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 Wake North Carolina Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legally binding document that outlines the terms and conditions for the arrangement between a self-employed independent contractor and the owner of a mobile tire repair service. This agreement specifically pertains to the contractor's role in driving the mobile tire repair truck and repairing tires. The agreement encompasses various key aspects, such as responsibilities, compensation, duration, termination, and liability. It is essential to address these details in the agreement to ensure a clear understanding between both parties. Some variations of the Wake North Carolina Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires might include: 1. Full-Time Contractor: This agreement outlines the arrangement between the contractor and the owner, specifying that the contractor will be engaged full time to drive the mobile tire repair truck and repair tires. It includes specific working hours, compensation, and benefits. 2. Part-Time Contractor: In this agreement, the contractor is engaged on a part-time basis to drive the mobile tire repair truck and repair tires. It may specify the number of hours or days per week the contractor is expected to work and the corresponding compensation. 3. Contractor with Additional Services: This agreement involves a contractor who not only drives the mobile tire repair truck and repairs tires but also provides additional services, such as tire sales, installation, or other related services. This variation expands the contractor's responsibilities and may necessitate further clauses in the agreement to cover these additional services. 4. Exclusive Contractor: This agreement establishes an exclusive arrangement between the contractor and the owner, meaning that the contractor cannot provide services to any other competing mobile tire repair service in the Wake North Carolina area. This variation is designed to ensure the owner's business exclusivity and prevent conflicts of interest. 5. Non-Exclusive Contractor: In contrast to the exclusive agreement, this variation allows the contractor to provide services to other mobile tire repair services in Wake North Carolina. This agreement is suitable when the owner does not require exclusive commitment from the contractor. Regardless of the specific type of the Wake North Carolina Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service, the content should always include relevant keywords such as Wake North Carolina, agreement, self-employed, independent contractor, mobile tire repair service, drive, repair tires, compensation, responsibilities, liability, termination, and any additional services or exclusivity clauses applicable.The Wake North Carolina Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legally binding document that outlines the terms and conditions for the arrangement between a self-employed independent contractor and the owner of a mobile tire repair service. This agreement specifically pertains to the contractor's role in driving the mobile tire repair truck and repairing tires. The agreement encompasses various key aspects, such as responsibilities, compensation, duration, termination, and liability. It is essential to address these details in the agreement to ensure a clear understanding between both parties. Some variations of the Wake North Carolina Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires might include: 1. Full-Time Contractor: This agreement outlines the arrangement between the contractor and the owner, specifying that the contractor will be engaged full time to drive the mobile tire repair truck and repair tires. It includes specific working hours, compensation, and benefits. 2. Part-Time Contractor: In this agreement, the contractor is engaged on a part-time basis to drive the mobile tire repair truck and repair tires. It may specify the number of hours or days per week the contractor is expected to work and the corresponding compensation. 3. Contractor with Additional Services: This agreement involves a contractor who not only drives the mobile tire repair truck and repairs tires but also provides additional services, such as tire sales, installation, or other related services. This variation expands the contractor's responsibilities and may necessitate further clauses in the agreement to cover these additional services. 4. Exclusive Contractor: This agreement establishes an exclusive arrangement between the contractor and the owner, meaning that the contractor cannot provide services to any other competing mobile tire repair service in the Wake North Carolina area. This variation is designed to ensure the owner's business exclusivity and prevent conflicts of interest. 5. Non-Exclusive Contractor: In contrast to the exclusive agreement, this variation allows the contractor to provide services to other mobile tire repair services in Wake North Carolina. This agreement is suitable when the owner does not require exclusive commitment from the contractor. Regardless of the specific type of the Wake North Carolina Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service, the content should always include relevant keywords such as Wake North Carolina, agreement, self-employed, independent contractor, mobile tire repair service, drive, repair tires, compensation, responsibilities, liability, termination, and any additional services or exclusivity clauses applicable.
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.
