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.
Miami-Dade Florida Self-Employed Independent Contractor Agreement with Sales Representative: In Miami-Dade County, Florida, the Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that establishes the terms and conditions for a sales representative who operates as an independent contractor with a company. This agreement outlines the expectations, responsibilities, and compensation structure for the sales representative, ensuring a clear understanding between both parties. The Miami-Dade County Self-Employed Independent Contractor Agreement for Sales Representatives is available in various types, each addressing specific circumstances or industries. Some of these agreements include: 1. Commission-Based Agreement: This agreement establishes the sales representative's compensation based on a commission structure, where they earn a percentage of each successful sale they make. It outlines the commission rates, payment terms, and any relevant sales targets or goals. 2. Exclusive Territory Agreement: In this type of agreement, the sales representative is granted an exclusive territory within Miami-Dade County, where they have sole rights to sell the company's products or services. The agreement defines the boundaries of the territory, exclusivity terms, and any limitations or obligations related to it. 3. Non-Compete Agreement: This agreement restricts the sales representative from engaging in similar business activities or representing competing companies within Miami-Dade County for a specified period. It ensures that the sales representative focuses solely on promoting the company's offerings without any conflicts of interest. 4. Confidentiality Agreement: This type of agreement safeguards the company's confidential information and trade secrets. The sales representative agrees to maintain confidentiality and not disclose any sensitive information to third parties that could harm the company's interests. It also provides remedies in case of a breach of confidentiality. 5. Non-Disclosure Agreement (NDA): An NDA ensures that the sales representative does not disclose any proprietary or confidential information they learn during the course of their work. It prevents the disclosure of trade secrets, customer lists, pricing strategies, and other sensitive data, thereby protecting the company's competitive advantage. All Miami-Dade County Self-Employed Independent Contractor Agreements with Sales Representatives must comply with state and federal laws, including those related to employment, taxation, and intellectual property rights. It is crucial to consult legal professionals or attorneys familiar with Miami-Dade County regulations to ensure compliance and address any specific requirements for the chosen agreement type.Miami-Dade Florida Self-Employed Independent Contractor Agreement with Sales Representative: In Miami-Dade County, Florida, the Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that establishes the terms and conditions for a sales representative who operates as an independent contractor with a company. This agreement outlines the expectations, responsibilities, and compensation structure for the sales representative, ensuring a clear understanding between both parties. The Miami-Dade County Self-Employed Independent Contractor Agreement for Sales Representatives is available in various types, each addressing specific circumstances or industries. Some of these agreements include: 1. Commission-Based Agreement: This agreement establishes the sales representative's compensation based on a commission structure, where they earn a percentage of each successful sale they make. It outlines the commission rates, payment terms, and any relevant sales targets or goals. 2. Exclusive Territory Agreement: In this type of agreement, the sales representative is granted an exclusive territory within Miami-Dade County, where they have sole rights to sell the company's products or services. The agreement defines the boundaries of the territory, exclusivity terms, and any limitations or obligations related to it. 3. Non-Compete Agreement: This agreement restricts the sales representative from engaging in similar business activities or representing competing companies within Miami-Dade County for a specified period. It ensures that the sales representative focuses solely on promoting the company's offerings without any conflicts of interest. 4. Confidentiality Agreement: This type of agreement safeguards the company's confidential information and trade secrets. The sales representative agrees to maintain confidentiality and not disclose any sensitive information to third parties that could harm the company's interests. It also provides remedies in case of a breach of confidentiality. 5. Non-Disclosure Agreement (NDA): An NDA ensures that the sales representative does not disclose any proprietary or confidential information they learn during the course of their work. It prevents the disclosure of trade secrets, customer lists, pricing strategies, and other sensitive data, thereby protecting the company's competitive advantage. All Miami-Dade County Self-Employed Independent Contractor Agreements with Sales Representatives must comply with state and federal laws, including those related to employment, taxation, and intellectual property rights. It is crucial to consult legal professionals or attorneys familiar with Miami-Dade County regulations to ensure compliance and address any specific requirements for the chosen agreement type.
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.
