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.
Philadelphia, Pennsylvania is a bustling city located in the northeastern United States. Known for its rich history, iconic landmarks, and vibrant culture, Philadelphia offers a diverse range of opportunities for self-employed independent contractors in various industries. One such industry is the transportation sector, specifically in trucking. In the trucking industry, self-employed owner/operators often enter into agreements with common carrier companies or organizations to provide their services as truck drivers. These agreements, known as Self-Employed Independent Contractor Agreements (Seas), outline the terms and conditions of the working relationship between the owner/operator truck driver and the common carrier company or organization. These Seas are essential as they establish the legal framework for the business relationship, ensuring both parties understand their rights and responsibilities. Let's explore the different types of Seas that can be found in Philadelphia, Pennsylvania. 1. Standard SELCA: This is the most common type of agreement, where the owner/operator truck driver enters into a contractual relationship with a common carrier company or organization. The agreement sets forth the terms of payment, work expectations, duration of the agreement, and any additional clauses or provisions relevant to the specific nature of the trucking industry. 2. Exclusive SELCA: In an exclusive SELCA, the owner/operator truck driver agrees to exclusively work for a specific common carrier company or organization. This type of agreement implies that the owner/operator will not seek or provide services to any other common carrier during the contract period. Typically, this agreement offers more stability and consistent work for the owner/operator. 3. Non-Exclusive SELCA: In contrast to exclusive Seas, non-exclusive agreements allow the owner/operator truck driver to work with multiple common carrier companies or organizations simultaneously. This flexibility enables the owner/operator to diversify their client base and potentially increase their earning potential. However, the terms, such as payment rates or priority of assignments, may vary between different companies. 4. Contract-to-Hire SELCA: A contract-to-hire SELCA provides the owner/operator truck driver with an opportunity to transition from being a self-employed contractor to a permanent employee of the common carrier company or organization. This type of agreement is often used as a preliminary trial period to assess compatibility before offering a full-time employment contract. 5. Short-Term SELCA: Short-term Seas are agreements with a specified duration, commonly utilized for short-haul or temporary assignments. These can range from a few days to several weeks or months, depending on the nature of the project or the company's requirements. Regardless of the type of SELCA, it is crucial for both the owner/operator truck driver and the common carrier company or organization to consult legal professionals experienced in the transportation sector to ensure that the agreement complies with all applicable laws and regulations in Philadelphia, Pennsylvania.
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.
