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.
The Montana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that outlines the terms and conditions between a real estate salesman (independent contractor) and a real estate loan broker. This agreement is specific to the state of Montana and is used to ensure that both parties are protected and their rights and obligations are clearly defined. Keywords: Montana, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker Types of Montana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Agreement: An exclusive agreement is a type of independent contractor agreement where the real estate salesman works exclusively with one real estate loan broker. This means that the salesman cannot work with any other broker during the term of the agreement. 2. Non-Exclusive Agreement: A non-exclusive agreement allows the real estate salesman to work with multiple real estate loan brokers simultaneously. This type of agreement offers greater flexibility to the salesman but may have certain limitations outlined within the contract. 3. Commission Structure Agreement: A commission structure agreement is a type of independent contractor agreement that specifies how the real estate salesman will be compensated for their services. It outlines the percentage or flat fee the salesman will receive for each successful real estate loan made through their referral. 4. Term Agreement: A term agreement specifies the duration of the contract between the real estate salesman and the real estate loan broker. It defines the start and end dates of the agreement, indicating the period of time the salesman will work under the broker's supervision. 5. Termination Agreement: A termination agreement outlines the conditions and procedures for terminating the independent contractor agreement. It details the circumstances under which either party can terminate the agreement, such as non-compliance with terms or breach of contract. 6. Confidentiality Agreement: A confidentiality agreement is an additional clause that can be added to the independent contractor agreement. It ensures that any confidential or proprietary information shared between the parties remains confidential and cannot be disclosed to any third parties. In conclusion, the Montana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that establishes the relationship between a real estate salesman and a real estate loan broker in Montana. There are various types of agreements available based on exclusivity, commission structure, duration, termination, and confidentiality. It is important to carefully review and negotiate these agreements to protect the interests and rights of all involved parties.The Montana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that outlines the terms and conditions between a real estate salesman (independent contractor) and a real estate loan broker. This agreement is specific to the state of Montana and is used to ensure that both parties are protected and their rights and obligations are clearly defined. Keywords: Montana, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker Types of Montana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Agreement: An exclusive agreement is a type of independent contractor agreement where the real estate salesman works exclusively with one real estate loan broker. This means that the salesman cannot work with any other broker during the term of the agreement. 2. Non-Exclusive Agreement: A non-exclusive agreement allows the real estate salesman to work with multiple real estate loan brokers simultaneously. This type of agreement offers greater flexibility to the salesman but may have certain limitations outlined within the contract. 3. Commission Structure Agreement: A commission structure agreement is a type of independent contractor agreement that specifies how the real estate salesman will be compensated for their services. It outlines the percentage or flat fee the salesman will receive for each successful real estate loan made through their referral. 4. Term Agreement: A term agreement specifies the duration of the contract between the real estate salesman and the real estate loan broker. It defines the start and end dates of the agreement, indicating the period of time the salesman will work under the broker's supervision. 5. Termination Agreement: A termination agreement outlines the conditions and procedures for terminating the independent contractor agreement. It details the circumstances under which either party can terminate the agreement, such as non-compliance with terms or breach of contract. 6. Confidentiality Agreement: A confidentiality agreement is an additional clause that can be added to the independent contractor agreement. It ensures that any confidential or proprietary information shared between the parties remains confidential and cannot be disclosed to any third parties. In conclusion, the Montana Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that establishes the relationship between a real estate salesman and a real estate loan broker in Montana. There are various types of agreements available based on exclusivity, commission structure, duration, termination, and confidentiality. It is important to carefully review and negotiate these agreements to protect the interests and rights of all involved parties.
