An independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. No one factor is controlling, and the characterization of the relationship by the parties is also not controlling.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees. Whether or not such control was exercised is not the determining factor, it is the right to control which is key.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
Title: Hawaii Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: Driving and Repairing Tires Description: Are you a tire repair professional looking for an exciting opportunity in Hawaii? Look no further! Our self-employed independent contractor agreement offers a unique chance for experienced individuals to become part of our Mobile Tire Repair Service team. Drive our well-equipped Mobile Tire Repair Truck across the beautiful landscapes of Hawaii while providing essential tire repair services to motorists in need. Keywords: Hawaii agreement, self-employed independent contractor, mobile tire repair service, drive Mobile Tire Repair Truck, repair tires Types of Hawaii Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: 1. Hawaii Agreement for Mobile Tire Repair Service: This agreement outlines the terms and conditions between a self-employed independent contractor and the owner of a mobile tire repair service with a focus on repairing tires. It defines the scope of work, compensation, responsibilities, and agreement duration. 2. Hawaii Agreement for Mobile Tire Repair Truck Driver: Designed specifically for experienced drivers, this agreement entails the responsibilities of a self-employed independent contractor who will exclusively drive the Mobile Tire Repair Truck. It covers aspects such as maintenance, fuel reimbursement, vehicle care, and compliance with local traffic laws. 3. Hawaii Agreement for Mobile Tire Repair Technician: Ideal for tire repair specialists, this agreement primarily concentrates on the services provided by independent contractors who perform tire repairs and replacements. It outlines performance expectations, work schedule flexibility, necessary certifications, and adherence to safety procedures. 4. Hawaii Agreement for Full-Service Mobile Tire Repair Contractor: For individuals capable of both driving the Mobile Tire Repair Truck and conducting tire repairs, this comprehensive agreement covers all aspects of the role. It includes driving responsibilities, repair services, customer interactions, invoicing, and any additional duties required. By participating in our Hawaii Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service, you can enjoy the freedom of being your own boss while working in a stunning environment. Join our team and provide essential tire repair solutions to the people of Hawaii, ensuring their safe and uninterrupted travel experience throughout the islands.Title: Hawaii Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: Driving and Repairing Tires Description: Are you a tire repair professional looking for an exciting opportunity in Hawaii? Look no further! Our self-employed independent contractor agreement offers a unique chance for experienced individuals to become part of our Mobile Tire Repair Service team. Drive our well-equipped Mobile Tire Repair Truck across the beautiful landscapes of Hawaii while providing essential tire repair services to motorists in need. Keywords: Hawaii agreement, self-employed independent contractor, mobile tire repair service, drive Mobile Tire Repair Truck, repair tires Types of Hawaii Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: 1. Hawaii Agreement for Mobile Tire Repair Service: This agreement outlines the terms and conditions between a self-employed independent contractor and the owner of a mobile tire repair service with a focus on repairing tires. It defines the scope of work, compensation, responsibilities, and agreement duration. 2. Hawaii Agreement for Mobile Tire Repair Truck Driver: Designed specifically for experienced drivers, this agreement entails the responsibilities of a self-employed independent contractor who will exclusively drive the Mobile Tire Repair Truck. It covers aspects such as maintenance, fuel reimbursement, vehicle care, and compliance with local traffic laws. 3. Hawaii Agreement for Mobile Tire Repair Technician: Ideal for tire repair specialists, this agreement primarily concentrates on the services provided by independent contractors who perform tire repairs and replacements. It outlines performance expectations, work schedule flexibility, necessary certifications, and adherence to safety procedures. 4. Hawaii Agreement for Full-Service Mobile Tire Repair Contractor: For individuals capable of both driving the Mobile Tire Repair Truck and conducting tire repairs, this comprehensive agreement covers all aspects of the role. It includes driving responsibilities, repair services, customer interactions, invoicing, and any additional duties required. By participating in our Hawaii Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service, you can enjoy the freedom of being your own boss while working in a stunning environment. Join our team and provide essential tire repair solutions to the people of Hawaii, ensuring their safe and uninterrupted travel experience throughout the islands.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
