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.
Wake North Carolina Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the terms and conditions between a real estate salesperson and a real estate loan broker in Wake County, North Carolina. This agreement defines the working relationship, responsibilities, and compensation arrangement between the parties involved. Keywords: Wake North Carolina, real estate, salesman, independent contractor agreement, real estate loan broker There are various types of Wake North Carolina Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker, including: 1. Exclusive Agreement: This type of agreement specifies that the real estate salesperson works exclusively with a single real estate loan broker. They are not allowed to work with any other real estate loan brokers during the duration of the agreement. 2. Non-Exclusive Agreement: In this type of agreement, the real estate salesperson has the freedom to work with multiple real estate loan brokers simultaneously. 3. Commission-Based Agreement: This agreement determines that the real estate salesperson's compensation will be primarily based on commissions earned from successful real estate transactions facilitated by the real estate loan broker. 4. Retainer-Based Agreement: This type of agreement involves the real estate salesperson receiving a fixed retainer fee from the real estate loan broker, regardless of the success or failure of real estate transactions. 5. Performance-Based Agreement: This agreement links the real estate salesperson's compensation to their performance, typically measured by achieving predetermined sales targets or meeting specific objectives. 6. Termination Agreement: This agreement outlines the conditions under which the parties can terminate their contract and the procedures to be followed in case of termination. 7. Confidentiality Agreement: A confidentiality agreement may be included in the Wake North Carolina Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker to protect sensitive information shared between the parties. 8. Non-Compete Agreement: This agreement ensures that the real estate salesperson will not engage in any competing activities or work with competitors during the term of the agreement. By carefully reviewing and signing the Wake North Carolina Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker, both parties can establish a clear understanding of their rights, obligations, and expectations, promoting a mutually beneficial working relationship.Wake North Carolina Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the terms and conditions between a real estate salesperson and a real estate loan broker in Wake County, North Carolina. This agreement defines the working relationship, responsibilities, and compensation arrangement between the parties involved. Keywords: Wake North Carolina, real estate, salesman, independent contractor agreement, real estate loan broker There are various types of Wake North Carolina Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker, including: 1. Exclusive Agreement: This type of agreement specifies that the real estate salesperson works exclusively with a single real estate loan broker. They are not allowed to work with any other real estate loan brokers during the duration of the agreement. 2. Non-Exclusive Agreement: In this type of agreement, the real estate salesperson has the freedom to work with multiple real estate loan brokers simultaneously. 3. Commission-Based Agreement: This agreement determines that the real estate salesperson's compensation will be primarily based on commissions earned from successful real estate transactions facilitated by the real estate loan broker. 4. Retainer-Based Agreement: This type of agreement involves the real estate salesperson receiving a fixed retainer fee from the real estate loan broker, regardless of the success or failure of real estate transactions. 5. Performance-Based Agreement: This agreement links the real estate salesperson's compensation to their performance, typically measured by achieving predetermined sales targets or meeting specific objectives. 6. Termination Agreement: This agreement outlines the conditions under which the parties can terminate their contract and the procedures to be followed in case of termination. 7. Confidentiality Agreement: A confidentiality agreement may be included in the Wake North Carolina Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker to protect sensitive information shared between the parties. 8. Non-Compete Agreement: This agreement ensures that the real estate salesperson will not engage in any competing activities or work with competitors during the term of the agreement. By carefully reviewing and signing the Wake North Carolina Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker, both parties can establish a clear understanding of their rights, obligations, and expectations, promoting a mutually beneficial 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.
