Classification Protection

Classification Questions

How do you determine if I should hire someone as an independent contractor or as an employee?

This is a key feature of Any Hire - the classification recommendation of independent contractor or employee is determined on a case by case basis by analyzing business details and the nature of the work. The classification recommendation provided by Upwork is intended to provide you with peace-of-mind that the classification is legally sound — to express our confidence in our recommendation we offer up to $50,000 in indemnification against misclassification claims if you choose to follow our recommended classification.

You are not required to follow Upwork’s classification recommendation, but if you choose not to do so, Upwork cannot offer the indemnification against misclassification claims.

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What does the classification service include?

The classification service provides our recommendation on whether the particular talent should be classified as an independent contractor or employee. You can always choose not to wait for our recommendation or not to go with our recommendation, though this forgoes our  protection against misclassification if you hire as an independent contractor.

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What countries are supported?

We can classify talent in 165+ countries!

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What happens if employment laws change?

We stay up-to-date with legal requirements around the globe. If there are legal changes that impact your engagements, we will address them as appropriate.

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Protection against Misclassification Questions

What do you mean by protection against misclassification?

When we provide and you accept a classification recommendation, we stand behind it if you face a  misclassification claim related to that engagement. We will indemnify up to $50,000 in costs from claims of misclassification to the extent caused by our classification recommendation including; losses, costs, damages, liabilities, judgments, or settlements.

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