Apr 27, 2020 03:56:44 PM by Lena E
Apr 27, 2020 03:56:44 PM by Lena E
When writing a project description for an independent contractor, it’s easy to unknowingly make a compliance error that can get the company in trouble. Here’s how to write a compliant post that keeps the company safe, and helps you get your work done.
To remain compliant, try to avoid talking about the person who will do the work (e.g., “looking for an enthusiastic self-starter”). Only talk about the work you need done. Your project post should include three main parts:
As you can see from the sample below, the post doesn’t need to be long. It just needs to provide enough detail to attract the right talent, and for them to submit an accurate proposal.
To decrease misclassification risk when you’re seeking an IC, your project description should never:
What’s more, you should never require ICs to perform work that’s not specified in an agreed-upon contract. As part of the investment in their business, ICs have expertise and the tools to perform their services. You should never provide tools, training, or equipment to do the work.
For U.S. workers, this at-a-glance chart shows the general differences between an independent contractor and an employee, which can vary based on the applicable law and circumstances:
If you have high demand for ICs, or you have longer-term projects, consider using a compliance service. In most cases, an outside compliance service is safer and often less expensive than handling classification in-house.
Be sure to choose a service that sweats the details. “If you use a compliance service, make sure it doesn’t take a once and done approach,” suggests Kim Owens, senior employment counsel at Upwork. “A compliance service should classify for every project, and do so for every location where you may engage talent.”
Partner with someone like the Upwork Compliance Solution, which handles everything and offers indemnification from risk. Then you can focus on your work without worrying about misclassification risk. Until then, follow these tips to writing effective and safe project descriptions.
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