San Jose California Acuerdo entre Médico como Contratista Independiente por Cuenta Propia y Corporación Profesional - Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation

• Category: Empleo - Contratistas independientes - Médicos
• State: Multi-State
• City: San Jose
• Control #: US-00771BG
• Format: Word

Description

A corporation may be organized for the business of conducting a profession. These are known as professional corporations. Doctors, attorneys, engineers, and CPAs are the types of professionals who may form a professional corporation. Usually there is a designation P.A. or P.C. after the corporate name in order to show that this is a professional association or professional corporation. Although no definite rule exists for determining whether one is an independent contractor or an employee, certain indicia of the status of an independent contractor are recognized, and the insertion of provisions embodying these indicia in the contract will help to insure that the relationship reflects the intention of the parties. These indicia generally relate to 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 the method of payment of the contractor. Title: San Jose California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation Keywords: San Jose California, agreement, physician, self-employed, independent contractor, professional corporation Introduction: The San Jose California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation is a legally binding document that outlines the terms and conditions of the relationship between a physician and a professional corporation. This agreement is specific to San Jose, California, and governs how the physician will provide services as an independent contractor for the professional corporation. Types of San Jose California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation: 1. Employment/Service Agreement: This type of agreement establishes a formal employer-employee relationship between the physician and the professional corporation. It lays out the expectations, compensation terms, benefits, and duties of the physician as an employee of the professional corporation. 2. Independent Contractor Agreement: In this agreement, the physician works as an independent contractor for the professional corporation. It defines the terms of engagement, compensation structure, liabilities, and responsibilities of both parties. This agreement clarifies that the physician is not an employee but rather a separate entity providing services to the corporation. 3. Non-Compete Agreement: Non-compete agreements are often included as a clause within the primary agreement. It prohibits the physician from working for any competing entity within a specified geographical area for a certain period after leaving the professional corporation. Key Elements of the Agreement: 1. Parties Involved: Clearly state the legal names and addresses of both the physician and the professional corporation. Include any relevant identification numbers. 2. Term and Termination: Outline the duration of the agreement, including any provisions for renewal or termination. State the reasons and conditions under which either party can terminate the agreement. 3. Scope of Work: Detail the services the physician will be providing to the professional corporation. Specify the expected work hours, location, and any restrictions or limitations. 4. Compensation and Benefits: Clearly define the compensation structure, including payment terms, billing procedures, and any potential bonuses or incentives. Specify the benefits, such as health insurance, retirement plans, or vacation days, if applicable. 5. Obligations and Responsibilities: Describe the duties and responsibilities of both parties involved. Include any specific obligations, such as maintaining licenses, certifications, and following the professional standards and regulations imposed by relevant authorities. 6. Confidentiality and Non-Disclosure: Include language to protect sensitive information and patient confidentiality. Clearly state the physician's obligations to maintain patient privacy and the corporate information. 7. Mediation and Arbitration: Specify how disputes or disagreements will be resolved, whether through mediation, arbitration, or litigation. Include the jurisdiction and venue for any legal actions. Conclusion: The San Jose California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation is a comprehensive and essential document that ensures a clear understanding of the relationship between a physician and a professional corporation in San Jose, California. By addressing the key elements mentioned above, this agreement provides a solid foundation for a mutually beneficial and legally compliant partnership.

Title: San Jose California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation Keywords: San Jose California, agreement, physician, self-employed, independent contractor, professional corporation Introduction: The San Jose California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation is a legally binding document that outlines the terms and conditions of the relationship between a physician and a professional corporation. This agreement is specific to San Jose, California, and governs how the physician will provide services as an independent contractor for the professional corporation. Types of San Jose California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation: 1. Employment/Service Agreement: This type of agreement establishes a formal employer-employee relationship between the physician and the professional corporation. It lays out the expectations, compensation terms, benefits, and duties of the physician as an employee of the professional corporation. 2. Independent Contractor Agreement: In this agreement, the physician works as an independent contractor for the professional corporation. It defines the terms of engagement, compensation structure, liabilities, and responsibilities of both parties. This agreement clarifies that the physician is not an employee but rather a separate entity providing services to the corporation. 3. Non-Compete Agreement: Non-compete agreements are often included as a clause within the primary agreement. It prohibits the physician from working for any competing entity within a specified geographical area for a certain period after leaving the professional corporation. Key Elements of the Agreement: 1. Parties Involved: Clearly state the legal names and addresses of both the physician and the professional corporation. Include any relevant identification numbers. 2. Term and Termination: Outline the duration of the agreement, including any provisions for renewal or termination. State the reasons and conditions under which either party can terminate the agreement. 3. Scope of Work: Detail the services the physician will be providing to the professional corporation. Specify the expected work hours, location, and any restrictions or limitations. 4. Compensation and Benefits: Clearly define the compensation structure, including payment terms, billing procedures, and any potential bonuses or incentives. Specify the benefits, such as health insurance, retirement plans, or vacation days, if applicable. 5. Obligations and Responsibilities: Describe the duties and responsibilities of both parties involved. Include any specific obligations, such as maintaining licenses, certifications, and following the professional standards and regulations imposed by relevant authorities. 6. Confidentiality and Non-Disclosure: Include language to protect sensitive information and patient confidentiality. Clearly state the physician's obligations to maintain patient privacy and the corporate information. 7. Mediation and Arbitration: Specify how disputes or disagreements will be resolved, whether through mediation, arbitration, or litigation. Include the jurisdiction and venue for any legal actions. Conclusion: The San Jose California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation is a comprehensive and essential document that ensures a clear understanding of the relationship between a physician and a professional corporation in San Jose, California. By addressing the key elements mentioned above, this agreement provides a solid foundation for a mutually beneficial and legally compliant partnership.

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.