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.
A Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service outlines the terms and conditions between two parties involved in the mobile tire repair business. This contractual agreement specifies the responsibilities, rights, and obligations of the self-employed independent contractor and the owner of the mobile tire repair service. Below are some key aspects covered in this agreement: 1. Contractual Parties: This agreement identifies the self-employed independent contractor, who will be driving the mobile tire repair truck and performing tire repair services, and the owner of the mobile tire repair service, who owns the truck and provides the necessary tools and supplies. 2. Scope of Work: The agreement clearly defines the specific services the self-employed independent contractor will provide, such as tire repairs, replacements, rotations, and balancing. It may also include ancillary services like tire inspections, pressure checks, and basic maintenance. 3. Work Schedule and Availability: The agreement outlines the expected work schedule of the self-employed independent contractor. This may include specific days, hours, or periods during which their services are required, as well as any flexibility or provision for the contractor to arrange their schedule to accommodate their personal needs. 4. Compensation and Payment Terms: The agreement specifies the agreed-upon compensation for the contractor's services. This may be a fixed hourly rate, commission based on the number of repairs completed, or a combination of both. Furthermore, it outlines the payment terms, such as the frequency (e.g., weekly, bi-weekly) and the method of payment (e.g., direct deposit, cash). 5. Business Expenses: If applicable, the agreement may address the reimbursement of business expenses incurred by the independent contractor, such as fuel costs, tire repair supplies, or maintenance and repair expenses for the mobile tire repair truck. 6. Independent Contractor Relationship: This agreement explicitly states that the self-employed independent contractor is not considered an employee, but rather an independent contractor. It clarifies that the contractor is responsible for their own taxes, licenses, insurances, and compliance with all applicable federal, state, and local laws. 7. Confidentiality and Non-Disclosure: Depending on the nature of the mobile tire repair service, the agreement may include provisions for the contractor to maintain the confidentiality of certain business information, customer data, or trade secrets they may come across during their work. 8. Termination: The agreement discusses the conditions under which either party may terminate the agreement, such as breach of contract, poor performance, or any other valid reason allowed under Massachusetts laws. It may also outline the notice period required to terminate the agreement. Types of Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service may include: — Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Short-Term Services: This type of agreement is designed for contractors who work on temporary or project-based assignments, rather than on an ongoing basis. — Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Long-Term Services: This variation of the agreement is suitable for contractors who provide their services to the mobile tire repair business over an extended period, either on a full-time or part-time basis. — Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Exclusive Services: This type of agreement specifies that the self-employed independent contractor will exclusively provide their tire repair services to the owner of the mobile tire repair service, prohibiting them from working for any competing businesses. — Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service with Non-Compete Clause: In addition to the standard provisions, this agreement includes a non-compete clause, stating that the contractor must refrain from engaging in a similar tire repair business within a certain geographic area for a specified period after the agreement's termination.A Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service outlines the terms and conditions between two parties involved in the mobile tire repair business. This contractual agreement specifies the responsibilities, rights, and obligations of the self-employed independent contractor and the owner of the mobile tire repair service. Below are some key aspects covered in this agreement: 1. Contractual Parties: This agreement identifies the self-employed independent contractor, who will be driving the mobile tire repair truck and performing tire repair services, and the owner of the mobile tire repair service, who owns the truck and provides the necessary tools and supplies. 2. Scope of Work: The agreement clearly defines the specific services the self-employed independent contractor will provide, such as tire repairs, replacements, rotations, and balancing. It may also include ancillary services like tire inspections, pressure checks, and basic maintenance. 3. Work Schedule and Availability: The agreement outlines the expected work schedule of the self-employed independent contractor. This may include specific days, hours, or periods during which their services are required, as well as any flexibility or provision for the contractor to arrange their schedule to accommodate their personal needs. 4. Compensation and Payment Terms: The agreement specifies the agreed-upon compensation for the contractor's services. This may be a fixed hourly rate, commission based on the number of repairs completed, or a combination of both. Furthermore, it outlines the payment terms, such as the frequency (e.g., weekly, bi-weekly) and the method of payment (e.g., direct deposit, cash). 5. Business Expenses: If applicable, the agreement may address the reimbursement of business expenses incurred by the independent contractor, such as fuel costs, tire repair supplies, or maintenance and repair expenses for the mobile tire repair truck. 6. Independent Contractor Relationship: This agreement explicitly states that the self-employed independent contractor is not considered an employee, but rather an independent contractor. It clarifies that the contractor is responsible for their own taxes, licenses, insurances, and compliance with all applicable federal, state, and local laws. 7. Confidentiality and Non-Disclosure: Depending on the nature of the mobile tire repair service, the agreement may include provisions for the contractor to maintain the confidentiality of certain business information, customer data, or trade secrets they may come across during their work. 8. Termination: The agreement discusses the conditions under which either party may terminate the agreement, such as breach of contract, poor performance, or any other valid reason allowed under Massachusetts laws. It may also outline the notice period required to terminate the agreement. Types of Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service may include: — Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Short-Term Services: This type of agreement is designed for contractors who work on temporary or project-based assignments, rather than on an ongoing basis. — Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Long-Term Services: This variation of the agreement is suitable for contractors who provide their services to the mobile tire repair business over an extended period, either on a full-time or part-time basis. — Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service for Exclusive Services: This type of agreement specifies that the self-employed independent contractor will exclusively provide their tire repair services to the owner of the mobile tire repair service, prohibiting them from working for any competing businesses. — Massachusetts Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service with Non-Compete Clause: In addition to the standard provisions, this agreement includes a non-compete clause, stating that the contractor must refrain from engaging in a similar tire repair business within a certain geographic area for a specified period after the agreement's termination.
