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.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
Connecticut Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires In Connecticut, there are various agreements between self-employed independent contractors and owners of mobile tire repair services to drive the mobile tire repair truck and repair tires. These agreements ensure a smooth working relationship between the contractor and the service provider, outlining the rights, responsibilities, and compensation details of both parties. Here is a detailed description of the agreement: 1. Introduction: This section of the agreement sets out the names and addresses of the contractor and the owner of the mobile tire repair service, along with the effective date of the agreement. It also describes the purpose of the agreement, which is to establish a contractual relationship for the repair of tires using the mobile tire repair truck. 2. Services and Responsibilities: This section outlines the specific services the contractor will provide, such as driving the mobile tire repair truck to customers' locations, inspecting and diagnosing tire issues, performing necessary repairs, and ensuring customer satisfaction. It also defines the responsibilities of the contractor, such as maintaining a valid driver's license, adhering to all traffic laws, and handling customer complaints professionally. 3. Compensation: The compensation section details how the contractor will be remunerated for their services. It may specify an hourly wage, a commission-based system, or a fixed rate per repair. It should also outline how the contractor will be reimbursed for any expenses incurred during the course of their work, such as fuel or necessary tools. The payment terms, frequency, and method (e.g., check, direct deposit) should be clearly stated. 4. Schedule and Availability: This section establishes the working schedule, including days and hours of availability. It may also mention the minimum number of hours or repairs expected from the contractor in a week or month. It is crucial to outline any flexibility or notice requirements regarding schedule changes or time off. 5. Ownership and Use of Equipment: This clause specifies that the mobile tire repair truck and any related tools or equipment provided by the owner are the sole property of the owner. It should describe the expectations for the contractor's careful and appropriate use of the equipment and any ramifications for damage or negligence. 6. Confidentiality and Non-Disclosure: If there is sensitive business or customer information that the contractor may come across during their work, this section addresses the confidentiality obligations. It may include provisions forbidding the contractor from disclosing trade secrets, customer information, or any proprietary information to third parties without prior permission. 7. Termination: The termination clause outlines the conditions under which either party can terminate the agreement, such as breach of contract, poor performance, or violation of terms. It should define the notice period required for termination and any relevant provisions regarding severance or non-compete agreements. 8. Governing Law and Jurisdiction: This clause identifies the state of Connecticut as the governing law of the agreement. It specifies that any disputes or legal actions arising from the agreement will be resolved within the state's courts. These keywords can help in refining the search for specific types of agreements, such as: — Connecticut Mobile Tire Repair Service Agreement — Self-Employed Independent Contractor Agreement in Connecticut — Mobile Tire Repair Truck Agreement in Connecticut — Agreement to Repair Tires in Connecticut — Connecticut Agreement Between Contractor and Service Provider.
