Although no definite rule exists for determining whether one is an independent contractor or employee, the main issue is the basic issue of control. The general test of what constitutes an independent contractor relationship involves which party has the right to direct what is to be done, and how and when. Another important test involves method of payment of the contractor.
An independent contractor is not an agent of the person he is contracting with. The main way to tell an independent contractor from an agent is the degree of control or supervision that the purported principal has over the agent or independent contractor. If there is no significant supervision over the contractor, there is no agency or liability for the actions of the independent contractor. An agent or an employee is different from an independent contractor. A principal or employer has control over an agent or employee, but not over an independent contractor. A principal or employer does not have control over the work performance of an independent contractor. A principal or employer is not bound by the actions of an independent contractor.
The North Dakota Self-Employed Independent Contractor Agreement is a legally binding contract that establishes the working relationship between an owner/operator truck driver and a common carrier company or organization operating in North Dakota. This agreement outlines the terms and conditions that govern the services provided by the owner/operator truck driver to the carrier company. Keywords: — North Dakota: This term specifies that the agreement is specific to the state's jurisdiction, adhering to its laws and regulations. — Self-Employed: Indicates that the truck driver is operating as an independent contractor and is responsible for their own business expenses. — Independent Contractor: Clarifies that the truck driver is not an employee of the carrier company but rather operates their own business and maintains control over their work. — Owner/Operator: Indicates that the truck driver owns and operates their own truck and equipment, differentiating them from company-employed drivers. — Truck Driver: Refers to the individual responsible for operating a truck and transporting goods. — Common Carrier Company or Organization: This term refers to the entity that is hiring the truck driver's services to transport goods. The company may be a freight forwarder, logistics provider, or another organization involved in the transportation industry. Within the North Dakota Self-Employed Independent Contractor Agreement, the contract may be further categorized into specific types based on the nature of the services provided, such as: — Local Hauling Agreement: This agreement focuses on trucking services within a specific localized region, rather than long-distance or interstate hauling. — Long-Distance Hauling Agreement: This agreement outlines the terms and conditions applicable to trucking services that involve long-distance or interstate transportation. — Dedicated Route Agreement: In this agreement, the truck driver is contracted to transport goods on a specific route for a predetermined period. — Seasonal Agreement: This agreement is designed for truck drivers who provide services during particular seasons or periods, such as during harvest time or holiday peak demand. These different types of agreements reflect the specific requirements, duration, and conditions associated with various aspects of trucking services provided by the owner/operator truck driver and the common carrier company or organization in North Dakota.The North Dakota Self-Employed Independent Contractor Agreement is a legally binding contract that establishes the working relationship between an owner/operator truck driver and a common carrier company or organization operating in North Dakota. This agreement outlines the terms and conditions that govern the services provided by the owner/operator truck driver to the carrier company. Keywords: — North Dakota: This term specifies that the agreement is specific to the state's jurisdiction, adhering to its laws and regulations. — Self-Employed: Indicates that the truck driver is operating as an independent contractor and is responsible for their own business expenses. — Independent Contractor: Clarifies that the truck driver is not an employee of the carrier company but rather operates their own business and maintains control over their work. — Owner/Operator: Indicates that the truck driver owns and operates their own truck and equipment, differentiating them from company-employed drivers. — Truck Driver: Refers to the individual responsible for operating a truck and transporting goods. — Common Carrier Company or Organization: This term refers to the entity that is hiring the truck driver's services to transport goods. The company may be a freight forwarder, logistics provider, or another organization involved in the transportation industry. Within the North Dakota Self-Employed Independent Contractor Agreement, the contract may be further categorized into specific types based on the nature of the services provided, such as: — Local Hauling Agreement: This agreement focuses on trucking services within a specific localized region, rather than long-distance or interstate hauling. — Long-Distance Hauling Agreement: This agreement outlines the terms and conditions applicable to trucking services that involve long-distance or interstate transportation. — Dedicated Route Agreement: In this agreement, the truck driver is contracted to transport goods on a specific route for a predetermined period. — Seasonal Agreement: This agreement is designed for truck drivers who provide services during particular seasons or periods, such as during harvest time or holiday peak demand. These different types of agreements reflect the specific requirements, duration, and conditions associated with various aspects of trucking services provided by the owner/operator truck driver and the common carrier company or organization in North Dakota.
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.
