An independent contractor is a person or business who performs services for another person under an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. 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.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. 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.
Liquidated damages (paragraph 8 of the form) may be incorporated as a clause in a contract when the parties to a contract agree to the payment of a certain sum as a fixed and agreed upon payment for not doing certain things particularly mentioned in the agreement. It is the amount of money specified in a contract to be awarded in the event that the agreement is violated, often when the actual damages are difficult to determine with specificity.
Bronx New York Employment Agreement Between a Bartender — Self-Employed IndependenContractto— - and a Business that Supplies Bartenders to Parties and Special Events Introduction: This Bronx New York Employment Agreement outlines the terms and conditions between a bartender (referred to as the "Contractor") who operates as a self-employed independent contractor and a business (referred to as the "Bartending Agency") that specializes in supplying bartenders to parties and special events in the Bronx, New York area. Key Terms and Conditions: 1. Contractual Relationship: This agreement establishes an independent contractor relationship between the Bartender and the Bartending Agency. The Bartender is responsible for his/her own taxes, insurance, and liability. 2. Services: The Bartender agrees to provide professional bartending services at various parties and special events as requested by the Bartending Agency. This includes preparing and serving beverages, handling cash transactions, ensuring customer satisfaction, and maintaining a clean work area. 3. Schedule and Availability: Both parties will agree upon an agreed-upon schedule for the Bartender to work at events. The Bartender has the right to accept or decline assignments based on availability, provided reasonable notice is given to the Bartending Agency. 4. Compensation: The Bartender will be compensated based on an agreed-upon hourly rate for the duration of the event. Payment terms, including frequency and method of payment, will be established in this agreement. 5. Uniform and Equipment: The Bartender is responsible for providing his/her own bartending tools (shakers, bottle openers, etc.) and wearing a professional, neat, and appropriate bartending uniform during events. 6. Code of Conduct: The Bartender agrees to follow all applicable laws, regulations, and licensing requirements related to bartending. Additionally, the Bartender must adhere to the Bartending Agency's code of conduct, which includes maintaining a professional demeanor, refraining from consuming alcohol during events, and respecting the privacy and confidentiality of clients. 7. Termination: Either party has the right to terminate this agreement with written notice. The reasons for termination may include but are not limited to breach of contract, unsatisfactory performance, or violation of the code of conduct. Different Types of Bronx New York Employment Agreements Between a Bartender — Self-Employed Independent Contractor — and a Business that Supplies Bartenders to Parties and Special Events: 1. Short-Term On-Call Agreement: This agreement is suitable for bartenders who are available on-call and can work at short notice for various events. 2. Long-Term Exclusive Agreement: This agreement is ideal when both parties prefer a long-term partnership where the Bartender exclusively works for the Bartending Agency, offering stability and guaranteed bookings. 3. Seasonal Agreement: This agreement can be utilized for bartenders who are only available during specific seasons, such as summer or holiday events. 4. Trial Period Agreement: In some cases, a trial period agreement can be established to assess the compatibility and performance of the Bartender before entering into a long-term agreement. Remember, it is essential to consult with legal professionals when drafting or entering into any employment agreement to ensure its compliance with local laws and regulations.Bronx New York Employment Agreement Between a Bartender — Self-Employed IndependenContractto— - and a Business that Supplies Bartenders to Parties and Special Events Introduction: This Bronx New York Employment Agreement outlines the terms and conditions between a bartender (referred to as the "Contractor") who operates as a self-employed independent contractor and a business (referred to as the "Bartending Agency") that specializes in supplying bartenders to parties and special events in the Bronx, New York area. Key Terms and Conditions: 1. Contractual Relationship: This agreement establishes an independent contractor relationship between the Bartender and the Bartending Agency. The Bartender is responsible for his/her own taxes, insurance, and liability. 2. Services: The Bartender agrees to provide professional bartending services at various parties and special events as requested by the Bartending Agency. This includes preparing and serving beverages, handling cash transactions, ensuring customer satisfaction, and maintaining a clean work area. 3. Schedule and Availability: Both parties will agree upon an agreed-upon schedule for the Bartender to work at events. The Bartender has the right to accept or decline assignments based on availability, provided reasonable notice is given to the Bartending Agency. 4. Compensation: The Bartender will be compensated based on an agreed-upon hourly rate for the duration of the event. Payment terms, including frequency and method of payment, will be established in this agreement. 5. Uniform and Equipment: The Bartender is responsible for providing his/her own bartending tools (shakers, bottle openers, etc.) and wearing a professional, neat, and appropriate bartending uniform during events. 6. Code of Conduct: The Bartender agrees to follow all applicable laws, regulations, and licensing requirements related to bartending. Additionally, the Bartender must adhere to the Bartending Agency's code of conduct, which includes maintaining a professional demeanor, refraining from consuming alcohol during events, and respecting the privacy and confidentiality of clients. 7. Termination: Either party has the right to terminate this agreement with written notice. The reasons for termination may include but are not limited to breach of contract, unsatisfactory performance, or violation of the code of conduct. Different Types of Bronx New York Employment Agreements Between a Bartender — Self-Employed Independent Contractor — and a Business that Supplies Bartenders to Parties and Special Events: 1. Short-Term On-Call Agreement: This agreement is suitable for bartenders who are available on-call and can work at short notice for various events. 2. Long-Term Exclusive Agreement: This agreement is ideal when both parties prefer a long-term partnership where the Bartender exclusively works for the Bartending Agency, offering stability and guaranteed bookings. 3. Seasonal Agreement: This agreement can be utilized for bartenders who are only available during specific seasons, such as summer or holiday events. 4. Trial Period Agreement: In some cases, a trial period agreement can be established to assess the compatibility and performance of the Bartender before entering into a long-term agreement. Remember, it is essential to consult with legal professionals when drafting or entering into any employment agreement to ensure its compliance with local laws and regulations.
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.