Product-Specific Terms: Employer of Record Services Description
- EOR Services
- Onboarding: Work Location. Pebl shall cause its local Affiliate or ICP to serve as the legal employer of record of each Supported Worker in the jurisdiction designated as the Supported Worker's work location in the Onboarding Form as defined below ("Work Location"). If the Supported Worker requests to work from a jurisdiction other than the Work Location for any period of one (1) month or longer, Client shall give at least one (1) month’s prior notice to Pebl. For each Supported Worker, Pebl shall cause its local Affiliate or ICP to fulfill all duties required of an employer under Applicable Laws in the Work Location, including but not limited to registering the Supported Worker with relevant local government authorities, making any tax withholdings and/or payments required of employers in the Work Location (e.g., social security, etc.), providing any types of insurance and employee benefits required under Applicable Laws in the Work Location (i.e., workers' compensation, statutorily-mandated health insurance and/or pension, etc.), entering into a locally-enforceable and compliant employment agreement with the Supported Worker as further described below, administering leave/time off, expense reimbursements and other HR administrative items through the Platform and conducting the Offboarding of the Supported Worker in accordance with the "Offboardings" clause of the Agreement.
- Onboarding and Offboarding: Onboarding Forms. For each new Supported Worker, Client must complete and submit the onboarding/new hire form made available to Client by Pebl either through the Platform or a separate document ("Onboarding Form"). The Onboarding Form includes, but is not limited to, the Supported Worker's name, date of birth, nationality, contact information, salary and compensation information, job description, etc. Client represents and warrants that all information provided in the Onboarding Form is complete, true and accurate to the best of its knowledge at the time it is submitted. Client shall notify Pebl immediately of any changes to the provided information.Pebl reserves the right to refuse to employ and/or the right to conduct an Offboarding of any Supported Worker in its reasonable discretion, including but not limited to situations where employing the Supported Worker would violate Applicable Laws, require Pebl's local Affiliate or ICP to obtain additional insurance policies, employer licenses or registrations in the Work Location or otherwise cause undue hardship to Pebl.
- Onboarding: Work Authorization Status. Before proceeding with the onboarding process, Pebl shall verify the work authorization rights of the Supported Worker in the Work Location. Client shall provide reasonable cooperation to Pebl, including but not limited, to providing additional information about the Supported Worker upon request and giving Pebl permission to contact the Supported Worker to request additional documentation or information directly from the Supported Worker. Client acknowledges and agrees that Pebl cannot hire any Supported Worker unless and until it is able to verify their work authorization rights in the Work Location.
- Onboarding and Offboarding: Supported Worker Compensation Package. Client is responsible for providing the compensation and benefits package agreed upon with each Supported Worker ("Compensation Package") to Pebl prior to submitting the Onboarding Form for the applicable Supported Worker. The Compensation Package must (1) include only supplemental benefits offerings that Pebl offers in the Work Location, as communicated to Client by Pebl; (2) meet or exceed any minimum wage requirements and any other statutory minimums or entitlements relating to employee compensation or benefits under Applicable Laws in the Work Location; and (3) not include any non-standard compensation (as determined by Pebl in its sole discretion), including but not limited to in-kind compensation or payment in any cryptocurrency. The Compensation Package may include Equity-Based Compensation (as defined in and subject to the terms set forth at https://hellopebl.com/legal/employer-of-record-add-on-services/ ). All components of the Compensation Package will be provided to the applicable Supported Worker by Pebl's local Affiliate or ICP and Client shall not provide any forms of compensation directly to any Supported Worker, except as described below or unless otherwise approved in writing by Pebl. All Supported Workers will be paid in the local currency of their Work Location unless otherwise approved in writing by Pebl.
- Onboarding: Offer Letters. If Client wishes to provide an offer letter to a Supported Worker or candidate prior to the execution of the Employment Agreement (as defined below) Pebl shall provide an offer letter to Client for Client's review and approval and, once approved by Client, Pebl shall send the offer letter to the Supported Worker or candidate. Client acknowledges that providing an offer letter to a Supported Worker or candidate may increase its risk of Co-Employment (as defined below) and may constitute a legally-binding offer of employment in the applicable Work Location.
