An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her 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. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time?
" Does the worker make his or her services available to the general public?
A Georgia Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legally-binding contract that outlines the professional relationship between two mental health professionals in Georgia. This agreement governs the terms and conditions under which the licensed counselor and therapist (the "Contractor") will provide services to the licensed counselor and therapist practicing as a solo practitioner (the "Client"). The agreement typically includes important details such as the names and contact information of both parties, the effective date of the agreement, and the scope of services to be provided by the Contractor. It will also outline the specific responsibilities and expectations of both parties, and any limitations or restrictions on the services to be offered. One type of Georgia Independent Contractor Agreement between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner may be a general agreement that encompasses a broad range of counseling and therapy services. This type of agreement is suitable for licensed professionals who have a wide scope of practice and provide various therapeutic interventions. Another type of agreement could be specialized for specific areas of counseling and therapy services. For example, there may be separate agreements for clinicians specializing in trauma therapy, couples counseling, child and adolescent counseling, substance abuse counseling, or any other specialized field within the mental health profession. These agreements would include specific provisions relating to the unique requirements and standards associated with each specialization. They may include detailed confidentiality clauses, informed consent requirements, and specific protocols or methodologies that must be followed when providing services within the specialized field. Overall, a Georgia Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a crucial document for establishing clear guidelines and expectations between mental health professionals. By entering into this agreement, both parties can operate with a mutual understanding of their roles and responsibilities, ensuring a professional and ethical practice that prioritizes the well-being of clients.
