An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her 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. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time\
" Does the worker make his or her services available to the general public?
Nebraska Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: A Nebraska contract with sales representative as an independent contractor to sell snow removal services in an exclusive territory is an agreement that outlines the terms and conditions between a company providing snow removal services and a sales representative operating as an independent contractor within a specific geographic area in Nebraska. The purpose of this contract is to establish a mutually beneficial business relationship between the company and the sales representative. It sets forth the rights, duties, and responsibilities of both parties involved. The contract ensures that the sales representative has the exclusive rights to sell the company's snow removal services within the designated territory, while the company benefits from the sales representative's efforts in extending its customer base. Here are some relevant keywords: 1. Nebraska snow removal services 2. Exclusive territory agreement 3. Independent contractor agreement 4. Sales representative contract 5. Snow removal sales agreement 6. Territory exclusivity rights 7. Sales commission structure 8. Market development strategy 9. Client acquisition and retention 10. Performance expectations 11. Sales target and goals 12. Terms of payment and invoicing 13. Termination clause 14. Non-compete and non-disclosure agreements 15. Liability and insurance coverage Types of Nebraska Contracts with Sales Representatives as Independent Contractors to Sell Snow Removal Services in Exclusive Territory: There could be variations in the type of contracts depending on the specific requirements or preferences of the snow removal service company. Here are a few examples: 1. Exclusive Territory Sales Agreement: This contract provides the sales representative with exclusive rights to sell snow removal services in a defined geographic area in Nebraska. It ensures that no other sales representatives from the same company operate within the designated territory. 2. Commission-Based Agreement: This contract emphasizes the sales representative's compensation structure, which is typically based on a percentage of sales or a commission for each successful contract secured with customers. It clarifies the terms and conditions related to commissions, payouts, and frequency of payment. 3. Performance-Based Agreement: This contract sets specific sales targets and goals for the sales representative. It outlines how the sales representative's performance will be evaluated and any bonus or incentive schemes linked to exceeding targets. 4. Non-Exclusive Territory Agreement: In this contract, the company allows multiple sales representatives to operate within the same territory, creating competition among representatives while still following guidelines and codes of conduct set by the company. Remember, it is crucial to consult legal counsel or an attorney to ensure the contract complies with Nebraska state laws and adequately protects the interests of both parties.
