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.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
Title: Kentucky Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Mobile Tire Repair Truck Operations Introduction: In Kentucky, a rapidly growing sector in the automotive industry is mobile tire repair services. This detailed description focuses on the Kentucky Agreement between a self-employed independent contractor and the owner of a mobile tire repair service. The agreement outlines the responsibilities, terms, and conditions for driving the mobile tire repair truck and providing tire repair services. Below, we delve into the various types or aspects of such agreements: 1. Kentucky Agreement Between Self-Employed Independent Contractor and Owner for Mobile Tire Repair Truck Operations: This type of agreement establishes a legal framework between the self-employed independent contractor and the owner of the mobile tire repair service. It outlines the terms and conditions for driving the mobile tire repair truck and conducting on-site tire repairs in Kentucky. Keywords: Kentucky, mobile tire repair service, independent contractor, tire repair, truck operations. 2. Terms and Conditions for Mobile Tire Repair Services in Kentucky: This section of the agreement provides a comprehensive description of the terms and conditions that both parties must adhere to when operating the mobile tire repair truck, such as working hours, territorial limits, insurance coverage, payment terms, and maintenance responsibilities. Keywords: Kentucky, mobile tire repair services, terms and conditions, working hours, territorial limits, insurance coverage, payment terms, maintenance responsibilities. 3. Responsibilities of the Independent Contractor: This section outlines the specific responsibilities of the self-employed independent contractor, including driving the mobile tire repair truck to customer locations, assessing tire damage, providing repair recommendations, executing tire repairs, and maintaining a professional image while representing the mobile tire repair service. Keywords: Kentucky, independent contractor, responsibilities, mobile tire repair truck, tire damage assessment, repair recommendations, tire repairs, professional image. 4. Obligations of the Mobile Tire Repair Service Owner: This segment focuses on the obligations of the service owner, which may include maintaining and equipping the mobile tire repair truck with necessary tools and equipment, maintaining proper licenses, permits, and insurances, providing customer service assistance, and ensuring timely delivery of services. Keywords: Kentucky, mobile tire repair service owner, obligations, truck equipment, licenses, permits, insurances, customer service, timely delivery. 5. Compensation and Payment Terms: This part of the agreement sets forth the compensation structure for the self-employed independent contractor, be it a flat rate per repair, commission-based, or a combination thereof. It also covers reimbursement policies for expenses incurred during service delivery and the frequency and method of payment. Keywords: Kentucky, compensation, payment terms, flat rate, commission-based, reimbursement, expenses, payment frequency. Conclusion: The Kentucky Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service serves as a binding contract that governs the operations, responsibilities, and compensation related to driving a mobile tire repair truck and providing on-location tire repair services. It ensures clarity and a mutually beneficial framework for both parties involved.
