oDesk recently changed it's terminology around. I have to admit, I do like most of the terms that they've chosen - some for good reason and others just because of preference.
For example, "Providers" are now called "Contractors" and "Candidacies" are now called "Job Applications". These terms are a little more clear than the previous terms and as a result help keep the role of a freelance professional well defined.
But, they also made what - in my opinion - is a very bad choice with these new terms. oDesk chose to change the term "Buyer" - the person who is seeking to hire a freelance professional - to the term "Employer". Although they believe that this term is more clear to new members, the term itself is not accurate and has already led to some problems with existing members.
If you currently get a lot of projects through oDesk, you may need to check with your tax advisor to see if this new terminology will effect you. So far, it seems to really only have legal implications for people who have extenuating circumstances such as disability pensions or certain school loans. Check with your tax advisor to be sure that you don't run into any problems regarding this new terminology.
If you find that you are in a situation that this will affect you legally, there are some steps that you can take to help work around this new terminology.
First, set your oDesk profile to private to keep new "employers" from being able to find you. I know - this limits your potential for finding new projects; however, if you need to protect your current tax standings this is an important step.
Second, use other means of finding clients yourself. Personally, I have several methods through which someone can find me, and I often write proposals to various sites regarding possibly submitting content. You can do anything from a simple link on your blog or Facebook profile that says "Hire me on oDesk" or even go so far as to print out business cards to hand to people in your area.
Third, once you've found the clients and set the terms for the project, be sure to have a written contract detailing the terms of the project (include a clause that you are not an employee!). Then have them set up their "employer" account on oDesk, post the job as a private posting, and invite you to the interview. Once they hire you, be sure that the rate is set as you've already agreed.
Following these steps will, effectively, turn oDesk into little more than a payment gateway for yourself. These are steps that I have already started to implement, myself. The nice part about going through these steps is that it takes away the need to bid on projects or write countless cover letters yet still gives you that really nice payment guarantee for hourly work.
If you do decide to follow these steps, there are two very, very important things to remember:
1. oDesk is not responsible for any contract you sign or write up between you and your client. They are responsible only for their own contracts and user agreements. oDesk will not mediate any disputes regarding the contract you sign with your new clients.
2. oDesk still does not offer any guaranteed payment for fixed prices through their system, even with an outstanding contract. Although, having this contract may entitle you to some legal course of action should something go wrong with your payment - you will not be able to use oDesk's dispute options.
Additionally, you can choose to skip step 1 and continue to allow oDesk's "employers" to find you. However - it becomes more important than ever to have an agreement written up and signed that states that although oDesk has chosen to classify them as an employer - they are not your employer. They are your client and have chosen to hire your services on a freelancing basis via an outsourcing venue.
Again, this new terminology may not even affect you - and if it does not affect you, then continue bidding and working as you always have. However, if it is effecting you, hopefully these tips will allow you to continue to work through what is still one of the best freelancing sites without suddenly falling into legal problems!
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