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.
Description: The Fairfax Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legally binding contract that outlines the terms and conditions for a self-employed individual to drive and operate a mobile tire repair truck, providing tire repair services in Fairfax, Virginia. This agreement establishes the relationship between the independent contractor and the owner of the mobile tire repair service. Key Terms and Conditions: 1. Parties involved: The agreement identifies the self-employed independent contractor, who will be driving and repairing tires, and the owner of the mobile tire repair service. 2. Scope of services: The agreement specifies that the contractor will be responsible for driving and operating the mobile tire repair truck, carrying out tire repairs and replacements, inflating tires, and providing general tire maintenance. 3. Schedule: The contract outlines the working hours and days of operation for the tire repair service, ensuring that both parties are aware of the agreed-upon availability. 4. Compensation: The agreement details the payment structure for the independent contractor's services, whether it be an hourly rate, fixed fee, or commission-based arrangement. It should specify how and when the contractor will be compensated for their work. 5. Ownership of equipment: If applicable, the agreement addresses the ownership and maintenance responsibility of the mobile tire repair truck and other equipment used in the service provision. 6. Liability and insurance: The agreement should state that the contractor is responsible for obtaining appropriate insurance coverage to protect against any liabilities arising from their work. 7. Confidentiality and non-disclosure: If necessary, the contract may include provisions regarding the confidentiality of client information and trade secrets. 8. Termination clause: The agreement should outline the circumstances under which either party can terminate the contract, along with any required notice periods. Types of Fairfax Virginia Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires: 1. Full-Time Agreement: A comprehensive agreement that covers all aspects of the contractor's employment, including exclusive commitment to the mobile tire repair service. 2. Part-Time Agreement: A more flexible agreement that allows the independent contractor to work limited hours or on specific days agreed upon. 3. Exclusive Agreement: An agreement that ensures the contractor exclusively provides their tire repair services to the owner's mobile tire repair service within Fairfax, Virginia. 4. Non-Exclusive Agreement: A contract that permits the contractor to work for other mobile tire repair services while still providing services to the owner, allowing for more flexibility in their work schedule. By creating a detailed and customized Fairfax Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires, both parties can establish a clear understanding of their rights, obligations, and expectations, fostering a harmonious working relationship within the mobile tire repair industry in Fairfax, Virginia.Description: The Fairfax Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legally binding contract that outlines the terms and conditions for a self-employed individual to drive and operate a mobile tire repair truck, providing tire repair services in Fairfax, Virginia. This agreement establishes the relationship between the independent contractor and the owner of the mobile tire repair service. Key Terms and Conditions: 1. Parties involved: The agreement identifies the self-employed independent contractor, who will be driving and repairing tires, and the owner of the mobile tire repair service. 2. Scope of services: The agreement specifies that the contractor will be responsible for driving and operating the mobile tire repair truck, carrying out tire repairs and replacements, inflating tires, and providing general tire maintenance. 3. Schedule: The contract outlines the working hours and days of operation for the tire repair service, ensuring that both parties are aware of the agreed-upon availability. 4. Compensation: The agreement details the payment structure for the independent contractor's services, whether it be an hourly rate, fixed fee, or commission-based arrangement. It should specify how and when the contractor will be compensated for their work. 5. Ownership of equipment: If applicable, the agreement addresses the ownership and maintenance responsibility of the mobile tire repair truck and other equipment used in the service provision. 6. Liability and insurance: The agreement should state that the contractor is responsible for obtaining appropriate insurance coverage to protect against any liabilities arising from their work. 7. Confidentiality and non-disclosure: If necessary, the contract may include provisions regarding the confidentiality of client information and trade secrets. 8. Termination clause: The agreement should outline the circumstances under which either party can terminate the contract, along with any required notice periods. Types of Fairfax Virginia Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires: 1. Full-Time Agreement: A comprehensive agreement that covers all aspects of the contractor's employment, including exclusive commitment to the mobile tire repair service. 2. Part-Time Agreement: A more flexible agreement that allows the independent contractor to work limited hours or on specific days agreed upon. 3. Exclusive Agreement: An agreement that ensures the contractor exclusively provides their tire repair services to the owner's mobile tire repair service within Fairfax, Virginia. 4. Non-Exclusive Agreement: A contract that permits the contractor to work for other mobile tire repair services while still providing services to the owner, allowing for more flexibility in their work schedule. By creating a detailed and customized Fairfax Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires, both parties can establish a clear understanding of their rights, obligations, and expectations, fostering a harmonious working relationship within the mobile tire repair industry in Fairfax, Virginia.
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.
