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.
The Kings New York Self-Employed Independent Contractor Agreement for the Sale of Book is a legally binding contract designed for individuals who wish to engage in the sale of books as self-employed independent contractors. This agreement clearly outlines the terms and conditions under which the contractor will sell books on behalf of Kings New York, a book publishing company based in New York. This agreement covers various important aspects related to the sale of books, including the responsibilities and obligations of both parties involved. It ensures that the contractor operates as an independent entity, maintaining control over their own working schedule and methods, while representing Kings New York's products. Key provisions of this agreement include: 1. Scope of Work: The agreement clearly defines the scope of work, specifying the books to be sold, the targeted market, and any limitations on the contractor's activities. 2. Sales Targets: It outlines the sales targets that the contractor is expected to achieve within a defined period. These targets may be based on the number of books sold, revenue generated, or other agreed-upon metrics. 3. Commission Structure: The agreement establishes the commission structure, determining the percentage or fixed amount the contractor will receive for each book sold. It also clarifies the payment frequency, such as monthly or quarterly. 4. Intellectual Property: It addresses the issue of intellectual property, stipulating that the rights to the books being sold remain with Kings New York. The contractor is prohibited from reproducing or distributing the books without proper authorization. 5. Non-Disclosure and Non-Compete: The agreement includes non-disclosure and non-compete clauses, safeguarding the confidential information of Kings New York and prohibiting the contractor from engaging in activities that directly compete with the company during the term of the agreement. Different types of Kings New York Self-Employed Independent Contractor Agreements for the Sale of Books may exist based on various factors such as the specific book(s) being sold, geographical region, or duration of the agreement. Examples of specific types could include "Kings New York Self-Employed Independent Contractor Agreement for the Sale of Fiction Books" or "Kings New York Self-Employed Independent Contractor Agreement for the Sale of Educational Books." These agreements would cater to different genres or categories of books that Kings New York offers, addressing specific sales strategies and target markets.The Kings New York Self-Employed Independent Contractor Agreement for the Sale of Book is a legally binding contract designed for individuals who wish to engage in the sale of books as self-employed independent contractors. This agreement clearly outlines the terms and conditions under which the contractor will sell books on behalf of Kings New York, a book publishing company based in New York. This agreement covers various important aspects related to the sale of books, including the responsibilities and obligations of both parties involved. It ensures that the contractor operates as an independent entity, maintaining control over their own working schedule and methods, while representing Kings New York's products. Key provisions of this agreement include: 1. Scope of Work: The agreement clearly defines the scope of work, specifying the books to be sold, the targeted market, and any limitations on the contractor's activities. 2. Sales Targets: It outlines the sales targets that the contractor is expected to achieve within a defined period. These targets may be based on the number of books sold, revenue generated, or other agreed-upon metrics. 3. Commission Structure: The agreement establishes the commission structure, determining the percentage or fixed amount the contractor will receive for each book sold. It also clarifies the payment frequency, such as monthly or quarterly. 4. Intellectual Property: It addresses the issue of intellectual property, stipulating that the rights to the books being sold remain with Kings New York. The contractor is prohibited from reproducing or distributing the books without proper authorization. 5. Non-Disclosure and Non-Compete: The agreement includes non-disclosure and non-compete clauses, safeguarding the confidential information of Kings New York and prohibiting the contractor from engaging in activities that directly compete with the company during the term of the agreement. Different types of Kings New York Self-Employed Independent Contractor Agreements for the Sale of Books may exist based on various factors such as the specific book(s) being sold, geographical region, or duration of the agreement. Examples of specific types could include "Kings New York Self-Employed Independent Contractor Agreement for the Sale of Fiction Books" or "Kings New York Self-Employed Independent Contractor Agreement for the Sale of Educational Books." These agreements would cater to different genres or categories of books that Kings New York offers, addressing specific sales strategies and target markets.
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.
