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 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. 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.
Description: An Alameda California Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legal document that outlines the terms and conditions for a real estate salesperson to work as an independent contractor under the supervision of a real estate loan broker in the Alameda, California area. This agreement establishes the rights and responsibilities of both parties and ensures compliance with the laws and regulations governing the real estate industry. Keywords: Alameda California, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker. Types of Alameda California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Contract: This type of agreement grants exclusivity to the real estate salesperson to work only with the designated real estate loan broker in a specific geographical area within Alameda, California. 2. Non-Exclusive Contract: A non-exclusive agreement allows the real estate salesperson to work with other real estate loan brokers in addition to the designated broker in Alameda, California. 3. Commission-Based Agreement: This type of agreement specifies the commission structure for the real estate salesperson, outlining the percentage or fixed amount they will receive for successful referrals or sales made through the real estate loan broker. 4. Duration-Based Agreement: This agreement sets a specific duration for the partnership between the real estate salesperson and the real estate loan broker, stating the start and end date for the contractual relationship. It also includes provisions for renewal or termination. 5. Non-Disclosure Agreement: In some cases, a separate non-disclosure agreement may be included within the independent contractor agreement, outlining the confidentiality obligations of both parties concerning any sensitive or proprietary information shared during the course of the business relationship. Regardless of the specific type of agreement, all Alameda California Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers should include essential clauses such as compensation terms, scope of services, compliance with laws, termination conditions, dispute resolution methods, and any other relevant provisions based on the unique needs of the parties involved. It is crucial for both parties to carefully review and understand the terms before entering into the agreement to ensure a mutually beneficial and legally compliant working relationship.Description: An Alameda California Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legal document that outlines the terms and conditions for a real estate salesperson to work as an independent contractor under the supervision of a real estate loan broker in the Alameda, California area. This agreement establishes the rights and responsibilities of both parties and ensures compliance with the laws and regulations governing the real estate industry. Keywords: Alameda California, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker. Types of Alameda California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Contract: This type of agreement grants exclusivity to the real estate salesperson to work only with the designated real estate loan broker in a specific geographical area within Alameda, California. 2. Non-Exclusive Contract: A non-exclusive agreement allows the real estate salesperson to work with other real estate loan brokers in addition to the designated broker in Alameda, California. 3. Commission-Based Agreement: This type of agreement specifies the commission structure for the real estate salesperson, outlining the percentage or fixed amount they will receive for successful referrals or sales made through the real estate loan broker. 4. Duration-Based Agreement: This agreement sets a specific duration for the partnership between the real estate salesperson and the real estate loan broker, stating the start and end date for the contractual relationship. It also includes provisions for renewal or termination. 5. Non-Disclosure Agreement: In some cases, a separate non-disclosure agreement may be included within the independent contractor agreement, outlining the confidentiality obligations of both parties concerning any sensitive or proprietary information shared during the course of the business relationship. Regardless of the specific type of agreement, all Alameda California Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers should include essential clauses such as compensation terms, scope of services, compliance with laws, termination conditions, dispute resolution methods, and any other relevant provisions based on the unique needs of the parties involved. It is crucial for both parties to carefully review and understand the terms before entering into the agreement to ensure a mutually beneficial and legally compliant working relationship.
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.
