Although no definite rule exists for determining whether one is an independent contractor or employee, the main issue is the basic issue of control. The general test of what constitutes an independent contractor relationship involves which party has the right to direct what is to be done, and how and when. Another important test involves method of payment of the contractor.
An independent contractor is not an agent of the person he is contracting with. The main way to tell an independent contractor from an agent is the degree of control or supervision that the purported principal has over the agent or independent contractor. If there is no significant supervision over the contractor, there is no agency or liability for the actions of the independent contractor. An agent or an employee is different from an independent contractor. A principal or employer has control over an agent or employee, but not over an independent contractor. A principal or employer does not have control over the work performance of an independent contractor. A principal or employer is not bound by the actions of an independent contractor.
Description: A Guam Self-Employed Independent Contractor Agreement between an Owner/Operator Truck Driver and a Common Carrier Company or Organization is a legally binding contract that outlines the terms and conditions of the working relationship between the truck driver and the carrier company operating in Guam. This agreement is specifically tailored for self-employed truck drivers who own and operate their trucks and enter into a contract with a common carrier company. Keywords: 1. Guam: This refers to the geographical location of the agreement, indicating that it is applicable and valid in the U.S. territory of Guam. 2. Self-Employed: This highlights that the truck driver is an independent contractor who operates as their own boss and is responsible for managing their business operations. 3. Independent Contractor: Implies that the truck driver operates as an independent entity and is not considered an employee of the common carrier company. The agreement specifies the independent contractor status and the absence of an employer-employee relationship. 4. Owner/Operator: Indicates that the truck driver both owns and operates the truck used for transportation services. 5. Truck Driver: Refers to the individual engaged in the operation and transportation of goods using their truck. 6. Common Carrier: This refers to the company or organization that offers transportation services to the public and holds the necessary permits and licenses to operate as a common carrier in Guam. 7. Company or Organization: This covers both scenarios where the carrier may be a registered company or a non-profit organization engaging in transportation services. Types of Guam Self-Employed Independent Contractor Agreements: 1. Full-Time Agreement: This type of agreement defines the working relationship between the owner/operator truck driver and the common carrier company for full-time employment, usually requiring a minimum number of hours or days per week for services. 2. Part-Time Agreement: This agreement is suitable for owner/operator truck drivers who wish to work fewer hours or days per week, allowing for flexibility in their schedules. 3. Temporary Agreement: This type of agreement is applicable when the truck driver is engaged for a specific project or a temporary period, defining the duration of the contract and the specific conditions involved. 4. Exclusive Agreement: This agreement may stipulate that the owner/operator truck driver can only work exclusively for the common carrier company, prohibiting them from working for other carriers during the agreement's validity period. 5. Non-Exclusive Agreement: This type of agreement allows the owner/operator truck driver to provide services to other carrier companies simultaneously or during the agreement's validity period. By utilizing these relevant keywords, this description provides an accurate overview of a Guam Self-Employed Independent Contractor Agreement between an Owner/Operator Truck Driver and a Common Carrier Company or Organization.
