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.
The Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legal document that outlines the terms and conditions for the self-employed contractor to drive the mobile tire repair truck and provide tire repair services. This agreement is specifically designed for individuals or companies operating in Harris County, Texas. Keywords: Harris Texas Agreement, Self-Employed Independent Contractor, Owner of Mobile Tire Repair Service, Mobile Tire Repair Truck, Repair Tires, Harris County, Texas. Different types of Harris Texas Agreements in the context of a self-employed independent contractor and owner of a mobile tire repair service may include: 1. Standard Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: This agreement establishes the general terms and conditions regarding the contractor's responsibilities, compensation, liability, and duration of the contract. 2. Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Driving Services: This type of agreement specifically focuses on the contractor's duties and obligations related to driving the mobile tire repair truck, including adhering to traffic laws, maintaining a clean driving record, and ensuring the safe transportation of equipment. 3. Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Tire Repair Services: This agreement primarily outlines the contractor's responsibilities, expertise, and standards required for repairing tires. It may include provisions on providing quality service, using appropriate tools and techniques, and maintaining inventory. 4. Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Compensation and Payment Terms: This type of agreement focuses on the financial aspects, such as the contractor's payment structure (hourly, commission-based, per repair, etc.), reimbursement for expenses, and the frequency and method of payment. 5. Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Confidentiality and Non-Disclosure: This agreement aims to protect sensitive information, trade secrets, and client data by outlining the contractor's obligations to maintain confidentiality and not to disclose any proprietary information to third parties. Note: These are general categories/topics that can be included in a Harris Texas Agreement between a self-employed independent contractor and the owner of a mobile tire repair service. The specific terms and sections may vary depending on the unique requirements and preferences of the parties involved. It is always recommended consulting with a lawyer or legal professional for drafting or modifying any legal agreement.The Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legal document that outlines the terms and conditions for the self-employed contractor to drive the mobile tire repair truck and provide tire repair services. This agreement is specifically designed for individuals or companies operating in Harris County, Texas. Keywords: Harris Texas Agreement, Self-Employed Independent Contractor, Owner of Mobile Tire Repair Service, Mobile Tire Repair Truck, Repair Tires, Harris County, Texas. Different types of Harris Texas Agreements in the context of a self-employed independent contractor and owner of a mobile tire repair service may include: 1. Standard Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: This agreement establishes the general terms and conditions regarding the contractor's responsibilities, compensation, liability, and duration of the contract. 2. Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Driving Services: This type of agreement specifically focuses on the contractor's duties and obligations related to driving the mobile tire repair truck, including adhering to traffic laws, maintaining a clean driving record, and ensuring the safe transportation of equipment. 3. Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Tire Repair Services: This agreement primarily outlines the contractor's responsibilities, expertise, and standards required for repairing tires. It may include provisions on providing quality service, using appropriate tools and techniques, and maintaining inventory. 4. Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Compensation and Payment Terms: This type of agreement focuses on the financial aspects, such as the contractor's payment structure (hourly, commission-based, per repair, etc.), reimbursement for expenses, and the frequency and method of payment. 5. Harris Texas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Confidentiality and Non-Disclosure: This agreement aims to protect sensitive information, trade secrets, and client data by outlining the contractor's obligations to maintain confidentiality and not to disclose any proprietary information to third parties. Note: These are general categories/topics that can be included in a Harris Texas Agreement between a self-employed independent contractor and the owner of a mobile tire repair service. The specific terms and sections may vary depending on the unique requirements and preferences of the parties involved. It is always recommended consulting with a lawyer or legal professional for drafting or modifying any legal agreement.
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.
