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.
Ohio Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the terms and conditions of the relationship between a real estate salesperson and a real estate loan broker in the state of Ohio. This agreement is essential in providing clarity and protection to both parties involved in the real estate transaction. The agreement establishes the roles, responsibilities, and obligations of the real estate salesperson, who acts as an independent contractor, and the real estate loan broker, who serves as the employing broker. It also governs the commission rates, payment terms, and termination provisions for the salesperson's services. In Ohio, there are different types of Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker depending on the specific arrangement between the parties involved. Some common variations include: 1. Exclusive Agreement: This type of agreement grants exclusivity to the real estate loan broker, meaning that the salesperson cannot work with any other broker during the term of the agreement. 2. Non-Exclusive Agreement: This agreement allows the salesperson to work with multiple brokers simultaneously, providing more flexibility and potential for greater income. 3. Term Agreement: This type of agreement has a fixed duration, specifying a start and end date. Both parties are bound by the terms and conditions until the agreement terminates, unless otherwise specified. 4. Commission Agreement: This agreement specifically outlines the commission rates and payment terms for the salesperson. It includes details on when and how the commission will be paid for successful real estate transactions. 5. Termination Agreement: This agreement defines the circumstances under which either party can terminate the agreement. It may include provisions such as notice period, breach of contract, or mutual agreement. In summary, the Ohio Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a key document that defines the working relationship between a real estate salesperson and a real estate loan broker in Ohio. It provides clarity on roles, responsibilities, commission rates, payment terms, and termination provisions. Different types of agreements exist, such as exclusive, non-exclusive, term, commission, and termination agreements, depending on the specific arrangement between the parties involved.
