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?
Indiana Independent Contractor Agreement between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legal document used to establish the terms and responsibilities of the independent contractor relationship between two licensed professionals in the field of counseling and therapy in Indiana. This agreement ensures clarity and protection for both parties involved in the arrangement. The agreement defines the scope of work, expectations, and obligations of the independent contractor, who is the licensed counselor and therapist practicing as a solo practitioner, and the hiring party, who is also a licensed counselor and therapist. The purpose of this agreement is to outline the nature of the relationship, compensation, confidentiality, intellectual property rights, termination procedure, and any other relevant provisions as required by Indiana law. In Indiana, there may be different types of Independent Contractor Agreements between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner, depending on the specificities of the arrangement: 1. Full-Time Independent Contractor Agreement: This type of agreement is suitable when the hired licensed counselor and therapist will be working exclusively for the solo practitioner on a full-time basis. 2. Part-Time Independent Contractor Agreement: This agreement is applicable when the hired licensed counselor and therapist will only work for the solo practitioner on a part-time basis. 3. Project-Based Independent Contractor Agreement: In certain cases, licensed counselors and therapists may be hired to work on specific projects or assignments on a short-term basis. This agreement's terms and conditions differ from the full-time or part-time agreements, as it focuses on the specific project's requirements, duration, and deliverables. 4. Teletherapy Independent Contractor Agreement: Due to recent advancements in technology, teletherapy has gained popularity as a means of counseling and therapy delivery. This type of agreement is specifically formulated for independent contractors who provide counseling and therapy services remotely through telecommunication technologies. It is important to note that the content and provisions of the Indiana Independent Contractor Agreement between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner may vary depending on the parties involved and their specific needs and requirements. Seeking legal counsel or using a professional template is highly recommended ensuring the agreement complies with Indiana laws and adequately protects the rights and interests of both parties.
