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.
Title: The San Diego California Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: Offers Lucrative Opportunities to Drive the Mobile Tire Repair Truck and Repair Tires Introduction: In San Diego, California, the Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service opens up an exciting career path for skilled professionals looking to drive mobile tire repair trucks and specialize in tire repair services. This contractual agreement aims to outline the responsibilities, terms, and conditions to ensure a successful partnership. With the growing demand for efficient and convenient on-site tire repair services, this agreement facilitates a mutually beneficial relationship between independent contractors and service providers. Keywords: San Diego California, agreement, self-employed, independent contractor, mobile tire repair service, drive, repair tires, partnership, on-site tire repair services 1. San Diego California Independent Contractor and Mobile Tire Repair Service Agreement: This variant of the agreement focuses on the specific requirements and obligations involved in hiring self-employed independent contractors for the mobile tire repair service. It lays out the nature of the partnership, compensation details, and responsibilities catered to San Diego, California. Keywords: San Diego California, independent contractor, mobile tire repair service, partnership, compensation, responsibilities 2. San Diego California Mobile Tire Repair Truck Driver Agreement: This agreement variant highlights the crucial role of the mobile tire repair truck driver. It details the expectations, compensation terms, and performance metrics for the individuals responsible for driving and operating the mobile tire repair trucks within San Diego, California. Keywords: San Diego California, mobile tire repair truck, driver, compensation, performance metrics, expectations 3. San Diego California Tire Repair Specialist Agreement: Designed for tire repair specialists operating in San Diego, California, this agreement variant explicitly outlines the duties, compensation, and specialized skills required for the efficient repair of tires. It ensures compliance with industry standards and customer satisfaction in mobile tire repair services. Keywords: San Diego California, tire repair specialist, duties, compensation, specialized skills, industry standards, customer satisfaction Conclusion: San Diego, California, provides numerous opportunities for self-employed independent contractors to collaborate with the owners of mobile tire repair services. By entering into a well-defined agreement, both parties can establish a productive working relationship while catering to the rising demand for on-site tire repair services. The tailored agreements ensure clarity, accountability, and professionalism, thus benefiting all parties involved.Title: The San Diego California Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: Offers Lucrative Opportunities to Drive the Mobile Tire Repair Truck and Repair Tires Introduction: In San Diego, California, the Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service opens up an exciting career path for skilled professionals looking to drive mobile tire repair trucks and specialize in tire repair services. This contractual agreement aims to outline the responsibilities, terms, and conditions to ensure a successful partnership. With the growing demand for efficient and convenient on-site tire repair services, this agreement facilitates a mutually beneficial relationship between independent contractors and service providers. Keywords: San Diego California, agreement, self-employed, independent contractor, mobile tire repair service, drive, repair tires, partnership, on-site tire repair services 1. San Diego California Independent Contractor and Mobile Tire Repair Service Agreement: This variant of the agreement focuses on the specific requirements and obligations involved in hiring self-employed independent contractors for the mobile tire repair service. It lays out the nature of the partnership, compensation details, and responsibilities catered to San Diego, California. Keywords: San Diego California, independent contractor, mobile tire repair service, partnership, compensation, responsibilities 2. San Diego California Mobile Tire Repair Truck Driver Agreement: This agreement variant highlights the crucial role of the mobile tire repair truck driver. It details the expectations, compensation terms, and performance metrics for the individuals responsible for driving and operating the mobile tire repair trucks within San Diego, California. Keywords: San Diego California, mobile tire repair truck, driver, compensation, performance metrics, expectations 3. San Diego California Tire Repair Specialist Agreement: Designed for tire repair specialists operating in San Diego, California, this agreement variant explicitly outlines the duties, compensation, and specialized skills required for the efficient repair of tires. It ensures compliance with industry standards and customer satisfaction in mobile tire repair services. Keywords: San Diego California, tire repair specialist, duties, compensation, specialized skills, industry standards, customer satisfaction Conclusion: San Diego, California, provides numerous opportunities for self-employed independent contractors to collaborate with the owners of mobile tire repair services. By entering into a well-defined agreement, both parties can establish a productive working relationship while catering to the rising demand for on-site tire repair services. The tailored agreements ensure clarity, accountability, and professionalism, thus benefiting all parties involved.
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.