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. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time?
" Does the worker make his or her services available to the general public?
A Hennepin Minnesota Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legally binding document that outlines the terms and conditions of a professional working relationship between two licensed individuals in the counseling and therapy field. This agreement is specifically tailored for those practicing as solo practitioners in Hennepin County, Minnesota. The purpose of this agreement is to establish clear guidelines and expectations for the independent contractor relationship, ensuring a mutually beneficial working arrangement while protecting the interests and rights of both parties involved. It is essential to have a written agreement in place to avoid any potential misunderstandings or conflicts that may arise during the course of their professional collaboration. Some key elements typically covered in a Hennepin Minnesota Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner may include: 1. Identification of the Parties: Clearly state the full legal names, addresses, and contact information of both the licensed counselor and therapist and the solo practitioner. 2. Scope of Work: Define the specific services or therapy modalities that the licensed counselor and therapist will be providing to the solo practitioner and outline any limitations or restrictions on those services. 3. Independent Contractor Relationship: Specify that both parties intend to operate as independent contractors and not as employees, highlighting that the licensed counselor and therapist will not be entitled to employee benefits or protections. 4. Term and Termination: Establish the duration of the agreement, including any options for renewal or termination, and outline the notice required for either party to terminate the arrangement. 5. Compensation and Payment Terms: Clearly define the payment structure, with detailed information about the rate, frequency, and method of payment. Include provisions related to reimbursement for any agreed-upon expenses or costs incurred in the provision of services. 6. Confidentiality and Privacy: Emphasize the importance of maintaining client privacy and confidentiality, outlining the responsibilities and obligations of both parties in safeguarding sensitive information in compliance with state and federal laws and regulations. 7. Indemnification and Liability: Specify how liability and potential claims will be handled, including any necessary insurance coverage and who will bear responsibility for any damages or losses. 8. Non-Compete and Non-Disclosure: Address any restrictions on competition or disclosure of confidential information during and after the termination of the agreement to protect the interests of both parties. 9. Governing Law and Jurisdiction: Include a provision stating that the agreement is governed by the laws of Minnesota and any disputes will be resolved within the jurisdiction of Hennepin County. It is important to note that the specific details and clauses contained within a Hennepin Minnesota Independent Contractor Agreement between licensed counselors and therapists may vary depending on the preferences, professional circumstances, and requirements of the parties involved. Therefore, it is recommended to consult with legal professionals or utilize templates specifically tailored for independent contractor agreements in Hennepin County, Minnesota.
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.
