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 Salt Lake Utah 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 the professional relationship between an independent contractor counselor and therapist and a licensed counselor and therapist practicing on a solo basis in Salt Lake City, Utah. This agreement serves to establish the rights and responsibilities of both parties involved, ensuring clarity and professionalism in their working arrangement. Key elements and provisions that should be covered in this agreement include: 1. Parties Involved: Clearly identify the names and contact information of both the independent contractor counselor and therapist and the sole practitioner. 2. Effective Date and Term: Specify the commencement date of the agreement and its duration, whether specific or indefinite. 3. Scope of Services: Provide a comprehensive description of the services to be performed by the independent contractor counselor and therapist for the solo practitioner. This may include individual counseling, group therapy, crisis intervention, assessments, treatment planning, and any additional duties agreed upon. 4. Compensation and Payment Terms: Outline the compensation structure for the independent contractor, including rates, payment frequency, and any other relevant financial arrangements, such as invoicing and reimbursement for expenses. 5. Independent Contractor Status: Clarify that the counselor and therapist is an independent contractor and not an employee of the solo practitioner. Clearly state that the independent contractor is solely responsible for their own taxes, insurance, and licensure, and that no employee benefits are provided by the solo practitioner. 6. Confidentiality and Privacy: Emphasize the importance of maintaining client confidentiality and adherence to all applicable laws and ethical guidelines. 7. Records and Documentation: Specify how client records will be handled, stored, and transferred between the independent contractor and the solo practitioner. Include guidelines on record keeping, confidentiality, and client access to records. 8. Termination Clause: Define the circumstances under which either party can terminate the agreement, whether for cause or without cause. Describe the notice period required for termination and any associated obligations or penalties. There may be variations of the Salt Lake Utah Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner, depending on factors such as the specific focus of therapy (e.g., marriage and family counseling, substance abuse counseling) or the inclusion of additional clauses related to intellectual property, non-compete agreements, or dispute resolution processes. It is essential for both parties to thoroughly review and understand the agreement before signing to ensure compliance with state regulations and professional standards.
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.
