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?
An Illinois Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legal document that outlines the terms and conditions of the working relationship between two parties involved in the counseling and therapy profession. This agreement is crucial to ensure clarity and protection for both the independent contractor and the solo practitioner, outlining their responsibilities, rights, and obligations. Key provisions typically included in an Illinois Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner may cover the following aspects: 1. Identification of the Parties: This section outlines the full names and contact details of both the licensed counselor and therapist acting as the independent contractor and the licensed counselor and therapist practicing as a solo practitioner. 2. Effective Date and Duration: The agreement should specify the effective date of the contract and the duration of the engagement, keeping in mind any possible renewal terms. 3. Scope of Services: This section defines the services that the independent contractor will provide to the solo practitioner. It may include therapy sessions, counseling, assessments, or any specific areas of expertise the contractor possesses. 4. Compensation and Payment Terms: This part details how the independent contractor will be compensated for their services, including the amount or rate per session or a percentage of the fees collected. It also clarifies the payment schedule, whether it is on a weekly, bi-weekly, or monthly basis. 5. Confidentiality and Privacy: Given the sensitive nature of counseling and therapy, this clause ensures that both parties agree to maintain client confidentiality, following applicable laws and ethical guidelines. 6. Independent Contractor Status: It is essential to address the independent contractor relationship, clearly establishing that the contractor is not an employee but an independent entity responsible for their own taxes, insurance, and licensure. 7. Ownership of Intellectual Property: If the independent contractor creates any original materials or intellectual property while engaged in the agreement, this portion will determine who owns the rights to those materials. 8. Termination and Renewal: This section outlines the specifications for terminating the agreement, whether it is due to mutual agreement, breach of contract, or other circumstances. It may also include provisions for renewal or extension of the agreement. It is important to note that there may be various types or variations of the Illinois Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner. Some potential types or variations could include: 1. Full-time Independent Contractor Agreement: This agreement specifies that the independent contractor will provide services exclusively to the solo practitioner on a full-time basis. 2. Part-time Independent Contractor Agreement: This type of agreement outlines that the independent contractor will provide services to the solo practitioner on a part-time basis while maintaining other professional commitments. 3. Limited Duration Independent Contractor Agreement: In some cases, a specific project or engagement may require an independent contractor for a limited duration. This contractual arrangement would specify the start and end dates of the project. Remember, it is crucial to consult with a legal professional specializing in healthcare or employment law to create an Illinois Independent Contractor Agreement tailored to your specific circumstances and ensure compliance with applicable regulations and ethical guidelines.
