@Valeria K wrote:
Please, refer to this part regarding subcontracting not being allowed for hourly contracts:
"To ensure accurate billing, work billed for Hourly Contracts under a Freelancer’s Account must be performed by the Freelancer that has the Account."
The rest of the article addresses user responsibilities when subcontracting.
This phrase is not very clear and has obviously been "misunderstood" by some agencies who still have hourly contracts that have been subcontracted and have been reported by me in this specific case. For me both alternatives are terrible - even if they are allowed or tolerated on Upwork.
@Valeria K wrote:
I confirmed it with the team and would like to reiterate that subcontracting on fixed-price jobs is allowed as stated in Upwork ToS article 8.2. We'll provide additional training to the agent who shared incorrect information.
Sorry about the confusion.
Right, which is what I thought (and what I actually stated in my ticket). Nevertheless, this particular person has a current hourly job for translation of German legal texts into English, as well as a prior hourly job to translate English legal texts to Hungarian, and another hourly job to translate something into Spanish, French, and Italian. He is only claiming English fluency on his own profile and clearly states he is running a translation business. He is himself not European. It is unlikely to the point of ridiculousness that he is an EU-trained lawyer fluent in Spanish, French, Italian, German, Hungarian, and English. All of these jobs have been completed in November and December 2016.
I have reported exactly those jobs and was assured that action would be taken on their account once confirmed they are using inappropriate practises. My ticket has been closed and marked with "solved" then.
The agency model was originally intended for companies who have already a business outside of Upwork and is now abused for "companies" whose business only exists on Upwork and other platforms where they collect the work and farm it out on all platforms. That they offer and deliver has nothing to do with the work and quality serious translation agencies in the real world provide.
It's also amazing how most "agency members" can complete skills tests in 5 minutes that the average (lone) freelancer may take up to 40 minutes complete.
Agencies and their members are truely brilliant!
And today this person applied to one of the jobs I posted. While the job is a fixed price job, I do state that it will lead to an ongoing job (I realised that I don't actually say "ongoing hourly job" but a cursory perusal of my hiring history would show that all my long-term jobs are hourly jobs). Their profile is *still* active despite those existing hourly jobs which they are clearly not doing themselves. Their proposal letter is written from the person who will be actually doing the job - they use a different name to the profile name that applied, and even point out why there is a discrepancy (because they work for that person). So clearly nothing has happened.
Interesting insights: the "face" applies to the job with a proposal written by the faceless freelancer who does the work and not necessarily needs to have a profile on Upwork.
I should clarify that the person who applied today is one that has previously applied for one of my jobs, who I reported, and who I was told that their hourly jobs previously completed were from Elance. (I've reported a couple of different agencies and was getting confused about who I was talking to).
This time their application letter is written "from" the person who will be doing the job, like I said. I messaged them asking for clarification on how a potential hourly job would work and also received messages "from" this mysterious other person who does not have an Upwork profile of their own and who said the billing would be done through the profile of the agency owner (who applied to the job). So not only are they clearly stating they will subcontract a (future) hourly job, they appear to be sharing their account with their subcontractor.
(Yes, I know that the job I posted was for a fixed price job. It clearly indicated it was a trial for a future long term job, and I specifically asked in the message system how the hours for that job would be billed).
Now, let's say that it's decided, again, that this person is not breaking the rules. Regardless of that, as a client it's very confusing to receive an application from a profile named X signed by person Y. Who is Y? What is their job history and skills? What is their JSS? What is their feedback? What are their qualifications? And what will X's involvement be in this?
Why is it allowed that someone can apply with completely different info to the profile?
As i read all the points and the guidelines. So, am happy to do any kind of work but i need the faithfull and trustable owner who can work with me like a leader not like a Boss.
I Hope you can understand that.
re: "As i read all the points and the guidelines."
This is not true.
There are two possibilities:
a) You have read little or nothing about how Upwork functions.
b) You have understood nothing from what you have read.
You need to read in Upwork's Help documents and in the Community Forum. Continue readining extensively until you understand why your post is inappropriate.
Once you understand more about how Upwork works, then it will be okay for you to post a specific question, if you have one.
I've been reading about how Agency works but I don't think I caught anything about the tax regulations for it. If the agency has their own account, does this mean that they would need file their tax forms as an agency? Also, does it also mean that an agency bank account can be added?