- Compliant Employment Contracts. Upon Client's completion and submission of the Onboarding Form, Pebl shall provide an employment agreement to be signed by the applicable Supported Worker and Pebl's local Affiliate or ICP ("Employment Agreement") to Client for review and approval. If required or advisable under Applicable Laws in the Work Location, Pebl shall also provide ancillary employment-related agreements, documents and/or policies (together with the Employment Agreement, (the "Employment Package") to Client for review and approval. The Parties acknowledge that the Employment Agreement, Employment Package (if applicable) and Compensation Package must be approved by Client before Pebl extends them to the Supported Worker for review and signature and the Supported Worker must sign the Employment Agreement and any documents in the Employment Package that require signature before Pebl proceeds with the onboarding.
Pebl represents and warrants to Client that each Employment Agreement and Employment Package, to the extent commercially reasonable, (1) is enforceable under, complies with and meets the requirements of all Applicable Laws in the Work Location; and (2) protects Client's interests with respect to confidentiality of Client's Confidential Information, restrictive covenants and Developed Intellectual Property (as defined below) to the fullest extent that such protections are enforceable under and compliant with Applicable Laws in the Work Location and do not present an unacceptable level of financial, compliance, Co- Employment (as defined below) or other legal risk, as determined by Pebl.
If Client requests changes to the Employment Agreement and/or Employment Package that require local outside counsel review to ensure the requested changes meet the standards of this clause, Pebl shall advise Client that such review is needed and obtain a quote for Client's review and approval. If Client approves the quote, Pebl shall direct local outside counsel to proceed with the review and Pebl shall charge the amount it actually incurs (up to a maximum of the quoted and approved amount) to Client as a Pass- Through Cost (as defined below). Client acknowledges that Pebl does not control the timeline of local outside counsel's review and approving such a review may delay the Supported Worker's onboarding and/or anticipated Start Date (as defined below).
- Onboarding: Side Documents. Pebl recommends against Client issuing any policies, codes of conduct or other documents to any Supported Worker or signing any agreements directly with any Supported Worker ("Side Documents") because doing so may increase the risk of Co-Employment (as defined below). However, Client may issue or sign Side Documents with a Supported Worker provided that by doing so, Client acknowledges and accepts (1) the increased risk of Co-Employment; (2) that none of the representations or warranties set forth in these EOR Terms apply to any Side Documents; and (3) that Pebl will not issue or arrange signatures on any Side Documents on Client's behalf.
- Onboarding : Licensing and Regulatory Requirements. Client shall ensure that all Supported Workers meet any and all industry-specific or job-specific licensing and/or regulatory requirements that apply to employees under Applicable Laws in the Work Location at all times during their employment. Client acknowledges and agrees that some job types or responsibilities cannot be supported by Pebl's local Affiliate or ICP due to industry- specific or job-specific licensing and/or regulatory requirements that apply to employers under Applicable Laws in the Work Location. If such a situation exists, Pebl shall give notice to Client after submission of the Onboarding Form and the Parties will cooperate in good faith to either modify the job type and/or responsibilities so that the licensing and/or regulatory requirements do not apply or to reach a separate agreement regarding compliance with the licensing and/or regulatory requirements.
- Payroll Management. Upon Client's timely payment of all applicable Invoice Amounts in accordance with the "Payment Terms" section below, Pebl shall cause its local Affiliate or ICP to process the payroll of the Supported Workers and pay the Supported Workers on a timely basis each pay cycle in accordance with the payroll calendar for the applicable month and Work Location ("Payroll Calendar"), which will be communicated to Client in advance on an as-needed basis. The Payroll Calendar will include the date after which no new Supported Workers can be onboarded in that same month ("New Joiner Cutoff"), which is the 10th of the month (or the last business day before the tenth (10th) of the month if the tenth (10th) falls on a US public holiday or weekend) unless set forth otherwise in the Payroll Calendar, the date by which payroll additions (i.e., changes to salary, bonuses, variable compensation, etc.) ("Additions") must be submitted to Pebl for inclusion in the next payroll cycle, and the date the Supported Worker(s) will be paid. If the Onboarding Form for a new Supported Worker is completed and submitted by Client after the New Joiner Cutoff, the Supported Worker's Start Date will be set for the following month.
- Time and Expense Management. Client shall use and cause the Supported Worker(s) to use (1) the Platform for submitting, requesting and approving Supported Worker leave/time off requests, Additions, and any other categories of employment-related administrative items as communicated by Pebl; and (2) the expense reimbursement management system specified by Pebl for submitting and approving Supported Worker business expenses. Client acknowledges that Pebl's obligations to administer such items are contingent upon Client and the Supported Worker(s) making proper use of the Platform and expense reimbursement management system.