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.
Wake North Carolina Self-Employed Independent Contractor Agreement Between an Owner / Operator Truck Driver and Common Carrier Company or Organization: The Wake North Carolina Self-Employed Independent Contractor Agreement is a legally binding contract between an Owner/Operator Truck Driver and a Common Carrier Company or Organization operating in the Wake County area of North Carolina. The agreement outlines the terms and conditions governing the business relationship between the parties involved. Key terms and clauses covered in the Wake North Carolina Self-Employed Independent Contractor Agreement may include: 1. Parties: Identifies the contracting parties involved, including the Owner/Operator Truck Driver and the Common Carrier Company or Organization. 2. Term: Specifies the duration of the agreement, including the start and end dates, renewals, and termination clauses. 3. Scope of Services: Defines the specific services to be provided by the Owner/Operator Truck Driver, such as transporting goods, materials, or equipment from one location to another within the Wake County area. 4. Compensation and Payment Terms: Outlines the payment structure, including rates, breakdowns, and invoicing procedures. It may cover how and when the Owner/Operator will be paid for their services. 5. Independent Contractor Status: Clearly states the relationship between the parties as independent contractors, emphasizing that the Owner/Operator Truck Driver is not an employee of the Common Carrier Company or Organization. 6. Insurance and Liability: Specifies the insurance coverage required by the Owner/Operator, including liability and cargo insurance, as well as any indemnification clauses. 7. Maintenance and Repairs: Details the responsibility for maintenance, repairs, and servicing of the truck and equipment used by the Owner/Operator. 8. Compliance with Laws and Regulations: Ensures that both parties comply with all applicable federal, state, and local laws, regulations, and permitting requirements related to trucking and transportation services in Wake County. Different types of Wake North Carolina Self-Employed Independent Contractor Agreement Between an Owner / Operator Truck Driver and Common Carrier Company or Organization may include variations based on specific industry requirements or unique circumstances. Some variants may be tailored for hazardous materials' transportation, long-haul trucking, local delivery services, or specialized equipment transportation. Regardless of the specific type, the Wake North Carolina Self-Employed Independent Contractor Agreement serves as a foundation for establishing a clear and transparent working relationship between an Owner/Operator Truck Driver and a Common Carrier Company or Organization in the Wake County area. It ensures that both parties understand their rights, responsibilities, and the terms under which they will conduct business.Wake North Carolina Self-Employed Independent Contractor Agreement Between an Owner / Operator Truck Driver and Common Carrier Company or Organization: The Wake North Carolina Self-Employed Independent Contractor Agreement is a legally binding contract between an Owner/Operator Truck Driver and a Common Carrier Company or Organization operating in the Wake County area of North Carolina. The agreement outlines the terms and conditions governing the business relationship between the parties involved. Key terms and clauses covered in the Wake North Carolina Self-Employed Independent Contractor Agreement may include: 1. Parties: Identifies the contracting parties involved, including the Owner/Operator Truck Driver and the Common Carrier Company or Organization. 2. Term: Specifies the duration of the agreement, including the start and end dates, renewals, and termination clauses. 3. Scope of Services: Defines the specific services to be provided by the Owner/Operator Truck Driver, such as transporting goods, materials, or equipment from one location to another within the Wake County area. 4. Compensation and Payment Terms: Outlines the payment structure, including rates, breakdowns, and invoicing procedures. It may cover how and when the Owner/Operator will be paid for their services. 5. Independent Contractor Status: Clearly states the relationship between the parties as independent contractors, emphasizing that the Owner/Operator Truck Driver is not an employee of the Common Carrier Company or Organization. 6. Insurance and Liability: Specifies the insurance coverage required by the Owner/Operator, including liability and cargo insurance, as well as any indemnification clauses. 7. Maintenance and Repairs: Details the responsibility for maintenance, repairs, and servicing of the truck and equipment used by the Owner/Operator. 8. Compliance with Laws and Regulations: Ensures that both parties comply with all applicable federal, state, and local laws, regulations, and permitting requirements related to trucking and transportation services in Wake County. Different types of Wake North Carolina Self-Employed Independent Contractor Agreement Between an Owner / Operator Truck Driver and Common Carrier Company or Organization may include variations based on specific industry requirements or unique circumstances. Some variants may be tailored for hazardous materials' transportation, long-haul trucking, local delivery services, or specialized equipment transportation. Regardless of the specific type, the Wake North Carolina Self-Employed Independent Contractor Agreement serves as a foundation for establishing a clear and transparent working relationship between an Owner/Operator Truck Driver and a Common Carrier Company or Organization in the Wake County area. It ensures that both parties understand their rights, responsibilities, and the terms under which they will conduct business.
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.
