Payroll Policy for Workers
Effective January 1, 2023
In some geographic markets, Worksome provides employer of record payroll services. This allows Companies to hire Workers to provide services via the Worksome platform (or Worksome’s payroll partners) serving as employer of record (“Payroll Services”). Payroll Services provided are subject to this Payroll Policy and are only available to approved Company accounts. Worksome reserves the right to limit the access and use of Payroll Services at its sole discretion.
1. PAYROLL SERVICES
Worksome provides the following Payroll Services for Workers classified as statutory employees (or the local governing legal structure): onboarding, determining exempt/non-exempt status, maintaining payroll records, paying employee wages, withholding and remitting payroll taxes, processing court ordered garnishments and other legally-mandated deductions, reassigning, counseling, disciplining and discharging, managing work related claims and complaints, and compliance with health care and sick time law, as applicable.
Payroll Services may be performed by one or more of Worksome’s payroll partner companies. Worksome will comply with all applicable laws in satisfying its obligations under this Payroll Policy. The specific services may vary depending on the geographic market.
1.2. Payment of Wages
Worksome payroll payments include: salary or other base pay (as applies), commission, bonuses, overtime pay, vacation pay, sick time pay, paid time off, paid leaves of absence, and severance. Worksome will make all required deductions and withholdings required under applicable laws.
Worksome complies with all applicable laws governing the payment of wages including laws governing minimum wage, overtime, final payment on termination, and the timely payment of wages. For payroll Workers, Worksome will handle required reporting and remittance of payroll taxes and withholding, in compliance with all applicable laws.
1.3. New Hire Compliance
Worksome complies with applicable laws for new hire documentation and requires each payrolled Worker to complete all steps in the onboarding process. Worksome will not allow a Worker to work prior to the successful completion of the onboarding process.
1.4. Worker Screening
Upon Company’s request, Worksome may perform right to work and identification checks, background checks and other pre-employment screenings. All checks and screenings are performed in accordance with applicable law. Companies are responsible for specifying Company screenings and are responsible for all screening costs, including those for Workers who withdraw during the screening process, whose Booking Contract is terminated during the screening process, or who are disqualified as a result of the screening process. Worksome reviews the screening results to determine if the Worker is eligible for hire and informs Companies of that determination. Background checks and other pre-employment screening may be conducted using third-party service providers at Worksome’s discretion.
2. COMPANY’S RESPONSIBILITIES
2.1. Selection and Qualification of Workers
Companies are exclusively responsible for selecting Workers and determining whether they meet or exceed the Company’s requirements and for assessing the Worker’s qualification for each Assignment for which they have been selected. Worksome is not responsible for Worker selection or for determining any Worker’s suitability for a particular assignment.
2.2. Approval of Worker Timesheets
Payrolled Workers will use the Platform to submit weekly timesheets listing the hours worked during the period. The hiring Company is responsible for ensuring that hours reported by Workers are promptly reviewed, accepted, or disputed.
In the event the applicable law requires payment of wages before approval of each timesheet submitted by the Worker, Worksome will pay the Worker in accordance with the applicable law and will bill the Company for that payment.
2.3. Approval of Worker Expenses
Workers may use the Platform to submit pre-approved business-related expenses incurred during the course of their Assignments. The hiring Company is responsible for reviewing and approving all expenses submitted.
3. WORKER TERMINATION
As the employer of record, Worksome has the sole authority to terminate the employment of a Worker on payroll. Companies who want to suspend or terminate a Worker’s duties under the Booking Contract must promptly submit a written request to Worksome. Upon receipt, Worksome will process the termination request including communications on the reason for suspension or termination to the Worker. Worksome will analyze the request and determine if suspension or termination is permissible to ensure that any such action does not violate applicable laws. All information provided to Worksome as part of the termination process is of a material nature to the determination.
4. NOTIFICATION OF CLAIMS
The Company agrees to inform Worksome promptly if they have knowledge of any actual or potential employment-related claims regarding a Worker, including but not limited to oral or written complaints, charges, incidents, allegations, lawsuits, government investigations or audits, or change in employee status.
5. EQUAL OPPORTUNITY EMPLOYMENT
Worksome is an equal opportunity employer and complies with all anti-discrimination laws and regulations. The hiring Company agrees not to harass, discriminate against, or retaliate against any Worker due to the Worker’s race, ethnicity, national origin, age, sex, gender, gender identity, sexual orientation, religion, creed, disability, genetics, or any other trait protected by law, nor will it act in violation of any applicable anti-discrimination law or regulation. In the event of any complaint of unlawful discrimination, harassment, or retaliation, users must immediately notify Worksome and fully cooperate in the prompt investigation and resolution of all complaints.
6. TERMINATION OF PAYROLL SERVICES
Worksome may modify or terminate, in part or entirety, its Payroll Services at any time by providing written notice to the Company and Worker.