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 North Dakota Agreement is a legally binding contract between a self-employed independent contractor and the owner of a Mobile Tire Repair Service in North Dakota. This agreement outlines the terms and conditions under which the contractor will be engaged to drive the Mobile Tire Repair truck and perform tire repair services. Keywords: North Dakota Agreement, self-employed independent contractor, Mobile Tire Repair Service, Drive Mobile Tire Repair Truck, Repair Tires. The North Dakota Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a comprehensive document that governs the relationship between the contractor and the service owner. It includes provisions related to the scope of work, compensation, responsibilities, liabilities, and termination. In North Dakota, the Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service can vary based on different scenarios: 1. Agreement for Mobile Tire Repair Service: This type of agreement focuses on the mobile tire repair service as a whole. It covers specific obligations and requirements related to maintaining, operating, and managing the mobile tire repair truck. It may also include provisions for customer service, inventory management, and scheduling. 2. Agreement for Tire Repair and Replacement Services: This variant of the agreement specifically focuses on the contractor's responsibilities related to tire repair and replacement. It outlines the contractor's expertise, tools, and procedures for repair and replacement. It may include specifics on tire types, tread depth measurements, tire balancing, and proper disposal of worn-out tires. 3. Agreement for Mobile Tire Repair Truck Operations: This type of agreement highlights the contractor's role in driving and operating the Mobile Tire Repair Truck. It includes provisions related to vehicle maintenance, licensing, insurance, fueling, and adherence to safety regulations. Additionally, it may outline any required certifications or qualifications for operating the truck. 4. Agreement for Subcontracting Tire Repair Services: In some cases, the Mobile Tire Repair Service owner may subcontract tire repair services to independent contractors. This agreement would govern the relationship between the subcontractor and the Mobile Tire Repair Service owner. It would outline the subcontractor's responsibilities, payment terms, and any limitations or conditions for the subcontracted work. Regardless of the specific type of North Dakota Agreement, it is essential for both parties to carefully review and understand the terms and obligations outlined in the document. Seeking legal counsel to draft or review the agreement can ensure its compliance with local laws and regulations. By having a detailed agreement in place, potential conflicts can be minimized, and a mutually beneficial partnership can be fostered between the contractor and the owner of the Mobile Tire Repair Service.A North Dakota Agreement is a legally binding contract between a self-employed independent contractor and the owner of a Mobile Tire Repair Service in North Dakota. This agreement outlines the terms and conditions under which the contractor will be engaged to drive the Mobile Tire Repair truck and perform tire repair services. Keywords: North Dakota Agreement, self-employed independent contractor, Mobile Tire Repair Service, Drive Mobile Tire Repair Truck, Repair Tires. The North Dakota Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a comprehensive document that governs the relationship between the contractor and the service owner. It includes provisions related to the scope of work, compensation, responsibilities, liabilities, and termination. In North Dakota, the Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service can vary based on different scenarios: 1. Agreement for Mobile Tire Repair Service: This type of agreement focuses on the mobile tire repair service as a whole. It covers specific obligations and requirements related to maintaining, operating, and managing the mobile tire repair truck. It may also include provisions for customer service, inventory management, and scheduling. 2. Agreement for Tire Repair and Replacement Services: This variant of the agreement specifically focuses on the contractor's responsibilities related to tire repair and replacement. It outlines the contractor's expertise, tools, and procedures for repair and replacement. It may include specifics on tire types, tread depth measurements, tire balancing, and proper disposal of worn-out tires. 3. Agreement for Mobile Tire Repair Truck Operations: This type of agreement highlights the contractor's role in driving and operating the Mobile Tire Repair Truck. It includes provisions related to vehicle maintenance, licensing, insurance, fueling, and adherence to safety regulations. Additionally, it may outline any required certifications or qualifications for operating the truck. 4. Agreement for Subcontracting Tire Repair Services: In some cases, the Mobile Tire Repair Service owner may subcontract tire repair services to independent contractors. This agreement would govern the relationship between the subcontractor and the Mobile Tire Repair Service owner. It would outline the subcontractor's responsibilities, payment terms, and any limitations or conditions for the subcontracted work. Regardless of the specific type of North Dakota Agreement, it is essential for both parties to carefully review and understand the terms and obligations outlined in the document. Seeking legal counsel to draft or review the agreement can ensure its compliance with local laws and regulations. By having a detailed agreement in place, potential conflicts can be minimized, and a mutually beneficial partnership can be fostered between the contractor and the owner of the Mobile Tire Repair Service.
