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.
Middlesex Massachusetts Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker A Middlesex Massachusetts Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker establishes the terms and conditions between a real estate salesperson and a loan broker operating in Middlesex County, Massachusetts. This agreement defines the roles, responsibilities, and compensation structure for the independent contractor, ensuring a mutually beneficial relationship between the parties involved. Keywords: Middlesex Massachusetts, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker, terms and conditions, roles, responsibilities, compensation structure, mutually beneficial relationship. Different Types of Middlesex Massachusetts Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Commission-Based Agreement: In this type of agreement, the independent contractor's compensation is solely based on the commission received from successful real estate sales or loan brokering activities. The agreement outlines the percentage or amount of commission the salesperson is entitled to and the terms of payment. 2. Non-Exclusive Agreement: A non-exclusive agreement allows the real estate salesperson to work with multiple loan brokers while maintaining the independent contractor status. This type of agreement provides flexibility for the salesperson to explore various business opportunities within the real estate and loan brokerage industry. 3. Exclusive Agreement: An exclusive agreement restricts the real estate salesperson from working with any other loan brokers apart from the one mentioned in the agreement. This type of agreement often offers higher commission rates or additional benefits in exchange for exclusivity. 4. Referral Agreement: A referral agreement allows the real estate salesperson to refer potential clients to the loan broker in exchange for a referral fee or commission. This type of agreement is particularly useful when the salesperson is not directly involved in the loan brokerage process but helps in connecting clients with suitable brokers. 5. Joint Venture Agreement: A joint venture agreement is formed when a real estate salesperson and a loan broker collaborate to form a separate business entity. Both parties share the profits and losses incurred from the joint venture and agree on specific roles and responsibilities. By incorporating these relevant keywords and considering the different types of agreements, the content provides a comprehensive description of a Middlesex Massachusetts Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker.Middlesex Massachusetts Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker A Middlesex Massachusetts Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker establishes the terms and conditions between a real estate salesperson and a loan broker operating in Middlesex County, Massachusetts. This agreement defines the roles, responsibilities, and compensation structure for the independent contractor, ensuring a mutually beneficial relationship between the parties involved. Keywords: Middlesex Massachusetts, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker, terms and conditions, roles, responsibilities, compensation structure, mutually beneficial relationship. Different Types of Middlesex Massachusetts Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Commission-Based Agreement: In this type of agreement, the independent contractor's compensation is solely based on the commission received from successful real estate sales or loan brokering activities. The agreement outlines the percentage or amount of commission the salesperson is entitled to and the terms of payment. 2. Non-Exclusive Agreement: A non-exclusive agreement allows the real estate salesperson to work with multiple loan brokers while maintaining the independent contractor status. This type of agreement provides flexibility for the salesperson to explore various business opportunities within the real estate and loan brokerage industry. 3. Exclusive Agreement: An exclusive agreement restricts the real estate salesperson from working with any other loan brokers apart from the one mentioned in the agreement. This type of agreement often offers higher commission rates or additional benefits in exchange for exclusivity. 4. Referral Agreement: A referral agreement allows the real estate salesperson to refer potential clients to the loan broker in exchange for a referral fee or commission. This type of agreement is particularly useful when the salesperson is not directly involved in the loan brokerage process but helps in connecting clients with suitable brokers. 5. Joint Venture Agreement: A joint venture agreement is formed when a real estate salesperson and a loan broker collaborate to form a separate business entity. Both parties share the profits and losses incurred from the joint venture and agree on specific roles and responsibilities. By incorporating these relevant keywords and considering the different types of agreements, the content provides a comprehensive description of a Middlesex Massachusetts Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker.
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.
