An independent contractor is a person or business who performs services for another person pursuant to 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 his/her 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. 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.
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.
Restrictions to prevent competition by a present or former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
Cook Illinois is a renowned transportation company operating in the United States, offering various transportation services including charter bus services, airport transportation, and school bus services. It is known for its commitment to delivering safe, high-quality, and reliable transportation solutions to its customers. As an established and well-respected company, Cook Illinois often collaborates with self-employed sales representatives to promote its services and acquire new customers. To ensure a clear understanding of the terms and obligations between Cook Illinois and its independent sales representatives, the company provides a comprehensive Self-Employed Independent Contractor Agreement. The Cook Illinois Self-Employed Independent Contractor Agreement with Sales Representative serves as a legally binding contract that outlines the specific terms, conditions, and responsibilities of the sales representative, who operates as an independent contractor while promoting Cook Illinois services. This agreement helps establish a strong working relationship and protects the rights and obligations of both parties involved. Key elements typically included in the Cook Illinois Self-Employed Independent Contractor Agreement with Sales Representative may cover areas such as: 1. Parties involved: The agreement specifies the names and contact information of both Cook Illinois and the sales representative. It ensures a clear identification of the involved parties. 2. Term: The duration of the agreement is stated, including the start and end dates. This helps define the period during which the sales representative is authorized to represent Cook Illinois. 3. Territory: The geographic area or territory in which the sales representative can operate on behalf of Cook Illinois is defined. This ensures clarity regarding the sales representative's area of responsibility. 4. Scope of work: The agreement outlines the specific tasks and duties the sales representative is expected to perform, such as promoting Cook Illinois' services, identifying potential customers, and facilitating sales. 5. Commission structure: The compensation structure, including the commission rates and payment terms, is detailed within the agreement. This clarifies the sales representative's financial reward and ensures transparency in terms of earnings. 6. Non-compete and confidentiality: To protect Cook Illinois' interests, the agreement may include provisions preventing the sales representative from engaging in competing activities or disclosing confidential information during and after the agreement's termination. 7. Termination: Conditions and provisions related to the termination of the agreement by either party are defined. This includes circumstances under which termination can occur and the consequences and obligations that follow. While there may not be different types of Cook Illinois Self-Employed Independent Contractor Agreement with Sales Representative specifically named, variations and customization can occur depending on the specific needs and circumstances of the working relationship. The agreement format and specific terms can be tailored to better fit the unique dynamics between Cook Illinois and each individual sales representative. However, regardless of any potential customization, the key elements mentioned above generally remain consistent in order to protect both parties' interests and ensure clear expectations are set.Cook Illinois is a renowned transportation company operating in the United States, offering various transportation services including charter bus services, airport transportation, and school bus services. It is known for its commitment to delivering safe, high-quality, and reliable transportation solutions to its customers. As an established and well-respected company, Cook Illinois often collaborates with self-employed sales representatives to promote its services and acquire new customers. To ensure a clear understanding of the terms and obligations between Cook Illinois and its independent sales representatives, the company provides a comprehensive Self-Employed Independent Contractor Agreement. The Cook Illinois Self-Employed Independent Contractor Agreement with Sales Representative serves as a legally binding contract that outlines the specific terms, conditions, and responsibilities of the sales representative, who operates as an independent contractor while promoting Cook Illinois services. This agreement helps establish a strong working relationship and protects the rights and obligations of both parties involved. Key elements typically included in the Cook Illinois Self-Employed Independent Contractor Agreement with Sales Representative may cover areas such as: 1. Parties involved: The agreement specifies the names and contact information of both Cook Illinois and the sales representative. It ensures a clear identification of the involved parties. 2. Term: The duration of the agreement is stated, including the start and end dates. This helps define the period during which the sales representative is authorized to represent Cook Illinois. 3. Territory: The geographic area or territory in which the sales representative can operate on behalf of Cook Illinois is defined. This ensures clarity regarding the sales representative's area of responsibility. 4. Scope of work: The agreement outlines the specific tasks and duties the sales representative is expected to perform, such as promoting Cook Illinois' services, identifying potential customers, and facilitating sales. 5. Commission structure: The compensation structure, including the commission rates and payment terms, is detailed within the agreement. This clarifies the sales representative's financial reward and ensures transparency in terms of earnings. 6. Non-compete and confidentiality: To protect Cook Illinois' interests, the agreement may include provisions preventing the sales representative from engaging in competing activities or disclosing confidential information during and after the agreement's termination. 7. Termination: Conditions and provisions related to the termination of the agreement by either party are defined. This includes circumstances under which termination can occur and the consequences and obligations that follow. While there may not be different types of Cook Illinois Self-Employed Independent Contractor Agreement with Sales Representative specifically named, variations and customization can occur depending on the specific needs and circumstances of the working relationship. The agreement format and specific terms can be tailored to better fit the unique dynamics between Cook Illinois and each individual sales representative. However, regardless of any potential customization, the key elements mentioned above generally remain consistent in order to protect both parties' interests and ensure clear expectations are set.
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.
