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 peformed, 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.
Houston Texas Self-Employed Independent Contractor Agreement for the Sale of Book is a legal document that establishes a contractual relationship between a self-employed individual or business (the contractor) and another party (the client or book buyer) for the sale and distribution of books in Houston, Texas. This agreement outlines the terms and conditions under which the contractor will provide their services and sell books to the client. Keywords: Houston Texas, self-employed, independent contractor agreement, sale of book, legal document, contractual relationship, self-employed individual, business, client, book buyer, sale, distribution, terms and conditions, services, sell books. Different types of Houston Texas Self-Employed Independent Contractor Agreement for the Sale of Book may include: 1. Exclusive Distribution Agreement: This agreement gives the contractor exclusive rights to sell and distribute books within a defined territory in Houston, Texas. The client agrees to solely purchase books from the contractor for resale, and the contractor agrees not to sell to any other clients in the designated area. 2. Non-Exclusive Distribution Agreement: Unlike the exclusive distribution agreement, this type allows the contractor to sell books to multiple clients in Houston, Texas. The client is not obligated to purchase books exclusively from the contractor, and the contractor can also sell books to other buyers. 3. Commission-Based Agreement: In this type of agreement, the contractor is compensated based on a percentage or fixed commission for each book sold. The client and contractor agree upon the commission rate, and payment is made to the contractor upon successful sale and delivery of the books. 4. Consignment Agreement: This agreement allows the contractor to supply books to the client on consignment. The contractor retains ownership of the books until they are sold, and the client remits payment to the contractor only for the sold books. Unsold books may be returned to the contractor or handled as agreed upon in the agreement. 5. Royalty Agreement: A royalty agreement is often used when the contractor is an author or holds the rights to the book being sold. In this agreement, the client pays the contractor a percentage of the sales revenue as a royalty for each book sold. Note: It is important to consult with a legal professional or attorney to ensure the Self-Employed Independent Contractor Agreement for the Sale of Book complies with applicable laws and regulations in Houston, Texas.Houston Texas Self-Employed Independent Contractor Agreement for the Sale of Book is a legal document that establishes a contractual relationship between a self-employed individual or business (the contractor) and another party (the client or book buyer) for the sale and distribution of books in Houston, Texas. This agreement outlines the terms and conditions under which the contractor will provide their services and sell books to the client. Keywords: Houston Texas, self-employed, independent contractor agreement, sale of book, legal document, contractual relationship, self-employed individual, business, client, book buyer, sale, distribution, terms and conditions, services, sell books. Different types of Houston Texas Self-Employed Independent Contractor Agreement for the Sale of Book may include: 1. Exclusive Distribution Agreement: This agreement gives the contractor exclusive rights to sell and distribute books within a defined territory in Houston, Texas. The client agrees to solely purchase books from the contractor for resale, and the contractor agrees not to sell to any other clients in the designated area. 2. Non-Exclusive Distribution Agreement: Unlike the exclusive distribution agreement, this type allows the contractor to sell books to multiple clients in Houston, Texas. The client is not obligated to purchase books exclusively from the contractor, and the contractor can also sell books to other buyers. 3. Commission-Based Agreement: In this type of agreement, the contractor is compensated based on a percentage or fixed commission for each book sold. The client and contractor agree upon the commission rate, and payment is made to the contractor upon successful sale and delivery of the books. 4. Consignment Agreement: This agreement allows the contractor to supply books to the client on consignment. The contractor retains ownership of the books until they are sold, and the client remits payment to the contractor only for the sold books. Unsold books may be returned to the contractor or handled as agreed upon in the agreement. 5. Royalty Agreement: A royalty agreement is often used when the contractor is an author or holds the rights to the book being sold. In this agreement, the client pays the contractor a percentage of the sales revenue as a royalty for each book sold. Note: It is important to consult with a legal professional or attorney to ensure the Self-Employed Independent Contractor Agreement for the Sale of Book complies with applicable laws and regulations in Houston, Texas.
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.
