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.
A San Diego California Self-Employed Independent Contractor Agreement with a Sales Representative is a legally binding contract between a sales representative and a company or individual based in San Diego, California. This agreement outlines the terms and conditions governing the relationship between the parties involved. Keywords: San Diego California, Self-Employed Independent Contractor Agreement, Sales Representative, contract, terms and conditions. In San Diego, California, there are various types of Self-Employed Independent Contractor Agreements with Sales Representatives, each serving a specific purpose. These may include: 1. Commission-Based Sales Representative Agreement: This type of agreement is designed for sales representatives who work on a commission basis. It outlines the commission structure, sales targets, and payment terms. 2. Exclusive Sales Representative Agreement: This agreement is used when a sales representative is granted exclusive rights to sell a particular product or service within a defined territory in San Diego. It specifies the exclusivity period, territory boundaries, and obligations of both parties. 3. Non-Exclusive Sales Representative Agreement: Unlike the exclusive agreement, this type allows multiple sales representatives to sell the same products or services in San Diego. It outlines the rights and responsibilities of each representative and includes provisions on non-compete clauses. 4. Product/Service Distribution Agreement: This agreement is commonly used when a sales representative is responsible for distributing products or services on behalf of a company in San Diego. It addresses logistics, marketing support, inventory management, and payment terms. 5. Independent Contractor Agreement with Sales Representative: This is a general agreement that covers a broad range of roles and responsibilities. It outlines the terms of engagement, compensation structure, intellectual property rights, confidentiality, termination provisions, and dispute resolution. When drafting a San Diego California Self-Employed Independent Contractor Agreement with a Sales Representative, it is essential to ensure that the agreement is compliant with California employment laws and regulations, such as those regarding minimum wage, overtime, and worker classification. Consulting with a legal professional is recommended to tailor the agreement to specific needs and ensure its legality and enforceability.A San Diego California Self-Employed Independent Contractor Agreement with a Sales Representative is a legally binding contract between a sales representative and a company or individual based in San Diego, California. This agreement outlines the terms and conditions governing the relationship between the parties involved. Keywords: San Diego California, Self-Employed Independent Contractor Agreement, Sales Representative, contract, terms and conditions. In San Diego, California, there are various types of Self-Employed Independent Contractor Agreements with Sales Representatives, each serving a specific purpose. These may include: 1. Commission-Based Sales Representative Agreement: This type of agreement is designed for sales representatives who work on a commission basis. It outlines the commission structure, sales targets, and payment terms. 2. Exclusive Sales Representative Agreement: This agreement is used when a sales representative is granted exclusive rights to sell a particular product or service within a defined territory in San Diego. It specifies the exclusivity period, territory boundaries, and obligations of both parties. 3. Non-Exclusive Sales Representative Agreement: Unlike the exclusive agreement, this type allows multiple sales representatives to sell the same products or services in San Diego. It outlines the rights and responsibilities of each representative and includes provisions on non-compete clauses. 4. Product/Service Distribution Agreement: This agreement is commonly used when a sales representative is responsible for distributing products or services on behalf of a company in San Diego. It addresses logistics, marketing support, inventory management, and payment terms. 5. Independent Contractor Agreement with Sales Representative: This is a general agreement that covers a broad range of roles and responsibilities. It outlines the terms of engagement, compensation structure, intellectual property rights, confidentiality, termination provisions, and dispute resolution. When drafting a San Diego California Self-Employed Independent Contractor Agreement with a Sales Representative, it is essential to ensure that the agreement is compliant with California employment laws and regulations, such as those regarding minimum wage, overtime, and worker classification. Consulting with a legal professional is recommended to tailor the agreement to specific needs and ensure its legality and enforceability.
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.
