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.
Title: Comprehensive Description of Florida Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires Description: In Florida, the Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires outlines the legal relationship between an independent contractor and the owner of a mobile tire repair service. This agreement establishes the terms and conditions for operating the mobile repair truck to offer tire repair services efficiently. The following are key components typically included in this type of agreement: 1. Scope of Work: The agreement begins by outlining the services provided by the independent contractor, namely driving the mobile tire repair truck and performing tire repairs. It emphasizes that the contractor will exclusively provide these services for the owner's mobile tire repair business within the defined boundaries of Florida. 2. Independent Contractor Relation: The document confirms that the independent contractor is not an employee of the business owner; rather, they act independently to fulfill assigned tasks. It clarifies that the contractor assumes all liability, taxes, and other legal obligations related to their self-employment status. 3. Vehicle Usage and Maintenance: This segment focuses on the proper operation of the mobile repair truck. It stipulates that the contractor must abide by all traffic laws, maintain a valid driver's license, and keep the vehicle clean and in good condition. Furthermore, the agreement may specify who is responsible for covering fuel and maintenance costs. 4. Equipment and Tools: To provide efficient tire repair services, the contractor may be required to possess specific tools and equipment. The agreement can list these items and establish whether the owner or contractor is responsible for their acquisition, maintenance, and insurance. 5. Schedule and Availability: This section addresses the working hours and availability of the contractor. It may stipulate minimum working hours, response times to service requests, and whether the contractor can undertake other job assignments concurrently. 6. Compensation and Payment: The agreement details how the contractor will be compensated for their services. It can mention payment terms, pricing structure, and any related expenses, such as material costs, that the contractor may bill the owner for. It's essential to include provisions outlining how and when payments will be made. 7. Non-Competition and Confidentiality: To protect the mobile tire repair business, this clause prohibits the contractor from engaging in similar lines of work or disclosing any confidential business information during the agreement term and for a specified period afterward. 8. Termination: This section outlines the circumstances under which either party may terminate the agreement. It clarifies whether notice is required, defines breach of contract scenarios, and outlines any penalties or consequences resulting from a breach. Other Types of Florida Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: 1. Agreement for Mobile Tire Repair Services: Driving & Installation — This agreement encompasses the installation or replacement of tires, along with driving duties. 2. Agreement for Mobile Tire Repair Services: Driving & Balancing — This agreement specifies driving responsibilities and also includes tire balancing services. 3. Agreement for Mobile Tire Repair Services: Driving, Repair, & Sales — This comprehensive agreement covers driving, tire repair, and potential tire sales responsibilities for the contractor to undertake. Keywords: Florida agreement, self-employed, independent contractor, mobile tire repair service, drive, repair, tires, mobile repair truck, owner, legal relationship, scope of work, independent contractor relation, vehicle usage, maintenance, equipment, tools, schedule, availability, compensation, payment, non-competition, confidentiality, termination.
