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.
Hawaii Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that outlines the terms and conditions of the relationship between a real estate salesman and a real estate loan broker in Hawaii. This agreement serves as a binding contract between the two parties and helps establish the rights, responsibilities, and obligations of each party involved. Keywords: Hawaii, real estate, salesman, independent contractor agreement, real estate loan broker. There are several types of Hawaii Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers, including: 1. Residential Salesman Independent Contractor Agreement: This agreement is specific to residential real estate transactions and covers the services provided by the real estate salesman in assisting with the sale of residential properties. It also outlines the compensation structure, commission rates, and any other relevant terms. 2. Commercial Salesman Independent Contractor Agreement: This type of agreement is tailored for commercial real estate transactions, where the real estate salesman assists in the sale, lease, or purchase of commercial properties. It includes provisions that are unique to commercial real estate, such as zoning requirements, lease negotiations, and commercial financing options. 3. Exclusive Salesman Independent Contractor Agreement: In this agreement, the real estate salesman exclusively represents the real estate loan broker in certain transactions. It prevents the salesman from representing other brokers or engaging in any competing activities, ensuring loyalty and dedication to the broker. 4. Non-Exclusive Salesman Independent Contractor Agreement: This type of agreement allows the real estate salesman to work with multiple real estate loan brokers simultaneously. It provides more flexibility to the salesman, allowing them to explore different business opportunities and work with various brokers in the industry. 5. Commission-Based Salesman Independent Contractor Agreement: This agreement outlines the commission structure and payment terms for the real estate salesman. It specifies the percentage or amount of the commission that the salesman will receive upon successful completion of a transaction, ensuring a fair and transparent compensation arrangement. 6. Termination Agreement: This agreement sets forth the terms and conditions under which either party can terminate the independent contractor agreement. It outlines the notice period, grounds for termination, and any financial obligations that may arise upon termination. In summary, the Hawaii Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that defines the working relationship between a real estate salesman and a real estate loan broker. It is important for both parties to carefully review and understand the agreement to ensure a mutually beneficial and legally compliant arrangement.
