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.
Indiana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding contract that establishes the terms and conditions of the working relationship between a real estate salesperson and a loan broker in Indiana. This agreement outlines the specific duties, responsibilities, and compensation structure for the independent contractor. The agreement typically starts by identifying the parties involved, including the names of the real estate salesperson and the loan broker, their addresses, and license numbers. It also includes the effective date of the agreement. Next, the agreement details the scope of services to be provided by the real estate salesperson. This may include activities such as conducting property tours, attending open houses, negotiating contracts, and other tasks related to selling real estate. The agreement should specify whether the real estate salesperson will exclusively work with the loan broker or if they can also work with other brokers or clients. The compensation section of the agreement defines how the real estate salesperson will be paid for their services. Typically, this includes a commission structure based on the successful completion of real estate transactions. The agreement should specify the percentage or amount of commission, how it will be calculated, and when payments will be made. Another important aspect covered in the agreement is the independent contractor relationship. It clarifies that the real estate salesperson is an independent contractor and not an employee of the loan broker. This means that the salesperson is responsible for their own taxes, insurance, and other business expenses. Furthermore, the agreement may include confidentiality clauses to protect sensitive information and trade secrets shared between the parties. It may also address non-compete and non-solicitation provisions, which restrict the salesperson's ability to compete with the loan broker or solicit their clients for a certain period after termination. In Indiana, there may be variations of the Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker. For example, there could be agreements specific to residential real estate sales, commercial real estate sales, or even agreements tailored for specific types of loans such as mortgage loans or commercial loans. In summary, the Indiana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a comprehensive contract that establishes the rights and obligations of the real estate salesperson and the loan broker. It covers various aspects like scope of services, compensation, independent contractor relationship, confidentiality, and non-compete provisions. It is essential for both parties to carefully review and understand the terms of the agreement before entering into a business relationship.Indiana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding contract that establishes the terms and conditions of the working relationship between a real estate salesperson and a loan broker in Indiana. This agreement outlines the specific duties, responsibilities, and compensation structure for the independent contractor. The agreement typically starts by identifying the parties involved, including the names of the real estate salesperson and the loan broker, their addresses, and license numbers. It also includes the effective date of the agreement. Next, the agreement details the scope of services to be provided by the real estate salesperson. This may include activities such as conducting property tours, attending open houses, negotiating contracts, and other tasks related to selling real estate. The agreement should specify whether the real estate salesperson will exclusively work with the loan broker or if they can also work with other brokers or clients. The compensation section of the agreement defines how the real estate salesperson will be paid for their services. Typically, this includes a commission structure based on the successful completion of real estate transactions. The agreement should specify the percentage or amount of commission, how it will be calculated, and when payments will be made. Another important aspect covered in the agreement is the independent contractor relationship. It clarifies that the real estate salesperson is an independent contractor and not an employee of the loan broker. This means that the salesperson is responsible for their own taxes, insurance, and other business expenses. Furthermore, the agreement may include confidentiality clauses to protect sensitive information and trade secrets shared between the parties. It may also address non-compete and non-solicitation provisions, which restrict the salesperson's ability to compete with the loan broker or solicit their clients for a certain period after termination. In Indiana, there may be variations of the Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker. For example, there could be agreements specific to residential real estate sales, commercial real estate sales, or even agreements tailored for specific types of loans such as mortgage loans or commercial loans. In summary, the Indiana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a comprehensive contract that establishes the rights and obligations of the real estate salesperson and the loan broker. It covers various aspects like scope of services, compensation, independent contractor relationship, confidentiality, and non-compete provisions. It is essential for both parties to carefully review and understand the terms of the agreement before entering into a business relationship.
