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: Michigan Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: Mobile Tire Repair Truck and Tire Repair Terms Keywords: Michigan agreement, self-employed independent contractor, mobile tire repair service, mobile tire repair truck, tire repair, terms, contractor agreement Introduction: In the state of Michigan, a self-employed independent contractor may enter into an agreement with the owner of a mobile tire repair service to drive the mobile tire repair truck and perform tire repair services. This contractual agreement outlines the terms and conditions between both parties to ensure clarity, legality, and protection. Types of Michigan Agreement Between Independent Contractor and Owner: 1. Agreement for Mobile Tire Repair Services: This agreement establishes the relationship between the self-employed independent contractor and the owner of a mobile tire repair service, specifically for performing tire repairs. It sets out the roles, responsibilities, payment terms, and other crucial details. 2. Contract for Driving the Mobile Tire Repair Truck: This contract focuses on the responsibilities and obligations of the independent contractor specifically while operating the mobile tire repair truck. It outlines the terms related to vehicle usage, maintenance, insurance, and compliance with traffic rules and regulations. 3. Agreement for Tire Repair Services and Location: This type of agreement specifies the self-employed independent contractor's responsibility to repair tires at specific locations, such as residential areas, commercial establishments, or designated sites. It may include terms about scheduling, service area limitations, and customer interaction guidelines. Content of the Michigan Agreement: 1. Introduction and Purpose: This section provides an overview of the agreement's purpose, parties involved, and the nature of their relationship as an independent contractor and business owner. It clarifies that the contractor is not an employee but an individual in business. 2. Scope of Work: Here, detailed information is provided regarding the tire repair services the contractor will perform, including the types of repairs, potential services offered (e.g., mobile tire replacement), and any additional tasks that fall within the normal course of business. 3. Time Commitment and Scheduling: This section outlines the working hours, days of availability, and expectations for punctuality. It may also address any requirements for the contractor to inform the owner of any planned absences or changes in availability. 4. Compensation and Payment Terms: The agreement should clearly define the payment structure, such as hourly rates, per-tire repair rates, or commissions based on the contractor's work output. It should also specify payment frequency, methods, and any other relevant financial details. 5. Usage of Mobile Tire Repair Truck: If the contractor is responsible for operating the mobile tire repair truck, this section will specify the permitted usage, maintenance responsibilities, insurance requirements, and any restrictions imposed by the owner regarding personal usage. 6. Obligations and Responsibilities: This section outlines the expectations and obligations of both parties, including the contractor's duty to provide efficient and professional tire repair services, assurance of necessary licenses and permits, adherence to safety regulations, and maintaining required tools and equipment. 7. Termination Clause: It is essential to include terms regarding contract termination and the conditions under which either party can terminate the agreement. Termination notice period, violation provisions, and potential penalties for non-compliance should be explicitly stated. Conclusion: Creating a comprehensive Michigan Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is crucial to ensuring a smooth working relationship. This agreement establishes clear expectations, protects the rights of both parties, and ensures compliance with Michigan laws and regulations. Seek professional legal advice to tailor the agreement as per your specific requirements and circumstances.
