Freelancer is under the age of 18. What steps do I need to take now?

[ef30d8df]

I was recently informed that the freelancer I have formed a contract with is under the age of 18. My contract number ID is: 24365461 and they have already clocked an hour and some change.

What should be the proper steps to take in this situation?

[JoanneP]

Hi Alec,

Thanks for bringing this to our attention. I have shared this with the team for review. Could you also send me a PM with more information so that I can include this in my report to the team? You can click on my name to send me a PM.

[boonegarrett]

Hi Joanne, I have a question.

Related to this topic of under-18 freelancers, the Terms of Service seem to be contradicting guidance given elsewhere in the forum. TOS states regarding account eligibility in section 1.2(d): are either a legal entity or an individual who is 18 years or older. (Emphasis mine)

So, for those who have created a legal entity and are under 18, it appears to permit this. I don't know if this particular instance involves an under-18 freelancer with an established LLC, for example, but if it did - can you confirm Upwork provides allowance for this arrangement?

Garrett

[VladimirG]

Hi Garrett,

Thank you for raising this question. If the freelancer is a legal entity, they would still need to be able to enter into binding contracts on behalf of the LLC:

(d) are either a legal entity or an individual who is 18 years or older ... in each case who can form legally binding contracts.

Binding the legal entity to a contract (i.e., signing a contract on behalf of the LLC), requires the freelancer to be 18 in many jurisdictions, even if the freelancer is signing on behalf of an LLC. So simply having a legal entity is typically not sufficient to meet the requirements of the User Agreement. 

[boonegarrett]

Thank your for the response - may I ask a follow-up question?

If all binding contracts for an LLC are authorized by a non-minor LLC member, then this leaves the question regarding the actual freelancer, as the Terms of Service (as written) allow for a legal entity...yet the account set-up process does not establish a legal entity in the relationship to Upwork (but the banking set-up would in comparison).

The TOS do not explicitly prohibit minors as LLCs can have minor-aged members, and legal entities are permitted.

TOS seems to permit a minor freelancer working in an LLC with a non-minor member, yes? Would the LLC's non-minor member then be required to establish the account, and/or is this an example of Upwork's definition of an Agency?

Thank you for clarification, as there is much written about LLC creation, but not many details to find regarding Upwork restrictions with regard to the LLC's members. I am not suggesting Upwork has failed to address the issue, as legally it permits the scenario of a minor - however, the account creation process does not address this scenario.

-Garrett

[VladimirG]

Hi Garret,

The Terms of Service require all users - any user who creates an account - to be able to "form binding contracts", regardless of whether they are an LLC member or not.  In most jurisdictions, minors are not able to do so.

[f52220f9]

Is there anything a 16 year old can do to be eligable to work through upwork with parental permission? If the 16 year old owns an LLC, but the parents hold the majority of the LLC, can the 16 year old work under that LLC within upwork?

[BojanS]

Hi Logan,

Upwork requires users to be 18 years or older to utilize the site. Our team will reach out to you directly via a support ticket to further advise you regarding this concern. 

[jamespelumi]

Hi, Good day. Please can I also get information and advice concerning this?

Also, there are some age range specific jobs on Upwork like "voice over by a 10 year old...", "...... by a 15 year old" and the likes. Which kinds of people are supposed to respond to these jobs. 

Thanks.

[boonegarrett]

Adult types... who either sound like 10 and 15 year old, or who represent off-platform workers via an agency.

[9667454d]

Hello, Bojan. I'm Waqas, and I'm 16 years old. I'd want to work as a freelancer on Upwork since I have the necessary abilities. Can you possibly assist me in this regard? I am an expert in video editing and WordPress programming, as well as a level one seller on Fiverr. I can show you a copy of my birth certificate as well as my CRC. Please assist me.

[martina_plaschka]

Fiverr doesn't have age requirements? That is hard to believe. 

In any case, you need to be 18 to work on upwork. You confirmed to be 18 or older when you signed up, so I really don't know how you can remedy that now. 

[9694ac8d]

Hi, I have the same issue can you let the team reach me too?
I tried sending a PM but your'e account is Private

[c62a3665]

Hey, i had a question. What if the freelancer has already made some money on upwork being unaware of the policy. Will they be not able to withdraw the money anymore even after completing the contract?

[kochubei_valeria]

Hi Spandan,

In such cases, our support team would be assisting the freelancer with the situation and the balance on their financial account and I would recommend referring to the notifications sent by Upwork team to the freelancer for further steps. 

[9b0cfde5]

Hello,

Can I verify my account with the help of a birth certificate (Bay form)? 

[759e32fa]

Hi Ali,

Acceptable documents to verify your identity include a passport, national ID card (NIC/CNIC), driver's license, NBI Clearance (Philippines only), tax ID, voter ID, postal ID, or any other valid government-issued photo ID that meets these criteria.