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.
The Salt Lake Utah Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that outlines the terms and conditions of the working relationship between a real estate salesman and a loan broker in the Salt Lake City, Utah region. This agreement is designed to protect the rights and responsibilities of both parties involved and establish a clear understanding of their working arrangement. In this agreement, the real estate salesman is an independent contractor who will be working with the real estate loan broker to facilitate property sales. The agreement covers various aspects of their collaboration, including commission structure, marketing responsibilities, confidentiality, termination clauses, and any other specific terms agreed upon by both parties. The Salt Lake Utah Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker can be customized to suit the unique needs of the individuals involved. Some types of agreements that fall within this category may include: 1. Commission-Based Agreement: This type of agreement outlines the commission structure and payment terms for the real estate salesman. It may include details such as the percentage of the commission earned, how it will be calculated, and when it will be paid. 2. Exclusive Territory Agreement: This agreement specifies the geographic area or market in which the real estate salesman will operate independently. It ensures that the loan broker does not hire or engage other salesmen within this designated territory. 3. Non-Disclosure Agreement: This type of agreement guarantees the confidentiality of sensitive information exchanged between the real estate salesman and the loan broker. It ensures that both parties protect trade secrets, client lists, and other confidential data from being shared or misused. 4. Termination Agreement: This agreement defines the conditions under which either party can terminate the working relationship. It outlines the notice period, reasons for termination, and any post-termination obligations, such as returning client files or discontinuing the use of company branding. 5. Marketing Agreement: This agreement outlines the responsibilities of both parties regarding marketing and promoting properties. It may cover aspects such as advertising budgets, approved marketing channels, and the division of marketing expenses between the real estate salesman and the loan broker. The Salt Lake Utah Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a vital document that establishes a professional working relationship while ensuring compliance with local laws and regulations. It is recommended that both parties seek legal advice or consult an attorney to create a customized agreement specific to their needs.The Salt Lake Utah Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that outlines the terms and conditions of the working relationship between a real estate salesman and a loan broker in the Salt Lake City, Utah region. This agreement is designed to protect the rights and responsibilities of both parties involved and establish a clear understanding of their working arrangement. In this agreement, the real estate salesman is an independent contractor who will be working with the real estate loan broker to facilitate property sales. The agreement covers various aspects of their collaboration, including commission structure, marketing responsibilities, confidentiality, termination clauses, and any other specific terms agreed upon by both parties. The Salt Lake Utah Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker can be customized to suit the unique needs of the individuals involved. Some types of agreements that fall within this category may include: 1. Commission-Based Agreement: This type of agreement outlines the commission structure and payment terms for the real estate salesman. It may include details such as the percentage of the commission earned, how it will be calculated, and when it will be paid. 2. Exclusive Territory Agreement: This agreement specifies the geographic area or market in which the real estate salesman will operate independently. It ensures that the loan broker does not hire or engage other salesmen within this designated territory. 3. Non-Disclosure Agreement: This type of agreement guarantees the confidentiality of sensitive information exchanged between the real estate salesman and the loan broker. It ensures that both parties protect trade secrets, client lists, and other confidential data from being shared or misused. 4. Termination Agreement: This agreement defines the conditions under which either party can terminate the working relationship. It outlines the notice period, reasons for termination, and any post-termination obligations, such as returning client files or discontinuing the use of company branding. 5. Marketing Agreement: This agreement outlines the responsibilities of both parties regarding marketing and promoting properties. It may cover aspects such as advertising budgets, approved marketing channels, and the division of marketing expenses between the real estate salesman and the loan broker. The Salt Lake Utah Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a vital document that establishes a professional working relationship while ensuring compliance with local laws and regulations. It is recommended that both parties seek legal advice or consult an attorney to create a customized agreement specific to their needs.
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.
