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.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. 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.
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.
Restrictions to prevent competition by a present or former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
A self-employed independent contractor agreement with a sales representative is a legal document that outlines the terms and conditions between a business or company and an individual or entity hired to sell their products or services on a commission basis. This agreement is commonly used in the state of New Hampshire and provides clarity and protection for both parties involved in the sales arrangement. Keywords: New Hampshire, self-employed, independent contractor agreement, sales representative, terms and conditions, business, commission basis, products, services, clarity, protection, sales arrangement. Types of New Hampshire Self-Employed Independent Contractor Agreements with Sales Representatives: 1. Exclusive Sales Representative Agreement: This type of agreement grants the sales representative exclusivity to represent the business in a specific geographic area or market segment. It prevents the business from seeking other representatives in the same area or segment. 2. Non-Exclusive Sales Representative Agreement: In contrast to the exclusive agreement, this type allows the business to hire multiple sales representatives in the same territory or market segment. This arrangement reduces the exclusivity of the representative's sales role. 3. Commission-Only Sales Representative Agreement: This agreement specifies that the sales representative will be compensated solely on a commission basis, without any fixed salary or benefits. It is common in industries such as real estate, insurance, or direct sales. 4. Full-Time Sales Representative Agreement: This type of agreement outlines the representative's commitment to work exclusively for the business on a full-time basis. It typically includes provisions regarding work hours, vacation, and responsibilities. 5. Part-Time Sales Representative Agreement: Alternatively, this agreement is designed for representatives who have other professional engagements or commitments and can only dedicate a limited number of hours to the sales role. It offers flexibility for both the individual and the business. 6. Termination Agreement: This document is used when either party wishes to terminate their relationship before the agreed-upon expiration date specified in the initial sales representative agreement. It details the terms and conditions of the termination, including any applicable notice period or severance pay. 7. Renewal Agreement: A renewal agreement is employed when both parties agree to extend the existing sales representative agreement beyond its original expiration date. It defines the new terms for the extended period, including any updated commission structure or performance expectations. Overall, the New Hampshire self-employed independent contractor agreement with a sales representative is a crucial legal document for businesses looking to establish a sales force and ensure a mutually beneficial relationship with their representatives. It provides clarity, protects both parties' interests, and sets the foundation for a successful sales arrangement.A self-employed independent contractor agreement with a sales representative is a legal document that outlines the terms and conditions between a business or company and an individual or entity hired to sell their products or services on a commission basis. This agreement is commonly used in the state of New Hampshire and provides clarity and protection for both parties involved in the sales arrangement. Keywords: New Hampshire, self-employed, independent contractor agreement, sales representative, terms and conditions, business, commission basis, products, services, clarity, protection, sales arrangement. Types of New Hampshire Self-Employed Independent Contractor Agreements with Sales Representatives: 1. Exclusive Sales Representative Agreement: This type of agreement grants the sales representative exclusivity to represent the business in a specific geographic area or market segment. It prevents the business from seeking other representatives in the same area or segment. 2. Non-Exclusive Sales Representative Agreement: In contrast to the exclusive agreement, this type allows the business to hire multiple sales representatives in the same territory or market segment. This arrangement reduces the exclusivity of the representative's sales role. 3. Commission-Only Sales Representative Agreement: This agreement specifies that the sales representative will be compensated solely on a commission basis, without any fixed salary or benefits. It is common in industries such as real estate, insurance, or direct sales. 4. Full-Time Sales Representative Agreement: This type of agreement outlines the representative's commitment to work exclusively for the business on a full-time basis. It typically includes provisions regarding work hours, vacation, and responsibilities. 5. Part-Time Sales Representative Agreement: Alternatively, this agreement is designed for representatives who have other professional engagements or commitments and can only dedicate a limited number of hours to the sales role. It offers flexibility for both the individual and the business. 6. Termination Agreement: This document is used when either party wishes to terminate their relationship before the agreed-upon expiration date specified in the initial sales representative agreement. It details the terms and conditions of the termination, including any applicable notice period or severance pay. 7. Renewal Agreement: A renewal agreement is employed when both parties agree to extend the existing sales representative agreement beyond its original expiration date. It defines the new terms for the extended period, including any updated commission structure or performance expectations. Overall, the New Hampshire self-employed independent contractor agreement with a sales representative is a crucial legal document for businesses looking to establish a sales force and ensure a mutually beneficial relationship with their representatives. It provides clarity, protects both parties' interests, and sets the foundation for a successful sales arrangement.
