotiate a rate of pay for this new classification. If the parties cannot reach agreement, at the request of either party, the matter shall be submitted to the arbitration procedure in Article 26 of this Agreement.

  • Classification For the purposes of Rules 43.3(a) and 70.5(b), the Authority shall indicate the classification of the subject matter according to the International Patent Classification. The Authority may, in addition, in accordance with Rules 43.3 and 70.5, indicate the classification of the subject matter according to any other patent classification specified in Annex E to this Agreement to the extent decided by it as set out in that Annex.

  • Promotion to a Higher Classification An employee who is promoted to a higher rated classification within the bargaining unit will be placed in the range of the higher rated classification so that he shall receive no less an increase in wage rate than the equivalent of one step in the wage rate of his previous classification (provided that he does not exceed the wage rate of the classification to which he has been promoted).

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