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: New Mexico Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Keywords: New Mexico, agreement, self-employed, independent contractor, mobile tire repair service, drive, repair tires Description: The New Mexico Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legal document outlining the terms and conditions established between the owner of a mobile tire repair service and an independent contractor. This agreement specifies the role and responsibilities of the contractor in driving the mobile tire repair truck and providing tire repair services within the state of New Mexico. Key provisions included in the agreement may cover: 1. Scope of Work: The agreement defines the specific tasks and services expected from the independent contractor, such as operating the mobile tire repair truck, traveling to customer locations, and efficiently repairing tires. 2. Term: The duration of the agreement is outlined, stating whether it is a fixed term or ongoing arrangement until either party decides to terminate the agreement. 3. Consideration: The compensation structure is established, detailing how and when the independent contractor will be compensated for their services. This may include a flat fee per job, a commission-based arrangement, or an hourly rate. 4. Independent Contractor Status: The agreement clarifies that the contractor is not an employee of the tire repair service owner, but rather operates as an independent entity accountable for their own insurance, maintenance, and income taxes. 5. Confidentiality and Non-Compete: The contractor may be required to sign a confidentiality agreement to protect sensitive operational and customer information. A non-compete clause may also be included, limiting the contractor's ability to offer similar services within a defined geographical area for a specified period. 6. Insurance and Indemnification: It is common for the agreement to specify the required insurance coverage, such as liability insurance, in order to protect both parties in case of accidents or damages. The contractor may also be responsible for indemnifying the owner against any claims arising from their work. 7. Termination: The conditions required for terminating the agreement, such as breach of contract, non-performance, or mutual consent, are clearly defined to protect both parties. 8. Governing Law: The agreement outlines that it will be governed by the laws of the state of New Mexico, ensuring that any disputes or legal matters will be resolved according to the applicable jurisdiction. Ultimately, the New Mexico Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service enables a clear and legally binding contractual relationship between both parties, providing a foundation for successfully operating a mobile tire repair service in the state of New Mexico. Other Possible Types of New Mexico Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: — Non-Disclosure Agreement (NDA— - Service Level Agreement (SLA) — PartnershiAgreementen— - Equipment Lease Agreement.Title: New Mexico Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Keywords: New Mexico, agreement, self-employed, independent contractor, mobile tire repair service, drive, repair tires Description: The New Mexico Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legal document outlining the terms and conditions established between the owner of a mobile tire repair service and an independent contractor. This agreement specifies the role and responsibilities of the contractor in driving the mobile tire repair truck and providing tire repair services within the state of New Mexico. Key provisions included in the agreement may cover: 1. Scope of Work: The agreement defines the specific tasks and services expected from the independent contractor, such as operating the mobile tire repair truck, traveling to customer locations, and efficiently repairing tires. 2. Term: The duration of the agreement is outlined, stating whether it is a fixed term or ongoing arrangement until either party decides to terminate the agreement. 3. Consideration: The compensation structure is established, detailing how and when the independent contractor will be compensated for their services. This may include a flat fee per job, a commission-based arrangement, or an hourly rate. 4. Independent Contractor Status: The agreement clarifies that the contractor is not an employee of the tire repair service owner, but rather operates as an independent entity accountable for their own insurance, maintenance, and income taxes. 5. Confidentiality and Non-Compete: The contractor may be required to sign a confidentiality agreement to protect sensitive operational and customer information. A non-compete clause may also be included, limiting the contractor's ability to offer similar services within a defined geographical area for a specified period. 6. Insurance and Indemnification: It is common for the agreement to specify the required insurance coverage, such as liability insurance, in order to protect both parties in case of accidents or damages. The contractor may also be responsible for indemnifying the owner against any claims arising from their work. 7. Termination: The conditions required for terminating the agreement, such as breach of contract, non-performance, or mutual consent, are clearly defined to protect both parties. 8. Governing Law: The agreement outlines that it will be governed by the laws of the state of New Mexico, ensuring that any disputes or legal matters will be resolved according to the applicable jurisdiction. Ultimately, the New Mexico Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service enables a clear and legally binding contractual relationship between both parties, providing a foundation for successfully operating a mobile tire repair service in the state of New Mexico. Other Possible Types of New Mexico Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: — Non-Disclosure Agreement (NDA— - Service Level Agreement (SLA) — PartnershiAgreementen— - Equipment Lease Agreement.
